INQUIRY AS AN UNNECESSARY LINK IN THE DOMESTIC CRIMINAL PROCESS

The article deals with the problems of current situation of preliminary investigation. The redundancy of inquiry as an unnecessary link of domestic criminal process, copying the preliminary investigation, is substantiated. It is indicated that there is no advantage in the procedural form of inquiry justifying its continued existence. The attempt to introduce a simplified inquiry into the criminal process as a method of procedural economy was also not justified due to the problems of proof. The proposal to transfer the domestic model of preliminary investigation to the unspoken “police inquiry” with the full refusal of the preliminary investigation, as the defense and the injured were removed from the evidence in pre-trial proceedings was critisized. It was proposed to base a preliminary investigation on the combination of a non-procedural “police inquiry” with a preliminary investigation. At the same time, in cases of obvious crimes, with the consent of the participants in the case, it is possible to resolve the issue of transferring the case to court bypassing the investigation. In complex cases, upon the will of the victim or the defense, a preliminary investigation should be made based on the independence of an investigator.