Review

This article reveals the basic procedural functions carried out by subjects of criminal procedure during the pretrial investigation. It is proved that the pretrial stage of the criminal process does not have an adversarial principle. Proposed exception investigator of the number of participants that relate to the prosecution and giving investigator of investigation function. Defined theoretical model of the functional structure of the pretrial investigation. It is noted that the investigator in the criminal proceedings should serve as an investigation, which is an objective investigation of the circumstances that are the subject of proof in criminal proceedings. It does not have to be representative of the prosecution as acting like a court, independent actors. According to the author, the functional structure of the preliminary investigation presented the following main functions: investigation; prosecution (prosecution); protection; judicial review. It is noted that the prospects for further scientific research in this direction, we see improvement in the functional structure of the pre-trial investigation; detailed analysis of the nature and content of each of the procedural functions in the light of new legislation; ensuring the balance of rights and obligations of participants pre-trial investigation, which have opposite procedural interests.

Keywords: pretrial investigation, the subjects of criminal procedure, the investigator, procedural function, charge, criminal prosecution, defense, judicial review.