Collisions of Legal Regulation at the Stage of Initiating Legal Proceedings

Abstract

The paper features the issues of legal and applied character arising at the stage of initiating criminal cases. The issues in question may be eliminated only by amending criminal proceeding legislation. The paper considers possible ways of eliminating such collisions of legal regulation. The relevance and the practical importance of the questions considered here are caused, first of all, by the following circumstances. First of all, the special place which is taken by initiation of legal proceedings in the system of stages of criminal legal proceedings and a specific circle of the tasks solved at this stage of criminal procedure activity. Of note that the lawful and reasonable decision on initiation of legal proceedings depend on the completeness, time and accuracy of the inspection of the notice on a crime. At the same time, appropriate implementation of requirements about carrying out timely and high-quality verification of the arrived messages on the committed or preparing crimes in many respects depend not only on the qualification and conscientiousness of the officials who are carrying out the specified investigation verifications but also on a condition of standard and legal regulation of this activity. The analysis of a number of criminal procedure norms which is carried out in the present article in their correlation enables to come to the conclusion about the considerable number of contradictions in legal regulation of the activity of investigators at the stage of initiation of legal proceedings. The elimination of the contradictions by law enforcement officials, without making corresponding changes in the Code of Criminal Procedure of the Russian Federation deems impossible. Such cases concern the most various aspects, such as a very controversial list of bodies of inquiry which by the current legislation have been granted the right of producing the verifications of messages on crimes and the lack of legal possibility to exhume a corpse that excludes a possibility of its examination and, respectively, establishment of existence of the sufficient data indicating crime signs. It is obvious that such a situation actually deprives of an opportunity to make a reasonable decision on the initiation of legal proceedings even in the presence of grounded basis. This article is an attempt not only to draw attention to some of the existing collisions of the legal regulation at the stage of initiation of legal proceedings, but also to propose possible options of their elimination.