Pretrial investigation
On closing the criminal case the police must inform interested persons, or send them a copy of the closure case. Features close a criminal case under paragraph 4 of Art. 6 CPC of Ukraine stated above. Decision to close a criminal case consists of the requirements of Articles 130, 214 CPC of Ukraine. The introduction states: location and time of its making, the officials, who shall rule, its name, the case in which the decision was. In the descriptive-reasoning part of defining all legally significant facts and circumstances set forth in the case, especially crime scene or act, who committed it, a qualification or other legal act of assessment, factual and legal grounds and motives of the case, procedural rules, which at that managed. The operative part must logically run out of descriptive-motivation part of the decision. It should say: The essence of the decisions to close the case, indicating the grounds the case and information on the person against whom the case is closed or the event details in connection with which the case has been infringed; § decision about the fate of evidence and property, which are arrested; § decision to cancel a preventive measure; § decision to cancel the arrest of postal and telegraph messages; § decision to cancel the arrest of deposits; § the decision to bring to the notice of termination of criminal proceedings stakeholders to clarify their rights to appeal this decision and to clarify law on rehabilitation of a person who was illegally brought to justice. If the investigation found evidence that require the application of disciplinary or civil or administrative penalty impact on a person who prytyahalas as defendant or to others, the investigator, closing the criminal case, bring those facts to the attention of the NGO friendly court of the staff or administration enterprise, institution or organization to take appropriate enforcement actions or send the case file to court for application of administrative penalties. Copy of resolution of the case is sent to the prosecutor, the person prytyahalasya criminal charges, the person on the statement which was a violation of the right and the victim and civil party. Pursuant to art. PPC 104 Ukraine for signs of crime is not serious, the police institute criminal proceedings and, following the rules of criminal procedure law, conducts investigation into identifying the person who committed it. Then the police, the Holding periods provided in clause 1 of Art. 108 CCP, is a resolution to refer the case investigator, submitted a prosecutor for approval. In case of violation of the inquiry body of serious crime, he must pass it to the investigator by the prosecutor after the implementation of urgent investigative actions within not more than 10 days (Part 2 of Art. 108 CCP). If in the case of a serious crime, given that the investigator does not have a person who committed it, the police continues to carry out operational-search actions and inform the investigator about their consequences.
After the accession of the investigator in case the police must carry out the instructions of the investigator to conduct investigative and search actions. Problems of judicial forms of inquiry Crime using procedural means by pre-trial stages of the process by inquiry and pretrial investigation. From that, as an organized activity of these bodies, and effectiveness depends on the fight. Today the legal regulation of activities of inquiry and preliminary investigation is unsatisfactory. As some experts believe, preliminary investigation must be conceptually replaced by pre-trial and in addition, the list of bodies entitled to exercise it, should be extended. First, in the context of the National Bureau of Investigation Ukraine, which according to the Decree of President of Ukraine from April 24, 1997 № 371/97 entrusted with preliminary investigation and, secondly, a similar function should be carried out by other bodies. Proponents of this position believe that "preliminary investigations" - a special kind of crime investigation, conducted by investigators Investigators of Interior, Security Service, Prosecutor's Office and the National Bureau of Investigation to court, but the court - in order to establish truth and promote court of criminal responsibility indeed guilty of crimes You must clearly define the purpose of reforming the inquiry and pretrial investigation. According to supporters of radical reform of the existing system in the direction of "preliminary investigation", which fundamentally differs from the preliminary investigation is necessary, first, scientific management and almost exclusion volume of production activity in the investigation of crimes in the form of inquiry and preliminary investigation Secondly, optimization organizational and procedural activities to improve the investigation of crimes that are within the jurisdiction of the inquiry. Thirdly, the release of investigative apparatus of investigation of acts that do not pose a danger or the obvious and not difficult to solve crimes, and the truth on the case. Fourth, intensify and strengthen the fight against crime on the basis of rational use of procedural tools. Thus, issues of procedural form of inquiry and resolve are put in the context of the reform of pre-trial investigation in general. In a growing crime problem further improvement of the investigative organs - the state of criminal justice - is of paramount importance for Ukraine. However, this is difficult and responsible task is solved ambiguously.
Some scholars and practitioners in favor of a single Investigative Committee.
Other - offer to establish courts of the Institute of Legal Investigators. Still others favor of maintaining the existing "institutional" pre-trial investigation. The debate became protracted. Uncertainty on this issue undermines the prestige of the investigation, leading to staff turnover, a negative effect on the results of investigative activities. Impressive proposal on the concentration of investigative work within the judiciary. This "structure" due to the lack of special research on the history of the development of pre-trial investigation. The archives are a lot of documents that undoubtedly point to the ineffectiveness of the institute judicial investigators, its devastating impact on the entire criminal justice system. Supporters of a single Investigative Committee believes that staff should meet investigator principles of unity and centralization. "Investigatory Committee must act in close liaison with the Ministry of Interior, Security Service, Prosecutor's Office and the National Bureau of Investigation Ukraine. His relationship with the Ministry of Interior, Security and UXO have defined the problem of quick and full disclosure of crimes, identification of persons who committed them, to establish the reasons and conditions that contributed to the crime. Solving these problems means operative-detective of Interior, Security, etc. should be based on written instructions of investigators, and if necessary - and appropriate instructions prosecutors' [9, c. 7].
The relationship between the prosecution and investigative committee should be based on general rules between the supervisor and all other pidnahlyadnymy bodies, with the only specificity that determines the need to oversee and guide the previous procedure of criminal cases by prosecutors as the center and at locations . Since according to Art. 121 of Constitution of Ukraine the prosecutor's office has no function preliminary investigation, the question arises about the body that could investigate on the one hand, particularly dangerous for the country's crimes, on the other hand, those criminal acts committed by officials of the entire law enforcement system and statesmen who hold a special public status in the three known branches of government as well as on regional and members of parliament. Such problems could be solved with specially created at the President of Ukraine National Bureau of Investigation.
As we consider world experience fighting crime, preserving evidence in favor of "corporate" organizational structure of the investigating authorities of Ukraine, acting on the basis of common goals and objectives, unity of procedural regulation and public prosecutions. It should proceed from the fact that in its totality "departmental" level investigators in any country is nothing like the only investigative organs. In our opinion, the government associated with improvement of investigative bodies should be directed to another line, in the improved level of cooperation and coordination between all the "departmental" investigative links both among themselves and with operational detective and other law enforcement divisions of Ukraine , expert institutions, NGOs, and to improve training and skills of investigators, their weapons achievements of modern science and technology. In other words, the central place should take the problem of reorganization of the investigation, a comprehensive improvement of the existing relationships with all staff investigating agencies that combat crime. Arguments in favor of retaining "institutional" investigation can continue. Thus, the analysis of official statistics on its work shows the same qualitative characteristics of the investigators of Interior, Security Service, prosecutors and tax police, the same proved their viability and refuted claims of skeptics about the low mobility of "departmental" organizational structure of pre-trial investigation, because the quality of the investigative unit is not depends on the type of legitimate authority in the structure of which it operates.
"The principle of a comprehensive poverty crime requires maximum use of all opportunities of each criminal justice in Ukraine. In this regard, only "departmental" structure and can be fully disclosed to potential investigative unit. It was here that he has the best chances for real interaction with all operational detective, technical and other structural link law enforcement agency. Based on this "mechanism" and perfectly knowing the nature and direction of its work, investigators are working very actively and effectively. The level of interaction with the "alien" law enforcement agencies may not be as tight and efficient. In "his" department liquidated unjustified gap in the unity of actions of all levels of law enforcement agency, working together to combat crime becomes the responsibility of, and interaction - the dominant work. In "his" department concentrated and powerful information sources, which allows the investigator to promptly and fully consult on offense, especially in the initial deployment period of investigation. The investigator has the ability to effectively monitor the actions of the accused and suspects, not to give them an opportunity to counter the truth "[13, c. 57-58].
Thus, the combination of investigative, operational and other law enforcement in one agency, using its potential to solve the issue of fighting crime in an integrated manner, to make it fully and objectively without recrimination, and optimizing individual investigation, keeping judicial resources, enhance the overall level of investigative activity. In the only investigation committee, and especially in the judiciary, by virtue of their specific organization's wide range of different units will never be developed, which significantly narrow the possibility of investigation in the field of proof, even with the use of traditional sources provided by criminal procedure law. The focus of investigation in the structure of many law enforcement agencies in the national procedural traditions, national practice of crime and sometimes justified. Over the decades, has developed an effective system of criminal jurisdiction and specialization