Problems of Legal Regulation of Initiation of Criminal Cases on Fraud

Purpose of the study. The rapid growth of fraud committed in recent years (26 % in 2023) indicates the need to improve the legal framework for the activities of preliminary investigation bodies. The article examines a number of current issues of legal regulation of proceedings at the stage of initiating a criminal case. Conclusions. Taking into account the objective need to legalize long pre-investigation check periods in fraud cases, where more than 30% of criminal cases are initiated in excess of the maximum period established by law, the authors propose to allow the prosecutor or the head of the investigative body of the constituent entity of the Russian Federation to extend the check at the stage of case initiation for a period of more than 30 days. The article considers the problem of production at the stage of initiation of a criminal case of a seizure required when checking reports of fraud. Noting the debatable nature of this issue, as well as the existence of contradictory judicial practice, the authors propose, firstly, to clarify the wording of Part 1 of Article 144 of the Criminal Procedure Code of the Russian Federation, including a seizure among the permitted investigative actions, and secondly, until the law is amended, to be guided by the position of the Supreme Court of the Russian Federation, set out in the resolution of August 25, 2017 No. 16-UD17-16, which substantiates the legality of this investigative action. The authors also draw attention to the need to unify the powers of the investigator and the inquiry officer to obtain information on accounts and deposits of individuals, since the need to promptly obtain information on money transfers, receipt of money from victims to specific individuals exists not only during the investigation of qualified fraud, but also in simple cases that fall under the jurisdiction of the inquiry authorities.