Novels of reforming inspection reporting crime: problems and ways of improving the implementation

Reform of the criminal procedure provisions, the transformation of the Institute of the screening reports of crime has led to a change in the legal status of participants in criminal proceedings, from both the defense and the prosecution. The realities of modern life and the possibility of judicial and investigative practice it possible to evaluate the effectiveness of the changes, emphasized the urgency of the problem and demanded analysis produced stories that acted as the purpose of the study. Using logic, legalistic, comparative legal and other methods of study, the authors argue that the possibility of giving explanations of persons engaged in preliminary check reports of crimes, the legislator has not fixed the remedial order production of the action, although obliged persons exercising their right to explain and obligations of parties to the criminal proceedings (Art. 11, Art. 144 Code of Criminal Procedure). Were not fixed and procedural status of participants in the stage of initiation of criminal proceedings, whereby individuals to pre-screen, have to be guided by the general principles of criminal justice and his inner conviction. Position h. 1, Art. 144 Code of Criminal Procedure, which regulates the ability of persons carrying out inspection reports of crimes, take samples, objects and documents in the manner prescribed by the criminal procedure law, in the course of its broad interpretation, allows a range of investigative actions, in which the possibility of withdrawal of samples of substances and items admissible before a criminal case, except to include the survey and inspection of the scene, objects and documents such investigations as search and seizure, however, the analysis of specific rules governing the procedure and the characteristics of their production, inhibits the production of search and seizure to criminal prosecution. Notwithstanding the provisions h. 1, Art. 144 Code of Criminal Procedure, allowing the possibility of production of stationary forensic and forensic psychiatric examinations prior to the initiation of criminal proceedings, the authors consider them to be impossible and unacceptable conduct, based on the specific objectives of the screening reports of crime, lack of data on the identity, uncertainty procedural status of the subject, Current timing and other steps. The study authors concluded that determines its scientific novelty, according to which an increase in the number of investigative activities carried out at the stage of a criminal case, the legislator allowed to "break" the stereotype had exceptional opportunities of their production system by fixing the investigative activities carried out at this stage to general rule. Moreover, hasty innovations weak procedural regimentation of several of them, indicating the weakening of procedural guarantees participants in criminal proceedings, the uncertainty of their procedural status at the stage of a criminal case and the establishment of the legislator prerequisites for possible violations of individual rights.

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