On the need to regulate the legal right toappeal early pre-trial investigation
Review
The appeal could be considered as a way of struggle against abuse of power of the investigator and the prosecutor but in the case of unjustified prejudicial inquiry launch such method may not be useful.
The appeal of prejudicial inquiry launch is capable of blocking at all or delaying the process of establishment the circumstances in criminal offense considerably and therefore interfere the fast achievement of its goals.
Investigating judge who processes the complaint against the grounds of prejudicial inquiry launch does not have at his command the means of checking the availability of such grounds.
The certain amount of activity results can be appealed but not its launch. According to the Crim- inal Procedure Code 2012 such results at the moment of prejudicial inquiry launch usually does not happen. There will be no subject-matter of the dispute at the court session of processing of the com- plaint on prejudicial inquiry launch between the parties: the complainant (interested person) and the prosecution representative.
Prejudicial inquiry launches on an automatic (autodynamic) basis. But the beginning of all pro- ceedings which may limit the constitutional rights of citizens is not allowed on such basis. The reg- istration of information does not occurs as a result of summing up the criminal procedure activities (it has not started yet at this moment), but with the purpose of starting such activity in the form of prejudicial inquiry and inquest.
Keywords: prejudicial inquiry, primary source of information, inquiry launch, appeal, rights of inquiry participants.