On the necessity of criminal case instituting in present-day criminal proceedings in Russia

The article examines the issue whether the stage of institution of a criminal casesolves the tasks for the sake of which it has been provided by the criminal procedural legislation. The author points out that since theCriminal Procedural Code of the Russian Federation came into legal force, the norms, regulating both the procedure of instituting thecriminal case and the work of investigators, inquirers, agencies of inquiry and the heads of investigating authorities have been supplementedand altered nine times (The Amended Criminal Procedural Code of the Russian Federation of 07.12.2011). Meanwhile, the conclusionis drawn that the reform of the stage of instituting the criminal case does not have a systematic character. It is noted that theseparation of the stage of instituting the criminal case serves as an additional safeguard against arbitrary rule of authorized officials; itwas and still is explained by the necessity to react promptly to the information, covering the data about the features of a crime, to fixthese data at most, to create conditions for the effective investigation and disposal of a case in the court; the necessity to perform a legallyprotective function. In this connection the issue whether the stage of instituting a criminal case complies with the above tasks isunder consideration. The examination of current legislation and law enforcement practice shows that the present-day stage of institutionof a criminal case does not solve the set tasks. In view of the above the author comes to a conclusion about the necessity of reformingthe initial stage of criminal legal procedure, system changes of the criminal procedural law with due regard for foreign countries experience.

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