Анотація

Based on the scientific analysis of the literature, the provisions of the Criminal Procedure Code of Ukraine 1960 and the Criminal Procedure Code of Ukraine 2012, the article examines the theoretical and practical problem issues initial phase of preliminary investigation, also invited the author’s vision of their solution. The author considers occasion and basis for the start of pre-trial investigation of criminal offenses. Under the occasion for the start of pre-trial investigation is proposed to understand – the сriminal procedure law act volitional actions of authorized addressed the subjects of criminal proceedings, or an act authorized entity aimed at the realization of its powers, that is legal fact, which resulted in criminal proceedings authorized entity receives information about the circumstances that may indicate a criminal offense, which is the basis for the formation of his inner convictions for making such information to the unified register of pre-trial investigations and the need for early pre-trial investigation. It was determined that the reason for the start of pre-trial investigation of criminal offenses: a) a statement of the circumstances that may indicate a criminal offense; b) notice of circumstances that may indicate a criminal offense; c) identify independent investigator or prosecutor from any source of circumstances that may indicate a criminal offense. It is noted that the basis for the beginning of pre-trial proceedings, there are circumstances that may indicate a criminal offense.

Keywords: criminal proceedings; pre-trial investigation; a criminal offense; occasion; basis.