IMPROVING THE APPLICATION OF THE MEANS AND MEASURES FORKEEPING SECRET THE PRE-TRIAL INVESTIGATION

Abstract

The article deals with the means and measures for preserving the secrecy of pre-trial investigation in view of the procedural form of the activities of pre-trial investigation bodies in modern conditions.

It has been determined that improvement of the preservation of the secrecy of pre-trial investigation requires the investigator, the prosecutor of deliberate work regarding the definition of the range of persons involved in the pre-trial inves- tigation process, avoiding cases of unreasonable involvement of the National Police staff or satisfaction of their curiosity as a state of investigation of criminal proceed- ings. It is imperative that an investigator should take into account the fact that a person may have his or her own interest, which in no way contributes to the reali- zation of the criminal justice tasks envisaged in Article 2 of the CPC of Ukraine.

It is revealed that the organization of labor, the arrangement of the workplace of the investigator, the prosecutor, which directly influences the possibility of preserving the secrecy of the pre-trial investigation, plays an important role. As a way out, we are proposing to reduce the number of criminal proceedings that can be investigated by one investigator by creating a filter with the restriction of the head of the pre-trial investigation body in the Unified Register of Pre-trial Investigations in the distribution of criminal proceedings against a particular investigator over a certain norm of proceedings. The directions of improvement of the secrecy of pre- trial investigation are given in view of the theory and practice of criminal procedur- al activity in the pre-trial investigation.

The tactical features of conducting investigative (search) actions are also sub- ject to improvement of investigative and prosecutorial activities. The systematic conduct of the same questioning by a witness creates the elements of automatism in the minds and actions of the investigator, the prosecutor, which may not always contribute to the completeness of the pre-trial investigation.