Issues Related to Commencement of Pre-Trial Investigation

Abstract

The article investigates the relevant problems of the commencement of pre-trial investigation. The focus is placed on the need to improve the legal regulation of the beginning of preliminary investigation to determine the procedure for acceptance of statements and notices about criminal offenses, forms of procedural decision on commencement of pre-trial investigation, determination of deadlines and procedural means for verification of a statement or notice on a criminal offense. The need to complement the Code of Procedural Law of Ukraine with Article 2131, «Procedure of accepting the statements and notices on criminal offenses and their verification», which should secure the provision that the individuals or legal entities shall be entitled to inform the investigator or authorized officer about the committed criminal offense in writing, orally or otherwise, was substantiated. The attention is drawn to the need for legal regulation of the procedural form of notifying the applicant about criminal responsibility under Article 383 of the Criminal Code of Ukraine. The criminal procedural law does not clearly specify the procedural means of verifying the statements or notices on criminal offenses. It is proposed to supplement the Code of Procedural Law of Ukraine with a provision as follows, «When it is required to verify a statement or a notice before entering the data into the Unified Registry of Pre-Trial Investigations, the verification shall be carried out by the investigator or prosecutor within ten days by receipt of explanations from individuals or officials, requisitioning of required information and documents». It is proven that any resolution of the investigator or prosecutor, including on introduction of information into the Unified Registry of Pre-Trial Investigations, must be reasonable, substantiated and accepted in the form of a relevant resolution.