CRITIQUE OF A PURPOSE OF CRIMINAL PROCEEDINGS INITIAL STAGE

This article discusses the purpose of initiating a criminal case, its transformation at the present stage, and the position of the authors of the Concept of judicial reform in the Russian Federation in 1991 on the discrepancy of this stage with the proposed transformations, which was continued in the Roadmap for further reform of the internal affairs bodies in the form of complete refusal from the institute of criminal proceedings. The author expresses a critical position regarding the unjustified growth of the criminal process at the legislative level of this stage by expanding the list of investigative actions allowed to be carried out as part of a pre-investigation check. According to the author, the initial stage of criminal proceedings ceased to fulfill the tasks for which it was created in the Soviet period, and, on the contrary, it was unjustifiably entrusted with solving the problems of subsequent stages of criminal proceedings. The article presents the current state of the stage of initiation of a criminal case, its relationship with the proceedings on administrative offenses and their relationship. The author comes to the conclusion that it is necessary to legislatively fix the purpose of initiating a criminal case in order to comply with the basic principles of criminal proceedings.

initiation of a criminal case, initial stages of a criminal process, refusal to initiate a criminal case, administrative case, criminal procedure legislation