Actual problems of the institute of criminal misdemeanours and practices of its application
DOI:
https://doi.org/10.15330/apiclu.65.1.22-1.30Keywords:
criminal process, criminal proceedings, pretrial investigation, inquiry, inquirer, criminal offense, criminal misdemeanorAbstract
In this article, based on the analysis of the norms of the current legislation and the current practice of its application, a number of theoretical problems and practical recommendations regarding the pre-trial investigation of criminal offenses in the form of inquiry, which are designed to improve the theory of the criminal process and the practical activities of law enforcement agencies, have been formed and substantiated.
The main goal of this publication is a comprehensive, scientific and doctrinal study of the current criminal procedural legislation of Ukraine, which regulates the criminal procedural activities of investigative bodies, analytical and critical analysis of all shortcomings, gaps and conflicts of the current legislation, in order to provide substantiated proposals and recommendations aimed at improvement criminal procedural legislation of Ukraine and the practice of its application.
The current criminal and criminal-procedural legislation of Ukraine was analyzed to establish the content and legal essence of the institute of criminal misdemeanors and investigation;
The concept and essence of the criminal-procedural activity of investigative bodies, their tasks, functions and powers in the criminal process are disclosed;
All shortcomings, gaps and conflicts of the current legislation of Ukraine, which hinder the effective activity of inquiry bodies, have been identified;
Proposals and recommendations on improving the legal framework to improve the effectiveness of regulation of criminal procedural activities of investigative bodies have been provided.
As a rule, the complex and most of the work in the fight against criminal offenses is entrusted to the bodies of inquiry, pre-trial investigation, the prosecutor’s office and the court. An important role in this field of activity is assigned to inquiry and pre-trial investigation. After all, the final success in the fight against crime depends on the efficiency of these bodies, the clear distribution of competences between them, their initiative and professional ability to build relationships correctly, on a business basis.