After the accession of the investigator in case the police must carry out the instructions of the investigator to conduct investigative and search actions. Problems of judicial forms of inquiry Crime using procedural means by pre-trial stages of the process by inquiry and pretrial investigation. From that, as an organized activity of these bodies, and effectiveness depends on the fight. Today the legal regulation of activities of inquiry and preliminary investigation is unsatisfactory. As some experts believe, preliminary investigation must be conceptually replaced by pre-trial and in addition, the list of bodies entitled to exercise it, should be extended. First, in the context of the National Bureau of Investigation Ukraine, which according to the Decree of President of Ukraine from April 24, 1997 № 371/97 entrusted with preliminary investigation and, secondly, a similar function should be carried out by other bodies. Proponents of this position believe that "preliminary investigations" - a special kind of crime investigation, conducted by investigators Investigators of Interior, Security Service, Prosecutor's Office and the National Bureau of Investigation to court, but the court - in order to establish truth and promote court of criminal responsibility indeed guilty of crimes You must clearly define the purpose of reforming the inquiry and pretrial investigation. According to supporters of radical reform of the existing system in the direction of "preliminary investigation", which fundamentally differs from the preliminary investigation is necessary, first, scientific management and almost exclusion volume of production activity in the investigation of crimes in the form of inquiry and preliminary investigation Secondly, optimization organizational and procedural activities to improve the investigation of crimes that are within the jurisdiction of the inquiry. Thirdly, the release of investigative apparatus of investigation of acts that do not pose a danger or the obvious and not difficult to solve crimes, and the truth on the case. Fourth, intensify and strengthen the fight against crime on the basis of rational use of procedural tools. Thus, issues of procedural form of inquiry and resolve are put in the context of the reform of pre-trial investigation in general. In a growing crime problem further improvement of the investigative organs - the state of criminal justice - is of paramount importance for Ukraine. However, this is difficult and responsible task is solved ambiguously.
Some scholars and practitioners in favor of a single Investigative Committee.
Other - offer to establish courts of the Institute of Legal Investigators. Still others favor of maintaining the existing "institutional" pre-trial investigation. The debate became protracted. Uncertainty on this issue undermines the prestige of the investigation, leading to staff turnover, a negative effect on the results of investigative activities. Impressive proposal on the concentration of investigative work within the judiciary. This "structure" due to the lack of special research on the history of the development of pre-trial investigation. The archives are a lot of documents that undoubtedly point to the ineffectiveness of the institute judicial investigators, its devastating impact on the entire criminal justice system. Supporters of a single Investigative Committee believes that staff should meet investigator principles of unity and centralization. "Investigatory Committee must act in close liaison with the Ministry of Interior, Security Service, Prosecutor's Office and the National Bureau of Investigation Ukraine. His relationship with the Ministry of Interior, Security and UXO have defined the problem of quick and full disclosure of crimes, identification of persons who committed them, to establish the reasons and conditions that contributed to the crime. Solving these problems means operative-detective of Interior, Security, etc. should be based on written instructions of investigators, and if necessary - and appropriate instructions prosecutors' [9, c. 7].
The relationship between the prosecution and investigative committee should be based on general rules between the supervisor and all other pidnahlyadnymy bodies, with the only specificity that determines the need to oversee and guide the previous procedure of criminal cases by prosecutors as the center and at locations . Since according to Art. 121 of Constitution of Ukraine the prosecutor's office has no function preliminary investigation, the question arises about the body that could investigate on the one hand, particularly dangerous for the country's crimes, on the other hand, those criminal acts committed by officials of the entire law enforcement system and statesmen who hold a special public status in the three known branches of government as well as on regional and members of parliament. Such problems could be solved with specially created at the President of Ukraine National Bureau of Investigation.
As we consider world experience fighting crime, preserving evidence in favor of "corporate" organizational structure of the investigating authorities of Ukraine, acting on the basis of common goals and objectives, unity of procedural regulation and public prosecutions. It should proceed from the fact that in its totality "departmental" level investigators in any country is nothing like the only investigative organs. In our opinion, the government associated with improvement of investigative bodies should be directed to another line, in the improved level of cooperation and coordination between all the "departmental" investigative links both among themselves and with operational detective and other law enforcement divisions of Ukraine , expert institutions, NGOs, and to improve training and skills of investigators, their weapons achievements of modern science and technology. In other words, the central place should take the problem of reorganization of the investigation, a comprehensive improvement of the existing relationships with all staff investigating agencies that combat crime. Arguments in favor of retaining "institutional" investigation can continue. Thus, the analysis of official statistics on its work shows the same qualitative characteristics of the investigators of Interior, Security Service, prosecutors and tax police, the same proved their viability and refuted claims of skeptics about the low mobility of "departmental" organizational structure of pre-trial investigation, because the quality of the investigative unit is not depends on the type of legitimate authority in the structure of which it operates.
"The principle of a comprehensive poverty crime requires maximum use of all opportunities of each criminal justice in Ukraine. In this regard, only "departmental" structure and can be fully disclosed to potential investigative unit. It was here that he has the best chances for real interaction with all operational detective, technical and other structural link law enforcement agency. Based on this "mechanism" and perfectly knowing the nature and direction of its work, investigators are working very actively and effectively. The level of interaction with the "alien" law enforcement agencies may not be as tight and efficient. In "his" department liquidated unjustified gap in the unity of actions of all levels of law enforcement agency, working together to combat crime becomes the responsibility of, and interaction - the dominant work. In "his" department concentrated and powerful information sources, which allows the investigator to promptly and fully consult on offense, especially in the initial deployment period of investigation. The investigator has the ability to effectively monitor the actions of the accused and suspects, not to give them an opportunity to counter the truth "[13, c. 57-58].
Thus, the combination of investigative, operational and other law enforcement in one agency, using its potential to solve the issue of fighting crime in an integrated manner, to make it fully and objectively without recrimination, and optimizing individual investigation, keeping judicial resources, enhance the overall level of investigative activity. In the only investigation committee, and especially in the judiciary, by virtue of their specific organization's wide range of different units will never be developed, which significantly narrow the possibility of investigation in the field of proof, even with the use of traditional sources provided by criminal procedure law. The focus of investigation in the structure of many law enforcement agencies in the national procedural traditions, national practice of crime and sometimes justified. Over the decades, has developed an effective system of criminal jurisdiction and specialization preliminary investigation that provides a fast and competent investigation of criminal cases. Full compliance with specific investigative unit general law enforcement in the system which it operates, increases its efficiency. In addition, specialization enhances training of investigators, expanding opportunities for investigating the wide use of scientific and technical means. In other words, the deepening of specialization investigators, which is a prerequisite of their highly productive work, is closely linked with specialized nature of law enforcement to which they belong. Administrative inspec investigator apparatus Ukraine has scientifically based program of action, clearly defined legal authority and legal forms of activity. The negative impact on the outcome of its work is excluded entirely procedural autonomy and independence of the investigator, the regulation of each investigative action rules of criminal procedure law, unity of supervision of the observance of legality in the investigation of crimes, the prosecutor the right to submit the case from one investigator to another device.
"Even with economic and technical points of view departmental investigation has a significant advantage over" only "investigation, because fewer funds for its maintenance. It is optimal in structure, organizational excellence, procedural regime personnel, investigating powers up the machine. You must use all opportunities for further strengthening and improvement "[13, c. 58]. There is also no reason to spark new debate about the contents of the Constitution of Ukraine the term "preliminary investigations", to construct it as something that is different from the preliminary investigation [9, c. 6]. Putting this term the Constitution does not raise the question of changing the legal status of the investigator, but only specify specify the name of this important type of human activity. It should agree with S. Alpert, who believes that this and only this sense is seen introducing the legislation the term "preliminary investigations", which in terms of its content does, in fact, no different from the term "preliminary investigation". Speaking of "reforming" the investigation, we must remember that the investigating unit - a specific organization is sensitive to all sorts of "revolutionary" alterations that can destroy the whole basis of its normal functioning. That is why an organization called the state institutions must be built only on solid scientific grounds. The same applies to the development of inquiry.
3. DOSUDOVE investigation: investigative jurisdiction, TERMS
preliminary investigation criminal jurisdiction
Pre-trial investigation - criminal-procedural activity impaired by the investigator and admitted him to his criminal case proceedings, which has included in the collection, testing, inspection, assessment and use of evidence, establishing the objective truth , investigative proceedings and other proceedings and independent enforcement authority to protect the rights and interests of human, natural and legal persons, creating conditions for fair pravosudtsya. Pretrial investigation is investigating prosecutors, investigators rhansh Internal Affairs investigation of the tax police and investigators of the Security Service of Ukraine, preliminary investigations designed to solve or create conditions for further decision by the court most important task - to ensure fairness and all other objectives of criminal proceedings. Investigative jurisdiction - a set of statutory signs of criminal cases, according to which set specific investigatory authority competent provadzhuvaty preliminary investigations. There are substantive (the family), personal, alternative, territorial investigative jurisdiction and investigative jurisdiction over Communications Minister. Preliminary investigations in all cases, except in cases of crimes referred to in paragraph 1 of Article 27 and Article 425 of this Code, for which preliminary investigations in cases where a crime is a minor or a person who because of their physical or mental disabilities can not itself exercising their right to protection, and when it deems necessary or court prosecutor. Begin conducting pre-trial investigation is conducted only after the criminal case and in the manner prescribed by this Code. The investigator shall immediately proceed to the investigation proceedings initiated by him or in cases brought before it.
When it instituted the investigator and approved by him to his execution, it is the only decision to institute proceedings and taking her to his proceedings. In the case of self-referral had been raised earlier investigators shall render a separate decision on acceptance of self-referral. Copy of the adoption of self-referral investigator overnight sends prosecutor. Place conducting pre-trial investigation conducted in the area where the offense was committed. When the crime is unknown, as well as to the most rapid and complete investigation of his investigation may be conducted at the place of crime detection or location of the suspect, accused, or at home most of the witnesses or the prosecutor, by definition. Investigator, finding that the case he was not under investigation, must make all emergency actions, and then refer the case to the prosecutor to direct it to the investigative jurisdiction investigator may conduct investigations in other investigative areas and the right to authorize the conduct of these actions appropriate investigation or inquiry body who must perform this task in ten days. In the city or area, though divided into several stations investigation, the investigator shall personally carry out all investigations. Proceedings in the trial by several investigators if the investigation is particularly complex case charged with several investigators, the matter is stated in the ruling on institution of proceedings or submitted a separate statute. One of the investigators assigned a senior, he takes his case to the proceedings and directly controls the behavior of other investigators. Resolution appointing several investigators in the case declared the accused.
The pre-trial investigation in criminal cases must be completed within two months. During this period included the time since the initiation of proceedings before sending it to the prosecutor a guilty finding or decision to refer the case to the court to consider the application of forced medical measures or the closure or suspension of the proceedings. This period may be extended by the district, city prosecutor, a military prosecutor Army fleets, garrisons and equated the prosecutor failing to complete the investigation - to three months. In a particularly difficult period for pre-trial investigation established by part 1 of this article may be extended by the Prosecutor of the Autonomous Republic of Crimea, the regional prosecutor, the prosecutor of Kyiv, the military district attorney, Navy and equaled to the prosecutors or their deputies on the basis of a reasoned decision of the investigator - to six months. Further continuation of the pre-trial period can only in exceptional cases, Prosecutor General of Ukraine and his deputies. When returning a court case for doing further investigation and recovery term closed cases additional investigation determined prosecutor who oversees the investigation, within one month of acceptance of the proceedings. Further continuation of this term shall be on a general basis. These preliminary investigation can be declared only with the permission of the investigator or prosecutor and in the extent to which they recognize as possible. If necessary, the investigator warns witnesses, victim, civil plaintiff, civil defendant, counsel, experts, specialists, translators, witnesses and other persons present during the investigation proceedings, the duty not to divulge information without his permission preliminary investigation. Those responsible for pre-trial disclosure bear criminal responsibility under Article 387 of the Criminal Code of Ukraine. On the decision taken by the investigator or prosecutor during the pre-trial proceedings in cases referred to in this Code, and when it deems necessary investigator or prosecutor, is a reasoned decision. The resolution shall specify the place and time of its making, the officials, who shall rule, its name, the case in which the investigation is conducted, and justification of the decision, and article of this Code, under which the decision.