Kolosov N.F., Solovyova N.A. The Formation of Modern Approaches to Determining the Essence and Content of the Preliminary Investigation Stage
DOI: https://doi.org/10.15688/lc.jvolsu.2023.4.18
Nikolay F. Kolosov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Law, Criminal Procedure and Criminalistics, Volgograd Institute of Management, a branch of the Russian Presidential Academy of National Economy and Public Administration, Gagarina St, 8, 400066 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-5657-8560
Natalia A. Solovyova, Candidate of Sciences (Jurisprudence), Associate Professor, Head of Department of Procedural Law and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9698-0845
Introduction. In numerous works of modern scientists dealing with the forms of preliminary investigation, despite the sufficient elaboration and interest in the topic under consideration, there is no uniform interpretation of the signs of this stage, which significantly complicates the law enforcement activities of law enforcement officers and may jeopardize the observance of the procedural rights and freedoms of the suspect (accused) and the victim. The purpose of the study was to develop conceptual proposals for improving the criminal procedure legislation in terms of regulating the preliminary investigation in the system of stages of the criminal process. To achieve this goal, modern approaches are considered, ranging from defining a preliminary investigation as a stage of preliminary proceedings to recognizing its exclusivity. Research objectives. To characterize the current positions of scientists, processualists, and practitioners regarding the definition of the essence and content of the preliminary investigation as a stage of the criminal process and its forms as content filling, and to identify promising areas for improving the domestic legislation, including taking into account the experience of the development of the criminal procedure legislation of the post-Soviet states. Methods. The methodological framework for the study consists of the general scientific methods (dialectical, systemic, structural-functional, logical, etc.) and the specific scientific methods (formal legal, comparative law, etc.). Results. The combined position on the essence of the preliminary investigation seems to be the most accurate and correct with regard to the general principles of judicial proceedings. The conclusion is made about the special position of the preliminary investigation as the main “source” of evidentiary information for further consideration of the case in court on its merits.
Key words: criminal proceedings, preliminary investigation, prejudicial inquiry, inquiry, collection of evidence, admissible evidence.
Citation. Kolosov N.F., Solovyova N.A. The Formation of Modern Approaches to Determining the Essence and Content of the Preliminary Investigation Stage. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 4, pp. 138-143. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.4.18
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