Features and system of investigative actions

Close contactof tactical-criminalistic measures of investigation of a crime and investigative action makes questions of essence and features of investigativeaction, their system and types extremely topical. Despite the fact that these questions found reflection in works of famous scientists,nowadays, investigative action is one of the notions, which is still being discussed. In this article, different approaches to criteria ofseparation of investigative actions from criminal proceeding actions are described, in particular, broad and constricted versions of investigativeactions. It is noted that for constricted versions different points of views on the essence of investigative action have beenformed; it leads to naming different numbers of investigative actions. It is connected with the fact that operation of a single distinctivefeature of an investigative action - its cognitive character  does not allow a strict definition of a system of investigative actions. As acriterion of an investigative action a possibility of any criminal proceeding action itself is proposed, by means of applying cognitivemethods to it in order to find or check the evidence. In other words, an investigative action has a particular feature of direct influence ona material object with an aim of deriving evidentiary information. The existing discussions about attribution of any criminal proceedingaction to the investigative one are caused by the fact that legislator does not always point out the purpose of its applying; or instead ofpurpose, he names conditions, when it is possible to conduct this action, for instance, face-to face interrogation. The author is strict inthe view of attribution of such actions as apprehension of a suspect, reception of samples for comparative research, control and recordingof conversations, exhumation, reception of information about connection of telephone subscribers or devices to investigativeactions. All these actions have organizational, ensuring execution character of such actions as personal search, view of corpse, documentationview, prescription or forensic expertise. Ch. 24-27 of the Criminal Proceeding Code of the Russian Federation has data on executiveand efficient, securing character of some criminal proceeding actions, and special instructions, which regulate application of suchactions to such an investigative action as examination. Examination is held immediately after securing proceeding actions. It allowsgetting evidence as a result (P. 1 Art. 186 of the Criminal Proceeding Code of the Russian Federation). Consequently, when the definitionof an investigative action is given, it is necessary to say that it is a criminal proceeding action, executing of which directly, withoutproduction of any other investigative action, allows achieving new evidence or checking the already existing one.

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