Анотація

As the title implies the article describes that the concepts and categories of the underlying legal provisions that regulated criminal procedure legal relations marked drawbacks methodological, procedural, technical and legal, so that these rules and contradictory and false reflect detectable them phenomena that difficult to understand unsettled towards legal aspects and causes errors in the practice of law.

The analysis of these deficiencies discovered their causes and their consequences caused author proposed to make amend in the current legislation CPC, Constitution of Ukraine. Recommendations are given:

– based on the fact that the word "criminal" literally means "criminal", focuses on the inappropriateness of concepts "penal code", "Criminal Procedure Code", "criminal proceedings", "criminal charge" that contribute to the naming of "criminal" Procedure and other realities;

– grounds misunderstanding of the concepts "the beginning of the preliminary investigation" and "opening of criminal proceedings", which leads to misunderstanding of reason and opening criminal proceedings and the grounds for the start of the investigation;

– draws attention to the fact that if the CPC concept of "closure of criminal proceedings" is used often, the term "opening of criminal proceedings" in the general part not used at all, contrary to the rules of logic;

– highlights that that due to changes in the criminal justice paradigm in its structure no judicial investigation now, and then the term "preliminary inquiry", "preliminary investigations", "bodies of pre investigation" is devoid of logic.

– grounds that consideration of these proposals could contribute to bringing the norms that regulated the procedure for opening criminal proceedings and start an investigation in accordance with the rules of logic, coordination of the content and substance unsettled towards their relationships, and as a result – improvement of how content the CPC and practice.

Keywords: conceptual apparatus; criminal proceedings; pre-trial investigation; opening of criminal proceedings investigating.