THE COGNITIVE ACTIVITY OF THE INVESTIGATING JUDGE IN PROVING THE USE OF PREVENTIVE MEASURES IN CRIMINAL PROCEEDINGS

Abstract

The article is devoted to the consideration and analysis of the issue of the cognitive activity of the inves­tigating judge in proving the use of preventive measures in criminal proceedings. It is substantiated that the cognitive activity of an investigating judge is a necessary attribute for the adoption of legitimate, substantiated, reasoned and fair decisions on the application of preventive measures. The view was expressed that limiting the powers of an investigating judge by merely examining the evidence provided by the parties may lead to the formalities of judicial control and its inability to effectively ensure the observance of the rights, freedoms and legitimate interests of persons in criminal proceedings.