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Journal articles on the topic 'Pre-trial investigation'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 May 2022

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1

Bereziak, V. M., D. S. Holovashchenko, and D. M. Kraminska. "SPECIAL PRE-TRIAL INVESTIGATION." Juridical scientific and electronic journal, no. 4 (2022): 354–56. http://dx.doi.org/10.32782/2524-0374/2022-4/84.

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2

Valtonen, Marjo Rita. "Documentation in pre‐trial investigation." Records Management Journal 17, no. 3 (October 9, 2007): 179–85. http://dx.doi.org/10.1108/09565690710833080.

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3

Maslyuk, O. V. "Organization of pre-trial investigation of terrorist crimes." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 314–18. http://dx.doi.org/10.24144/2307-3322.2021.65.57.

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In this article, the author discusses the peculiarities of the organization of the investigation of terrorist crimes, emphasizing that these crimes are particularly dangerous given that they encroach not only on individuals but also on society and the state as a whole. However, the study noted that during the investigation of these criminal offenses, investigators may encounter certain objective difficulties, in particular, it is about psychological factors that affect witnesses to these offenses, as well as the destruction of traces by the explosion and others.The author considers different approaches to understanding the concept of “organization of the investiga-tion”, tending to the fact that it covers a set of measures that are necessary at all stages of the investigation. In addition, a distinction was made between the concepts of “organization of the investigation” and “planning of the investigation”, stating that although they are interrelated, the latter is narrower in meaning. The author also studied the legal framework for regulating the planning of investigations, in particular, the Law of Ukraine “On Combating Terrorism”, Instructions on the organization of pre-trial investigation with other bodies and units of the National Police of Ukraine in crime prevention, detection and investigation, approved by the Order Ministry of Internal Affairs of Ukraine, etc. Investigation planning can include the following stages: creation of an investigative task force; versioning; drawing up a written plan; identification of circumstances to be proved, development of ways, means and methods of investigation; providing the necessary technical equipment; de-termination of the sequence and terms of investigative (search) actions; decision on the appointment of exam-inations; determination of performers; determination of organizational measures for the anti-terrorist operation; plan correction, etc.

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4

Garafonova, O. I., and D. O. Giulmagomedov. "The Epistemology of Strategic Management of the Development of Pre-Trial Investigation Bodies." Business Inform 10, no. 525 (2021): 347–51. http://dx.doi.org/10.32983/2222-4459-2021-10-347-351.

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Strategic management of development is crucial to the organization’s existence in a competitive environment in the long run. Continuous development enables organizations to adapt to the changes that are taking place in society, as well as to identify and develop their own strengths. Among organizations, there are those that do not operate in a competitive environment, but those are relied upon in view of important social tasks. In particular, such organizations include pre-trial investigation bodies, which are designed to ensure security along with law-and-order in society. The lack of a competitive environment for such bodies leads to the weakening of external factors – determinants of institutional development, but in terms of tasks and the role of law enforcement bodies in society, the constant development of law enforcement bodies is no less important than for business organizations. In modern management, sufficient attention is paid to the strategic administration of the development of enterprises, but the issues of strategic management of the development of pre-trial investigation bodies, taking into account the specifics of the tasks of such organizations, as well as their internal and external environment, are not paid any attention in the domestic literature, and it is paid fragmentary attention in the literature abroad. The article provides a theoretical study of epistemology of the concepts of «strategy», «strategic management» and «organizational development» in order to identify the specifics of strategic management of the development of organizations. By analyzing the normative legal acts that determine the main tasks of pre-trial investigation bodies, the strategic goals of such bodies are identified, which should be taken into account during the elaboration of their development strategy. On the basis of the presented material, the authors’ own definition of «strategic management of the development of pre-trial investigation bodies» is proposed.

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5

Osypenko, I. P., and V. V. Prorochenko. "EXPERT’S CONCLUSION IN THE PRE-TRIAL INVESTIGATION." Juridical scientific and electronic journal, no. 2 (2020): 399–402. http://dx.doi.org/10.32782/2524-0374/2020-2/104.

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6

Synchuk, O. "PSYCHOLOGICAL ASPECTS OF CRIMES PRE-TRIAL INVESTIGATION." Theory and Practice of Forensic Science and Criminalistics 22, no. 2 (May 13, 2021): 52–59. http://dx.doi.org/10.32353/khrife.2.2020.04.

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The article is devoted to the problem of a psychological component of crimes pre-trial investigation. The factors of negative impact of circumstances and consequences of illegal actions on the psyche of participants of criminal proceedings are considered. The need to use knowledge of psychological phenomena and processes in the course of crime investigation by investigators is substantiated. The activities of investigator are characterized by significant emotional intensity. Taking into account full complexity of investigative activities encompassing a variety of interpersonal interactions, special attention is paid to the issue of psychological training of law enforcement agencies. Long-term perception of antisocial phenomena and communication with representatives of different social classes under conditions of time pressure and strict procedural regulation by investigator can result in increased mental stress in investigator and, as a result, in professional deformation. The investigator, being under the influence of negative emotions, must be able to maintain emotional stability. In this regard, the intellectual, volitional and communicative personal qualities of an investigator are particularly important. Keeping in touch with other participants of criminal proceedings, an investigator must maintain rationalism and composure, avoid formalism and bias. The purpose of such communication is to obtain information contributing to the establishment of truth on a specific criminal proceeding. The main task of an investigator in this process is to establish psychological contact with the use of psychological influence methods.

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7

Miežanskienė, Ramunė, and Vidmantė Giedraitytė. "Socio-demographic Portraits of Foreigners in the Activities of Lithuanian Law Enforcement Institutions: Case Studies of Pre-trial Investigation Agencies." Public Policy And Administration 18, no. 1 (April 9, 2019): 68–84. http://dx.doi.org/10.5755/j01.ppaa.18.1.23129.

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The article discusses the socio-demographic and related characteristics of foreign residents in the work of pre-trial investigation institutions of the Republic of Lithuania. Specific attention is drawn to the victims of crime against the foreigners and to the analysis of criminal offenses that‘s been comminted by foreign residents, their participation in pre-trial investigation processes. The aim is to address the need for pre-trial investigation institutions of competences and qualification improvement in work with foreigners. The study identifies and discusses general characteristics of foreigners, who has been suspected of having committed an offense addressing the data on age, gender, education, employment, and trends of changes in there aspects in 2008 - 2017 period of time. After reviewing the predominant spectrum of pre-trial investigations of criminal offenses and identifying general characteristics of foreigners suspected and affected by criminal offenses, it is noticedto be a justifying an acquirement of competences and raising of qualifications of pre-trial investigation officers. DOI: http://dx.doi.org/10.5755/j01.ppaa.18.1.23129

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8

Cherniak, N. P., and V. M. Kiianytsia. "FEATURES OF PROCEDURAL APPLICATION OF SPECIAL PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES AS А FORM OF PRE-TRIAL INVESTIGATION." Juridical scientific and electronic journal, no. 9 (2021): 272–75. http://dx.doi.org/10.32782/2524-0374/2021-9/67.

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9

Poltronieri Rossetti, Luca. "The Pre-Trial Chamber’s Afghanistan Decision." Journal of International Criminal Justice 17, no. 3 (July 1, 2019): 585–608. http://dx.doi.org/10.1093/jicj/mqz032.

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Abstract On 12 April 2019, Pre-Trial Chamber II (PTC II) of the International Criminal Court (ICC) issued a decision pursuant to Article 15(4) of the Rome Statute on the request of the Office of the Prosecutor (OTP) to open an investigation in the situation of Afghanistan, refusing for the first time to grant an authorization to investigate in a situation initiated proprio motu. The Chamber grounded its decision on a ‘prognostic’ analysis of the prospects for viable investigation and prosecution, leading to the conclusion that an investigation would not have been in the interests of justice. The present contribution examines the PTC’s approach in the Afghan situation, comparing it with previous practice in the context of authorization proceedings. It suggests that the Chamber’s approach to the definition of the scope of the investigation, as well as its interpretation and concrete application of the interests of justice clause, might represent an unreasonable encroachment on the OTP’s discretion. The article also examines the potential consequences of the Afghanistan decision in future cases and briefly touches upon the appellate proceedings instituted by the OTP and the legal representatives of victims. It finally argues that the current practice in authorization proceedings lacks reasonable consistency, and that a ‘third way’ between excessive deference and interventionism in the exercise of judicial supervision of discretionary choices needs to be developed in practice, in order to safeguard the credibility of the Court.

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10

Labozeviča, Sanita. "ADMISSIBILITY OF EVIDENCE IN THE INVESTIGATION OF ROAD TRAFFIC ACCIDENTS IN PRE-TRIAL CRIMINAL PROCEEDINGS." Administrative and Criminal Justice 1, no. 86 (March 31, 2019): 21. http://dx.doi.org/10.17770/acj.v1i86.4219.

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The research paper is devoted to the problems of evidence’s disposal admissibility in road accident investigation during pre-trial criminal proceedings. The understanding of evidence admissibility in the Latvian and foreign criminal procedural law theory and law enforcement practice is examined; implementation of the establishment during pre-trial criminal proceedings by investigating road accident crimes during pre-trial criminal proceedings. The objective of the research paper: to investigate theoretical and practical issues of the establishment of disposal admissibility by investigating road accident crimes during pre-trial criminal proceedings; to identify problems in this context and to offer their solutions. During the practice pre-trial criminal investigation in road accident cases indicate shortcomings in the legal framework, as well as the competence of officials conducting criminal proceedings, the organization of work and the lack of methodological materials and standardized forms related to the specific nature of the road accident investigation. The solutions proposed by the author are related to the strengthening of the attachments’ admissibility specified in section 130 of the Criminal Procedure Law as evidence in criminal proceedings.

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11

Burlaka, Yа A. "Investigation of Procedural Decisions at the Beginning of Pre-Trial Investigation." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (December 20, 2020): 262–71. http://dx.doi.org/10.32631/v.2020.4.25.

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The author of the article studies one of the most important current topics from the point of view of practice – the decision of investigators to initiate a pre-trial investigation in criminal proceedings. It is emphasized that all further movement of criminal proceedings depends on the timeliness of the investigator’s decision to conduct a pre-trial investigation. Moreover, it is of great importance for the effective achievement of such a task of criminal proceedings as the speed and completeness of the investigation. It is determined that the guarantee of non-entry of information about a criminal offense in the Unified Register of Pre-trial Investigations is the right of the applicant to appeal against decisions, actions or omission of the investigator, prosecutor. At the same time, the absence of a legal requirement to make a procedural decision to initiate or to refuse a pre-trial investigation, in particular in the form of a ruling, does not always contribute to the exercise of the applicant’s right to appeal. It is confirmed by the relevant court decisions, which, unfortunately, currently takes place in practice. Based on the results of the study, possible ways to improve the current criminal procedural legislation of Ukraine on this issue are proposed. The author has determined that the adoption of a procedural decision is impossible without a mandatory component of such a mechanism as the subject endowed with the relevant powers, and the quality of the decision itself directly depends on professional competence. The investigator, being authorized to conduct criminal proceedings, is an official who exercises state power through the adoption of procedural decisions, which affects the further direction of criminal proceedings. It is emphasized that the content of the procedural decision of the investigator, in a broad sense, is a product of mental activity, which forms the basis for the tasks of criminal proceedings. It is concluded that the investigator’s decision in the form of a reasoned decision to initiate or to refuse a pre-trial investigation is quite logical. It is explained by the fact that, first of all, the decision is an official written response to the appeal. It is established that early receipt of the decision is a guarantee of the right to appeal against decisions, actions or omission of the pre-trial investigation agencies.

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12

Drahonenko, A. "FORMS OF COMPLETION OF PRE-TRIAL INVESTIGATION: NEWS OF LEGISLATION." Scientific notes Series Law 1, no. 10 (July 2021): 99–103. http://dx.doi.org/10.36550/2522-9230-2021-10-99-103.

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The article is devoted to the study of certain issues related to the procedural order of completion of the pre-trial investigation and the latest changes that have been made to the criminal procedure legislation. Some shortcomings of the legal regulation of the researched institute are pointed out, in particular, the order of granting access to materials of criminal proceedings, term for acquaintance with them. Peculiarities and problematic issues of the end of the pre-trial investigation with the use of the information and telecommunication system of the pre-trial investigation are considered. A necessary condition for ensuring the constitutional principle of legality in criminal proceedings is the properly organized activities of the pre-trial investigation, prosecutor and court to establish all the facts of the criminal offense in order to achieve objective truth. Legitimate and reasonable decision-making on the termination of the pre-trial investigation ensures the implementation of the tasks of criminal proceedings, which are provided by Article 2 of the CPC of Ukraine. Thus, the legislator notes that the observance of legal procedure at the end of the pre-trial investigation is one of the main guarantees of protection of the rights and legitimate interests of participants in criminal proceedings. Such protection should take place through the strict performance of their duties by authorized bodies and officials. It has been established that changes in the legislation significantly facilitate the work of the defense and other participants in the process of opening and reviewing the materials of criminal proceedings. In addition, these changes will eliminate the possibility for officials conducting inquiries and pre-trial investigations to make corrections or falsifications of criminal proceedings at various stages of the investigation and after its completion. After all, the main protocols and other procedural documents will be uploaded to electronic systems. Unauthorized interference with the operation of electronic information and telecommunication systems will be punished.

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13

Glynska, N., and D. Klepka. "Appeal of report of suspicion during the pre-trial investigation." Herald of criminal justice, no. 4 (2019): 17–32. http://dx.doi.org/10.17721/2413-5372.2019.4/17-32.

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One of the most important criminal procedural decisions is the notice of suspicion which is essential both for the criminal proceeding as a whole and for the person to whom this message is made. Therefore, compliance with the legality and validity of the notice of suspicion is important in the general mechanism of effective solution of the tasks of criminal proceedings, in particular, regarding appealing the notice of suspicion during the pre-trial detention investigation. On bases of the case-law analysis, a number of issues have been highlighted in connection with the appeal of report of suspicion during the pre-trial investigation. The purpose of the article is to cover the gaps and conflicts of the current criminal procedural legislation in the regulation of appealing the report of suspicion during the pre-trial investigation. The authors summarized the case law on consideration of complaints about suspected reports during the pre-trial investigation, which allowed to identify 3 variants of interpretation by the investigating judges of the «suspicion report» as a subject of appeal: 1. the subject of the appeal is only the procedure for the report of suspicion; 2. the subject of the appeal is only the report of suspicion as a procedural decision; 3. The subject of the appeal is the written report of suspicion as a procedural decision and the procedure for the implementation of the report of suspicion. It is justified that the third approach is correct. The authors support the view of the complex nature of the notion of suspicion. Particular attention is paid to the issue of challenging the validity of the suspicion report. In the article the practice of investigating judges who refuse to open proceedings on a complaint about the validity of a suspected report is evaluated critically. On the basis of the practice of ECtHR, the authors conclude that the validity of a suspicion report may be may be the subject of an appeal during the pre-trial investigation in view of the insufficiency of the evidence on which it is based. In addition, it is concluded that the appeal of the suspicion report is ineffective after two months from the bottom of the report of the suspected in crime and one month after the report of the suspected in offense. On the basis of the conducted research, the authors proposed to amend the current CPC in order to improve the regulatory framework for appealing the suspected report during the pre-trial investigation.

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14

Vysochanskiy, Mikhail. "Improvement of pre-trial investigation as a factor of influencing on the ensuring of the economic security of Ukraine." Public administration aspects 8, no. 2 (July 8, 2020): 27–33. http://dx.doi.org/10.15421/152016.

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The article considers the pre-trial investigation in the context of an integral part of the foundation of economic security of Ukraine.The main problems of the pre-trial investigation in the criminal process of Ukraine identified: poor-quality regulatory support; insufficient material and technical support of pre-trial investigation bodies; redundancy in the use of the institution of immunity by judges and deputies of Ukraine; overload of investigators.Economic security in the article refers to the state of security of the national economy from threats, in which it is able to ensure the development of society, its economic and socio-political stability.Pre-trial investigation is defined as the stage of criminal proceedings carried out with observance of human rights and freedoms, starts from the moment the information is entered into the Unified Register of Pre-trial Investigations and ends with either the closure of the criminal proceedings or the submission of one of the following criminal procedure documents to the court, namely: the indictment ; petitions for the application of coercive measures of a medical or educational nature; applications for exemption from criminal liability. The importance of pre-trial investigation is noted, since it is during this stage that the bulk of the evidence is collected.It was determined to be rational to use electronic document management systems with the use of electronic signatures in order to simplify the interaction between law enforcement agencies, the prosecutor's office and the court in conducting pre-trial investigation. In order to improve and partially solve the problems of the pre-trial investigation, it was proposed to create such an electronic document management system that would ensure formal correspondence with the help of technical means, coordination of the investigator's applications, receipt of court orders for execution, etc.

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15

Dudko, O. "THE LAWYER'S MISTAKES DURING THE PRE-TRIAL INVESTIGATION." Entrepreneurship, Economy and Law 10 (2019): 173–78. http://dx.doi.org/10.32849/2663-5313/2019.10.29.

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16

Horodetska, M. S. "CONCERNING THE POSSIBILITY OF PROSECUTOR'S PRE-TRIAL INVESTIGATION." Law Journal of Donbass 65, no. 4 (December 22, 2018): 207–13. http://dx.doi.org/10.32366/2523-4269-2018-65-4-207-213.

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17

Tsyhaniuk, Yu V. "COMPONENTS OF THE SYSTEM OF PRE -TRIAL INVESTIGATION." Comparative-analytical law, no. 6 (2019): 477–80. http://dx.doi.org/10.32782/2524-0390/2019.6.120.

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18

Hovorun, Ye O. "SUSPENSION OF TIME LIMITS OF PRE-TRIAL INVESTIGATION." Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, no. 1 (2021): 100–105. http://dx.doi.org/10.32838/tnu-2707-0581/2021.1/18.

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19

Kovalova, O. "INFORMATIVE-COGNITIVE COMPONENT OF A PRE-TRIAL INVESTIGATION." “International Humanitarian University Herald. Jurisprudence”, no. 45 (2020): 172–75. http://dx.doi.org/10.32841/2307-1745.2020.45.36.

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20

Knyazev, Y. V. "Problem issues of group hooliganism pre-trial investigation." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 300–307. http://dx.doi.org/10.24144/2307-3322.2021.65.55.

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During the pre-trial investigation of qualified hooliganism, the investigator must find out all the circumstances of the committed crime, identify the persons involved and correctly classify their actions. In order to perform these tasks, it is necessary to skillfully put forward investigative versions, conduct a number of investigative (search) actions, in particu-lar, interrogations, searches, inspections, appointing examinations, conducting covert investigative (search) actions, etc.The purpose of the article is to critically review the problematic issues that arise during the pre-trial investigation of qualified hooliganism. The objectives of the study are to establish the distinguishing features between the witness and the accomplice of group hooliganism, to determine areas for improving the process of pre-trial investigation of the facts of qualified hooliganism.The methodological basis of the study coversthe general scientific and special scientific methods and techniques of scientific knowledge (systemic, formal-logical, structural-functional, sociological, axiological). The involvement of these methods made it possible to conduct a theoretical and applied analysis of the facts of group hooliganism; to carry out content analysis of legislative acts, scientific publications and criminal proceedings, etc.

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21

Knyazev, Y. V. "Problem issues of group hooliganism pre-trial investigation." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 323–30. http://dx.doi.org/10.24144/2788-6018.2021.04.56.

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During the pre-trial investigation of qualified hooliganism, the investigator must find out all the circumstances of the committed crime, identify the persons involved and correctly classify their actions. In order to perform these tasks, it is necessary to skillfully put forward investigative versions, conduct a number of investigative (search) actions, in particular, interrogations, searches, inspections, appointing examinations, conducting covert investigative (search) actions, etc. The purpose of the article is to critically review the problematic issues that arise during the pre-trial investigation of qualified hooliganism. The objectives of the study are to establish the distinguishing features between the witness and the accomplice of group hooliganism, to determine areas for improving the process of pre-trial investigation of the facts of qualified hooliganism. The methodological basis of the study coversthe general scientific and special scientific methods and techniques of scientific knowledge (systemic, formal-logical, structural-functional, sociological, axiological). The involvement of these methods made it possible to conduct a theoretical and applied analysis of the facts of group hooliganism; to carry out content analysis of legislative acts, scientific publications and criminal proceedings, etc. Peculiarities of video surveillance from video surveillance cameras, use of such video as a means of proof in criminal proceedings are considered. Attention is paid to definition of the factors influencing activity of the investigator during pre-trial investigation on the facts of hooliganism. It is concluded that when delimiting the joint actions of participants in qualified hooliganism, the subjects of criminal procedure should take into account such active or passive actions as: incitement, provoking the beating of victims, not responding to cries of strangers to stop beating, ignoring actions to stop hooliganism, etc. It is determined that the most characteristic during the investigation of criminal proceedings on the facts of group hooliganism is the conduct of forensic portrait examination, examination of cold steel and other instruments of crime. The necessity of conducting psychiatric, psychological and narcological examinations of suspects is substantiated, which in some cases makes it possible to establish the key circumstances of the mechanism of the crime and the features that characterize the identity of the delinquent. It is stated that the investigation of group hooliganism is a complex, multifaceted activity to establish all the circumstances of a crime committed within the statutory period.

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22

Pchelina, O. V. "Tasks and Content of procedural Guidance of Pre-Trial Investigation of Criminal Offenses Committed by a Group of Persons." Bulletin of Kharkiv National University of Internal Affairs 93, no. 2 (July 2, 2021): 296–302. http://dx.doi.org/10.32631/v.2021.2.26.

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The author has carried out analysis of scientific approaches to the interpretation of the concept and meaning of the institution of procedural guidance of pre-trial investigation in general, as well as taking into account the specifics of criminal offenses committed by a group of persons. It has been argued that the procedural guidance of pre-trial investigation is one of the functions of the prosecutor aimed at ensuring the effectiveness of criminal proceedings, which is undoubtedly implemented as a procedural form of interaction with the relevant pre-trial investigation agencies. It has been emphasized that the procedural guidance of pre-trial investigation of criminal offenses in general and those committed by a group of persons plays an important role in ensuring the effective implementation of the tasks of criminal proceedings. Procedural guidance of pre-trial investigation of criminal offenses committed by a group of persons has been defined as one of the functions of a prosecutor aimed at timely detection of criminal offenses committed by a group of persons, their effective pre-trial investigation, protection of rights and freedoms of lawful participants in criminal proceedings, on overcoming the opposition to pre-trial investigation of such offenses, which is implemented as a procedural form of interaction with the relevant pre-trial investigation agencies. The content of the procedural guidance of pre-trial investigation of criminal offenses committed by a group of persons has been revealed. It has been offered to present the content of the specified procedural guidance to the following groups of powers of the prosecutor: powers aimed at timely detection of criminal offenses committed by a group of persons, their effective pre-trial investigation; powers aimed at protecting the rights and freedoms of lawful participants in criminal proceedings; powers aimed at overcoming the opposition to pre-trial investigation of criminal offenses committed by a group of persons.

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23

Zhmudinskyi, V. "Problems of legal regulation of the procedure for extending the term of pretrial investigation." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 1(49) (June 8, 2021): 97–102. http://dx.doi.org/10.20535/2308-5053.2021.1(49).233031.

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The article concentrates on the analysis of the main provisions of the criminal procedure legislation on the procedure for extending the term of pre-trial investigation. It is established that a pre-trial investigation shall be conducted within the terms set out in Article 219 of the Code of Criminal Procedure of Ukraine and unjustified extension of the pre-trial investigation leads to the violation of the rights, freedoms and legitimate interests of participants in criminal proceedings. It is investigated that the term of pre-trial investigation of a crime can be extended by the prosecutor – supervisor of pre-trial proceedings at the request of the investigator, which the prosecutor is obliged to consider no later than three days from the date of its receipt, but in any case before the expiration of the pre-trial investigation period. It is noted that the prosecutor’s decision to extend the pre-trial investigation or to refuse it is not subject to appeal during the pre-trial investigation. Attention is drawn to the fact that in some cases, investigators apply to the prosecutor with a request to extend the pre-trial investigation period several days before its expiration, which may result in an untimely extension of the specified period by the prosecutor. Therefore, in order to prevent missing the deadline, the investigator orders the suspension of the pre-trial investigation on various grounds, mainly due to the need to perform procedural actions within the framework of international cooperation. It is proved that in most cases, based on the results of consideration of the investigator’s request by the prosecutor, an order is issued to extend such period, while a serious disadvantage of the specified procedure for extending the period is that the prosecutor issues an order to extend the period of pre-trial investigation, which is suspended at the time of such order. It is argued that the current criminal procedure legislation of Ukraine prohibits conducting any investigative actions after the suspension of the pre-trial investigation. Proposals have been made to improve the legal regulation of the procedure for extending the term of pre-trial investigation.

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24

Shepitko, V. Y. "ADVERSARIAL MODEL OF PRE-TRIAL INVESTIGATION: ILLUSIONS AND REALITY." Theory and Practice of Forensic Science and Criminalistics 15 (November 30, 2016): 5–13. http://dx.doi.org/10.32353/khrife.2015.01.

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The article analyzes certain trends in the mechanism of the adversarial process at the pre-trial investigation stage. It attempts to determine legislative changes in the regulation of the pre-trial investigation as a stage in criminal proceedings. The article also focuses on the essence of the investigation activity, the order of its implementation, the investigator’s functions and powers. At the same time any investigation has to ultimately aim at establishing the truth. The article determines the functional purposes of investigation (search) actions as well as secret investigation (search) actions and points out to certain problems and deficiencies in the course of their implementation. It dwells on the peculiarities of addressing special knowledge by various parties of the criminal proceedings (the state prosecution and the defense). The article concludes that at present the parties to the criminal trial proceedings do not have equal access to special knowledge. With this regard and taking into account the existing conditions, the article offers suggestions to optimize the investigation activity with the emphasis on the need for making criminalistic knowledge available to the pre-trial investigation and formation of an «adversarial criminalistics».

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25

Chorieva, Dilbar. "Legal And Procedural Status Of The Defender At The Pre-Investigation Stage." American Journal of Political Science Law and Criminology 02, no. 10 (October 28, 2020): 102–17. http://dx.doi.org/10.37547/tajpslc/volume02issue10-17.

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This article reveals an in-depth analysis of the pre-trial investigation stage, the individuals involved, as well as the role of defender and the procedural status of defender in pre-investigation inspection actions, and addresses the challenges at this stage in law enforcement practice today. The author provides substantiated scientific proposals on the development of a mechanism for the exercise of the right to protection in the pre-trial investigation and the determination of the legal status of participants in the pre-trial investigation, including the legal status and procedural status of defender, as well as their rights.

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26

Kobzar, Oleksandr, Maksym Romanov, Serhii Benkovskyi, Yevhen Povzyk, and Serhiy Trach. "Principles for pre-trial investigation planning under simplified procedure." Revista Amazonia Investiga 10, no. 47 (December 17, 2021): 216–25. http://dx.doi.org/10.34069/ai/2021.47.11.22.

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The purpose of the article is to study the organizational and legal framework for the functioning of the institution of pre-trial investigation planning under simplified procedure. The subject of the study is the planning of a pre-trial investigation under simplified procedure. Methodology. General scientific and special scientific methods were used in the course of the research: formal and logical; description; historical and legal; comparative and legal; dogmatic. Results of the research. The concept, essence, as well as the basic scientific doctrines concerning functioning of institution of planning are investigated; the content of the legal support for pre-trial investigation under simplified procedure is clarified. Practical meaning. The content and essence of the relevant process in the context of pre-trial investigation under simplified procedure are outlined; the main elements of legal support for the functioning of this institution are allocated; the author’s view on the positive and negative features of pre-trial investigation planning as the management tool is provided. Value / originality. The further steps to optimize the functioning of the institution of planning for pre-trial investigation of criminal offenses are proposed.

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Zubovich, M. M., K. V. Korshakova, and E. G. Tombulova. "The Use of Pre-Trial Expert Investigations in Civil Cases." Actual Problems of Russian Law 17, no. 4 (March 18, 2022): 76–85. http://dx.doi.org/10.17803/1994-1471.2022.137.4.076-085.

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The authors attempt to analyze the use of pre-trial expert investigation through the prism of the norms of current legislation and law enforcement practice. Having studied the approaches available in judicial practice, the authors come to the reasoned conclusion that the results of pre-trial expert investigations (acts of expertise) submitted by the parties to the court in civil cases are given evidentiary value. At the same time, courts should take into account the evidentiary value of pre-trial investigations and decide in favour of conducting forensic examinations only if there is insufficient clarity or incompleteness of pre-trial expert investigation or in connection with doubts about the correctness or validity of the results of pre-trial investigations. Pre-trial psychophysiological investigations using a polygraph are not subject to this algorithm that can also have evidentiary value in a civil case (the article provides an example of such a procedural situation). However, they cannot currently use the appointment of a forensic psychophysiological examination using a polygraph as the second stage due to the lack of a uniform scientifically grounded methodology for conducting such a judicial examination. Meanwhile, as the authors believe, creation of such a scientifically based methodology for conducting a forensic psychophysiological examination is a matter of the nearest future. This is supported by the actively accumulated experience of using a polygraph in different countries (in particular, in the Republic of Lithuania). In view of the prospect of using a polygraph in the near future, the authors give examples of private law situations in which the use of a polygraph in civil cases could become expedient and help courts in making informed decisions.

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28

Živković, Natalija. "Disclosure of evidence in pre-trial proceedings and investigation." Strani pravni zivot, no. 1 (2020): 63–76. http://dx.doi.org/10.5937/spz64-25035.

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29

Drozd, Valentyna. "Consideration of Petitions During Pre-Trial Investigation: Debatable Aspects." NAUKA I PRAVOOKHORONA 3 (2019): 89–98. http://dx.doi.org/10.36486/np.2019310.

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30

Atamanov, O. "Change of Notice of Suspicion in Pre-Trial Investigation." Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav 114, no. 1 (2020): 37–52. http://dx.doi.org/10.33270/01201141.37.

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31

Kostenko, T. V., Ya A. Krupka, O. L. Zavyalova, M. O. Kralyuk, and Ye O. Yakovlieva. "FIRE IN MINES OF COAL MINES: PRE-TRIAL INVESTIGATION." Herald of Zaporizhzhia National University. Jurisprudence, no. 1 (2021): 80–86. http://dx.doi.org/10.26661/2616-9444-2021-1-13.

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32

Shapoval, Aleksey B. "On Some Issues on the Pre-Trial Investigation Stage." Advocate’s practice 2 (April 1, 2021): 42–48. http://dx.doi.org/10.18572/1999-4826-2021-2-42-48.

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The article is devoted to the analysis of a complex of problems associated with cases of psychological violence against suspects, accused for the purpose of obtaining confessions from them. The paper highlights the connection of this problem with the problems meet almost every application of bodies of inquiry, investigation courts, excessive stiffness of selected preventive measures, lack of rule of law by the prosecution during the preliminary investigation and participation in the restoration of violated rights of the defendants and low-level work of lawyers for the protection of violated rights of their clients. The author comes to the conclusion that the greatest problem in the field of protection of the rights and freedoms of both the suspect and the accused is the complexity of countering criminal prosecution, the procedural purpose of which is to obtain an accusatory result.

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33

Vereshchak, Oleksandr. "SPECIAL PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES: CHANGES CONTINUE." Polonia University Scientific Journal, no. 2 (2021): 254–59. http://dx.doi.org/10.23856/4530.

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34

Mirkovets, Dmytro. "CONTROL AND SUPERVISORY ACTIVITIES IN THE PRE-TRIAL INVESTIGATION." Knowledge, Education, Law, Management 1, no. 1 (2021): 200–205. http://dx.doi.org/10.51647/kelm.2021.1.1.34.

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35

Zhovtan, P. V., and A. A. Kapitsa. "APPEAL OF REASONABLE TERMS DURING THE PRE-TRIAL INVESTIGATION." South Ukrainian Law Journal, no. 1 (2021): 172–80. http://dx.doi.org/10.32850/sulj.2021.1.31.

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36

Lapkin, A. V. "Іssues of pre-trial investigation by the Prosecutor‘s Office." Issues of crime prevention 39 (2019): 79–84. http://dx.doi.org/10.31359/2079-6242-2020-39-79.

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37

Tymoshenko, Yuriy, Dmytro Kyslenko, Elizaveta Kuzmichova-Kyslenko, Ihor Leonenko, and Ivan Servetsky. "Features of the Pre-trial Investigation of Air Pollution." Environment and Ecology Research 10, no. 2 (April 2022): 133–45. http://dx.doi.org/10.13189/eer.2022.100203.

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38

Kovalenko, Larysa Pavlivna. "ORGANIZATIONAL AND LEGAL PRINCIPLES OF PRE-TRIAL INVESTIGATION BODIES." Law Bulletin, no. 23 (2021): 151–56. http://dx.doi.org/10.32850/lb2414-4207.2021.23.19.

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39

Meretskiy, Nikolay, Diana Shurukhnova, and Svetlana Parkhomenko. "Specifics of the Subject and Tactics of Interrogating Suspects Accused of Bribery when Concluding a Pre-Trial Cooperation Agreement." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 891–97. http://dx.doi.org/10.17150/2500-4255.2020.14(6).891-897.

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The article is devoted to researching the application of a clause in criminal procedure law that regulates pre-trial agreements, for example, in the proceedings for giving and receiving bribes. The authors study the specific features of interrogating persons who entered into pre-trial cooperation agreements. The analysis of the pre-trial agreement on cooperation with persons who committed crimes of corruption made it possible to determine the circumstances under which such an agreement is possible. The authors examine the specific features of the goals of an investigation regarding a person who committed a crime and entered into such a cooperation agreement. They note that there are typical situations for the cases of giving and taking bribes when the citizens enter pre-trial agreements with the goal of reducing their responsibility. Some character traits of people who actively obstruct the investigation of a criminal case are described. In connection with them, the authors present typical cases when pre-trial agreements are impossible because the investigators are convinced that the perpetrator is actively obstructing the investigation. Thus, the introduction of a new procedural clause influenced the whole process of investigating crimes, for example, the reform of the subject and tactics of investigative actions, as well as the methodology of crime investigation. The introduction of a new procedure aimed at improving the quality of crime investigation made it necessary to introduce a new investigation goal, which is different from the primary goal in its focus and subject; to achieve this goal, the investigator should monitor how the accused observes the conditions of the pre-trial agreement. The authors specifically stress that it is necessary to determine and analyze the circumstances of cooperation between the person who committed a crime and the investigators.

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40

Galagan, Volodymyr, and Mykola Yakovenko. "Formation and Development of Investigation of Misdemeanours as a Form of Pre-trial Investigation in Ukraine (the 18th–19th Centuries)." NaUKMA Research Papers. Law 6 (February 15, 2021): 28–37. http://dx.doi.org/10.18523/2617-2607.2020.6.28-37.

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The article deals with the preconditions of differentiation of forms of pre-trial investigation in Ukraine in the 18th–19th centuries. The concept of investigation of misdemeanours as a form of pre-trial investigation at different stages of social development are considered. The base source of the Russian Empire is examined, with the aspects of using of the term “investigation of misdemeanours” in law enforcement practice thoroughly covered. It is established that this term at the legislative level and in the literary sources held for a long time is subject to transformation in terms of its functional direction. The paper offers a description of the study of the early stage of development and a comparison with the modern form of pre-trial investigation. It is established that at all stages of its development there is a common feature: the provision of a simplified order.The article presents the key differences between the knowledge at the early stage of its creation and the modern form of pre-trial investigation. However, the investigation of misdemeanours starts from the moment of the illegal act until the end of the pre-trial investigation. At first, this investigation of misdemeanours had few signs of research verification. The collected materials were examined by the proceedings and could not be determined by full evidence without appropriate “legalization” procedures. The investigation of misdemeanours had not clearly defined a procedural form and was not limited to specific deadlines, and depended almost entirely on the inner convictions of the individual who conducted this knowledge. In the legislation of the pre-revolutionary period, the investigation of misdemeanours should be carried out by a wide range of authorized persons (police ranks, military and civilian authorities, clergy, government officials, village elders, and others). The investigation of misdemeanours was carried out in everything without exception of crime, regardless of its severity at those times.It is proved that the modern model of pre-trial investigation represents the positive historical experience and the right opinion. Today we can observe a consistent procedure of the implementation of the exercise, a special circle of authorized persons, and the introduction of a balance of appropriate differentiation of forms of pre-trial investigation.

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Alshynbekova, A. "Initiation of pre-trial investigation in cases of kidnapping: essence and characteristics." Bulletin of the Innovative University of Eurasia 80, no. 4 (December 25, 2020): 49–55. http://dx.doi.org/10.37788/2020-4/49-55.

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In this article, the author examines the features of the pre-trial stage of the investigation in the investigation of kidnapping. The initial stage of the investigation consists of: starting a pre-trial investigation, conducting urgent investigative and procedural actions and attracting a person as a suspect. The initial stage of the investigation of a crime, including kidnapping, is crucial for the implementation of further qualitative and offensive investigation of criminal acts. The purpose of this article is to study the nature and features of the beginning of the pre-trial investigation of kidnapping. In the course of the study, the author used such methods of scientific research as: dialectical, system, method of qualitative and quantitative analysis, generalization and study of literary sources, comparative legal, historical-legal, system-structural and formal-logical methods, as well as the method of system analysis. Activities to identify signs of a crime must be considered through the prism of the beginning of a pre-trial investigation. Currently, the beginning of a pre-trial investigation, from the point of view of criminology, refers to very specific types of organizational activities at the initial stage of the investigation of a kidnapping. The detection and investigation of kidnappings is highly complex, requiring law enforcement officials to maintain strict secrecy. If there is a reason provided for by the criminal procedure law to start a pre-trial investigation, the investigator or an employee of the body of inquiry is obliged to establish the presence of sufficient data indicating signs of kidnapping. To do this, it is necessary to carefully study the content of the application, compare the available factual data. The beginning of a pre-trial investigation should not be an end in itself of the activities of the pre-trial investigation bodies. At the same time, their offensive and proactive work on all received facts, information and operational materials is extremely important, because it is the embodiment of the active position of the law enforcement system in the direction of preventing and suppressing possible illegal encroachments on personal freedom, including the suppression of those criminal actions that are in the stages of their preparation or beginning.

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42

Karimova, Dilrabo. "Socio-legal significance of interaction of bodies ofpre-trial proceedingsin disclosure and investigation of crimes." Общество и инновации 1, no. 3 (February 8, 2021): 98–106. http://dx.doi.org/10.47689/2181-1415-vol1-iss3-pp98-106.

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The author of the article reveals the socio-legal conditionality of implementation of interaction between the bodies of pre-trial proceedings in the activity of disclosing and investigating committed crimes. The urgency of studying the essence and meaning of this interaction is substantiated. The concept of interaction is considered from the point of view of different branches of knowledge. The opinions and views of domestic and foreign scientists regarding the concept and meaning of interaction, both a social phenomenon and a legal category, implying conscious, coordinated, joint and purposeful actions of bodies of pre-trial proceedings are analyzed. The author’s definition of the concept of interaction between the bodies of pre-trial proceedings is given. The author states the unsatisfactory state of interaction of the bodies of pre-trial proceedings, in particular, interrogators, investigators with the bodies carrying out pre-investigation checks and operational-search activity based on the sociological studies carried out on organization of activities for the disclosure, investigation of crimes and the search for persons hiding from the court and investigation. The author sees the solution to these problems in strengthening the effective measures of law enforcement agencies in combating crime, active and effective use of possibilities of criminal procedural and operational search activities.

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43

Fedorov, Aleksandr V. "The Origins of the Russian Investigation." Juridical world 12 (December 1, 2016): 34–39. http://dx.doi.org/10.18572/1811-1475-2016-12-34-39.

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The article is devoted to the organization of searching criminals and tracing of stolen property in the Russian state in X-XVII centuries. Particular attention is paid to such pre-trial proceedings as «persecution track» («gonenije sleda»), «annunciation» («zaklich») and «svod». Characterized by a circle of officials, involved in pre-trial proceedings in cases of crimes, as well as consider the change process indictment to investigative process.

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44

Krul, S. M. "Problems Of Using YERDR As A System Of Information Support For Pre-Trial Investigation Of Criminal Offenses." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 136–45. http://dx.doi.org/10.15330/apiclu.51.136-145.

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Practice shows that today law enforcement is increasingly a need to obtain and use information about objects that were in the scope of the investigation on a variety of information systems regardless of their departmental affiliation. Therefore, it is proper information and reference software is a prerequisite for success of the pre-trial investigation. Crime investigation, as a dynamic procedural activity, goes through separate stages and is a process of transition from the original procedural situations to the next. Such activities are not possible without proper information and inquiry support for the investigation of crimes. Analyzing this order, it should be noted that the YERDR structure includes a large number of records of persons for whom criminal proceedings have been opened, as well as persons who were interested persons (applicant, victim, etc.) of these proceedings. In connection with what we can attribute a single register of pre-trial investigations to the information-inquiry systems of pre-trial investigation bodies. Therefore, it can be concluded that the investigator conducting the direct investigation of criminal offenses is limited in information on other criminal offenses. As a result, investigators consider the ineffective use of YERDR in criminal investigations as information support. Therefore, we suggest that investigators, after reporting a suspected person, have access to information outside the criminal offenses that they are being investigated. In addition, the cases provided for by the law on state secrets. This paper analyzes the use «YERDR» criminal investigation body and along these lines is suggested to use a registry as providing information and help investigate crimes.

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45

Марочкин, Олексій Іванович, and Тетяна Євгенівна Дунаєва. "«Round table» «Respect for human rights during pre-trial investigation»." Herald of the Association of Criminal Law of Ukraine 1, no. 12 (December 30, 2019): 184–90. http://dx.doi.org/10.21564/2311-9640.2019.12.190432.

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46

Pohoriletska, A. V. "INTRODUCTION INFORMATION TECHNOLOGIES ON THE STAGE OF PRE-TRIAL INVESTIGATION." Juridical scientific and electronic journal, no. 5 (2020): 159–61. http://dx.doi.org/10.32782/2524-0374/2020-5/36.

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47

Navickienė, Žaneta. "Former and Current Concepts of the Pre-Trial Investigation Organization." Internal Security 5, no. 1 (June 28, 2013): 173–86. http://dx.doi.org/10.5604/20805268.1059482.

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48

Bilozorov, Ye V., and I. М. Yefimenko. "PROCEDURAL FEATURES OF PERSON'S DETENTION BEFORE THE PRE-TRIAL INVESTIGATION." Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, no. 3 (2020): 201–7. http://dx.doi.org/10.32838/tnu-2707-0581/2020.3/35.

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49

Soroka, S., and A. Kryzhanovskyi. "Protection of victim’s rights at the pre-trial investigation stage." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 2019, no. 23 (September 20, 2019): 114–21. http://dx.doi.org/10.23939/law2019.23.114.

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50

Shumeiko, Dmytro. "ON THE ISSUE OF IMPLEMENTATION OF SPECIAL PRE-TRIAL INVESTIGATION." Knowledge, Education, Law, Management 2, no. 4 (2020): 214–19. http://dx.doi.org/10.51647/kelm.2020.4.2.38.

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