Institute of Inquest: Domestic and Global Practice

Abstract

The article examines the phenomenon of the institution of inquiry in Ukraine and in foreign countries. The concept of a criminal offense is considered. The current legislation in the context of the regulation of the institution of inquiry as a form of pre-trial investigation is analyzed.

In the conditions of the reformation of the criminal legislation, the study of the institute of inquiry is gaining more and more importance. Recently, the circle of persons authorized to carry out this process has been expanding. The institution of inquiry has undergone significant changes, but there are many debatable issues and misunderstandings when it comes to the procedure for conducting an inquiry. This, in turn, determines the relevance of the topic and the need for a thorough study of the legislative framework, analysis of problematic issues that arise in connection with this.

There are a lot of criminal misdemeanors that are investigated by investigative bodies. All of them are listed in the articles of the Criminal Code. These socially dangerous acts can be considered by the following bodies: the National Police, the Security Service, the State Bureau of Investigation, the National Anti-Corruption Bureau, etc. Such diversity allows to reduce the burden exclusively on the investigative units of the National Police of Ukraine. The opinion that the specifics of the pre-trial investigation, including the inquiry, is normatively fixed in the Criminal Procedure Code is argued.

The institute of inquiry in foreign countries is considered. A comparative characteristic was carried out. The key differences are highlighted, in particular, in France, the inquiry process does not require the drawing up of a separate procedural document, while in Hungary and Poland, a protocol scheme of the investigation is mandatory. The peculiarity of conducting an inquiry in Germany is noted, where the investigating policeman himself is interrogated as a witness in court. Attention is drawn to the functioning of pre-trial investigation in Austria, where the mentioned form is the only form of pre-trial investigation. The difference between the Polish inquiry and the domestic one is highlighted, where there are categories of citizens who are not subject to this form of pre-trial investigation. It is emphasized that Kazakhstan is a leader in this field, because there it is possible to consider a criminal offense in as many as 5 forms.

The necessity of analyzing foreign legislation for the effective functioning of one's state has been proven.