Urgent investigative actions: a theoretical and applied approach

The subject of the research is the theoretical and practical aspects of the institution of urgent investigative actions in the Russian criminal proceedings. The definition of the term "urgent investigative actions", presented in Paragraph 19 of Prticle 5 of the RF Code of Criminal Procedure, is not formulated in full accordance with the interrelated norms governing the activities of subjects of investigation in this procedural regime, which causes various problems of law enforcement. In order to carry out a systematic analysis of the alleged problems, the author made a brief excursion into the regulation of the institution according to the previous criminal procedure law, considered the modern version of the rules governing the procedural regime of urgent investigative actions, different views of researchers, as well as addressed the empirical analysis of criminal cases in which the regime of urgent investigative actions was implemented and the intervention of subjects of investigation. Recognizing the general modification of the institution of urgent investigative actions accepted by the legislator as positive, the author comes to a conclusion that the definition of the concept "urgent investigative actions" provided in Paragraph 19 of Article 5 of the Criminal Code of the Russian Federation displays an extremely narrow, unilateral approach to the understanding of the bases of initiation of the mode of urgent investigative actions, leaving behind other, not less weighty bases for such actions are limited to the regime of a procedural reaction of a body of inquiry to a crime demanding preliminary investigation in the form of investigation. In addition, not only the content of the institution, but also the name of the term "urgent investigative actions" in the meaning of a specific procedural regime of crime investigation require expansion. As a result of consideration of the specified problems, the author's formulation of the definition of the concept "urgent investigative and other procedural actions" in the form of the draft of Paragraph 19 of Article 5 of the RF Code of Criminal Procedure is offered: "urgent investigative and other procedural actions are investigative and other procedural actions carried out by the investigator, a body of inquiry, the investigator, the head of an investigative body after the initiation of a criminal case about a crime that is not part of, by the general rule, its substantive, territorial and personal jurisdiction, in cases requiring immediate procedural response, if the change of time of investigative and other procedural actions in connection with the transfer of criminal proceedings in accordance with the jurisdiction will contribute to the disappearance, loss, falsification of evidentiary information and (or) concealment of the person who committed the crime from investigation and court".

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