REGARDING THE ISSUE OF LEGAL REGULATION OF THE TERM OF INQUIRY

Abstract

The article is devoted to the study of the problem of legal regulation of the term of inquiry as a simplified form of pre-trial investigation of criminal offenses in the context of ensuring the principle of legal certainty. Discrepancies have been identified between certain provisions of criminal procedural law and the general time limits for preliminary investigations, manifested in their inconsistency with the time limits for the exercise of the prosecutor’s procedural powers at the stage of completion of the preliminary inquiry. Attention is drawn to the fact that the existing provisions of the current criminal procedural legislation do not contain a clear mechanism for coordinating the terms of inquiry with the terms necessary for the prosecutor to make decisions, which leads to ambiguity in the application of the law. It is stated that this situation does not contribute to procedural economy, the speed of pre-trial investigation, and the effectiveness of criminal proceedings in cases of criminal offenses, which contradicts the main purpose of preliminary investigation. It is noted that special rules should not contradict the general provisions of criminal procedural law and the principles of criminal proceedings. The need to amend and supplement criminal procedural law to regulate the provision that the time limits for the exercise of the prosecutor’s procedural powers cannot exceed the time limits for preliminary investigation is justified. It has been proven that the grounds for extending the term of preliminary investigation when the suspect does not admit guilt are abstract, have no specific content, and require legislative clarification. It has been established that in order to extend the period of preliminary investigation in cases where the suspect does not admit guilt, his specific behavior and his own position regarding the charges brought against him must be taken into account. It has been established that the ground of “the need to conduct additional investigative (search) actions” requires a clear definition, since in the absence of a unified approach, there is a risk of formal justification for extending the term of the investigation