THE IMPROVEMENT OF LEGISLATIVE REGULATION OF THE STAGE OF INITIATION OF A CRIMINAL CASE

Currently, there is the necessity of solving the problems caused by the stage of initiation of a criminal case and related to the impairment of the rights of citizens both of victims and suspected of commission of a crime. Introducing numerous and inconsistent changes to laws and regulations relating to the stage of initiation of a criminal case, the legislator created the prerequisites for scientific disputes about the goal of the pre-investigation check and its role in current criminal procedure. The paper reflects the historic periods of the formation of stages of initiating a criminal case starting from the Statute of Criminal Procedure of 1864 to the Criminal Procedure Code of the RSFSR of 1960 and analyzes the ideas of the authors of the concept of judicial reform in the RSFSR of the 24^th of October 1991. The paper shows the transformation of the initial stage of criminal procedure from the police injury as a part of the preliminary investigation into the independent stage of criminal procedure. The author considered the current state of the pre-investigation check institution, identified topical issues of legal precedents and the prerequisites of their rise. The author analyzed as well the opinions of the researchers concerning the problems of using data obtained by non-procedural methods as the facts of evidence and determined the positions of the researchers about the possible directions of development of the stages of initiating a criminal case. Based on the results of the study, the author concludes on the initial purpose of the institute of initiating a criminal case, identifies the topical issues peculiar for this stage of criminal procedure, and formulates the suggestions on the improvement of the stage of initiating a criminal case by changing the terms of preliminary check, correction of the quantity of means of perception and reinterpretation of the concept of grounds for initiation of a criminal case available on the considered stage.