CONDITIONS OF TERMINATION OF PRE-TRIAL INVESTIGATION

Abstract

The purpose of the article is to study the conditions for termination the pre-trial investigation.The methodological basis of the research is general scientific and special legal methods, in particulardialectical, analysis, generalization, structural-functional, hermeneutic, dogmatic.The results. In the article, based on the analysis of criminal procedural regulation and the study of law enforcementmaterials, a scientific investigation of the conditions for termination the pre-trial investigation was carried out.It states that the conditions for termination a pre-trial investigation are prescriptions of the criminalprocedural law, which oblige an authorized official to take appropriate procedural actions and make proceduraldecisions or to establish the presence of certain legal facts before issuing a decision to terminate a pre-trialinvestigation. It is claimed that the conditions for termination the pre-trial investigation are divided into two groups – general and separate. General apply to all grounds for termination a pre-trial investigation, while individual ones apply only to individual ones. General conditions for termination a pre-trial investigation include: proof of a criminal offense; notification to a person of suspicion; establishment of the absence of circumstances leading to the closure of criminal proceedings; execution of those investigative (search) and other procedural actions, which can be carried out in the absence of the suspect; taking measures to preserve evidence; taking measures to ensure a civil lawsuit and possible confiscation of property, special confiscation; making a decision to stop the pre-trial investigation only by an authorized official; entering information about the suspension of the pre-trial investigation into the Unified Register of Pre-trial Investigations; sending a copy of the resolution on termination the pre-trial investigation to the defense party, the victim and the representative of the legal entity against which the criminal proceedings are being conducted, with an explanation of the right to appeal it to the investigating judge. It is substantiated that the separate conditions for termination the pre-trial investigation follow from the content of the specific grounds for the stop. At the same time, in contrast to the general conditions, the individual conditions also include establishing the presence of certain legal facts. Conclusions. The conditions for termination the pre-trial investigation are an integral element of the procedural form of this criminal procedural institution. Their implementation ensures the legality and reasonableness of the decision to terminate, compliance with the rights and legitimate interests of the suspect, the victim, the representative of the legal entity against which criminal proceedings are being conducted, the civil plaintiff, as well as the effectiveness of criminal procedural activities after the resumption of the pre-trial investigation.