On criminal procedure and forensic understanding of purposes and aims of investigatory actions

Attention of scientists of criminal procedure and criminalistics to thecategory purpose and aim is determined by a circumstance that criminal procedure relates to such types of activity, for which it isactual to determine goal-setting. Correspondingly, the range of questions related to investigation of purposes and aims of searching andcognitive activity of investigating officer are the problems of purposes and aims of an investigative action as a form of realization oftactical-forensic means. Pressing questions of the forensic sciences are considered. Works of domestic and foreign researchers arebroadly used. The analysis of different approaches of some criminalists to the understanding of purposes and aims of an investigatoryaction allows concluding that they are considered within the criminal procedure doctrine. The position, according to which tactical characterof purposes and aims of a criminal action is emphasized, is viewed as more productive. At the same time, it is considered to bemore precise to talk about forensic purposes of an investigative action. It is predetermined by the necessity of a close linkage of thesesof different parts of criminalistics and the importance of accountancy that, in the end, theoretical-applied questions of forensic tactics aredirected at achieving the purposes and aims of criminal procedure, which are realized during the preliminary investigation and trial. It isnecessary to see that the criminal-remedial law does not contain instructions on the purpose of interrogation, identification, and appointmentof a judicial examination, except for examination which is among obligatory ones (Article 196, the Criminal Procedural Codeof the Russian Federation). However it does not mean that the remedial purpose of the investigatory actions named above cannot beallocated. It is speculative, proceeding from the maintenance of the corresponding positions mediating their manufacture. It is obviousthat in certain cases to define the purpose of an investigatory action it is necessary to operate not only the norm directly defining thecriminal-remedial order of its manufacture, but also the norm fixing the basic beginnings of criminal legal proceedings. It is necessary tonotice that the concept of the criminal-remedial purposes and problems of an investigatory action has methodological value for criminalistics,because the success of working out and application of tactic means depends on how precise the regulatory expression of targetingwas in domestic criminal legal proceedings. Accordingly, the categories of forensic purposes and problems will have an equal methodologicalvalue.

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