Specific Issues of the Beginning of Pre-Trial Investigation in the Form of Inquiry

The scientific article clarifies the essence of the stage of pre-trial investigation and provides its author's definition. Based on the analysis of scientists' opinions on the signs of the pre-trial investigation stage, the signs of inquiry as a stage of pre-trial investigation are determined, which are the tasks of inquiry, its participants, the beginning of this stage and its result. The reasons for the beginning of inquiry are analyzed. It is established that at the time of entering information into the ERDR during the inquiry is a probable qualification, not reliable, so it is not guaranteed whether the proceedings will be carried out in the form of criminal or criminal investigation, so the wording "To clarify the circumstances of a criminal offense to the Unified Register of pre-trial investigations may be. It is stated that the procedure for accepting, registering and verifying applications and notifications of criminal offenses by introducing appropriate amendments to the CPC of Ukraine needs to be regulated at the legislative level. It is seen that paragraph 4 of Part 3 of Art. 214 of the CPC of Ukraine, provides for a personal examination, however, what is a personal examination and what is the procedure for its conduct no other rule than provided for in the CPC. It was established that taking explanations from persons, conducting a medical examination, obtaining an expert opinion remained outside the legal regulation of procedural law, which is unacceptable for procedural sources of evidence, which they are in accordance with the provisions of Article 298-2 of the CPC of Ukraine. It is impossible to assess the admissibility or inadmissibility through the prism of the provisions of Articles 86, 87 of the CPC of Ukraine to take explanations from individuals, conduct a medical examination, obtain a specialist's opinion and exclude their use in proving criminal offenses in criminal proceedings. Based on this, the author's decision is proposed, by making appropriate changes to the CPC of Ukraine, in particular Article 214, by providing for the possibility of entering information into the ERDR not to select an explanation, but to conduct an interrogation; introduction of Articles 241-1 “Medical examination of a person” and Article 243-1 “Procedure for involving a specialist to obtain his opinion”