Review

The paper addresses the issues of formation and development of pre-trial investigation authorities into the Charter of criminal justice of 1864 and determined their place in the criminal procedural proving.It was found, that according to the Charter of criminal justice of1864 the activities of the preliminary investigation authorities carried out in the following ways: 1) inquiry; 2) preliminary investigation. Inquiry was conducted by a total police, the gendarmerie and officials of certain administrative agencies that are authorized to carry out police functions in certain sectors of public administration.Preliminary investigation carried out by a court investigator.

It was found, that although the activities of pre-trial investigation authorities in the form of the inquiry was closely associated with the activities of pre-trial investigation in the form of a preliminary investigation by the Charter of criminal justice, while the inquiry is substantially different from the previous investigation.The activities of the pre-trial investigation authorities in the form of the inquiry was a security nature with respect to the preliminary investigation.It is noted, that the pre-trial investigation according to the Charter for criminal justice to obtaining evidence had the right to apply measures of investigation – support measures in the task of criminal justice.

These measures were internal and external surveillance, interception of correspondence, undercover infiltration and provocation.In addition, pre-trial investigation authorities have the right to apply measures of criminal investigation: reviews face and things, publications in newspapers, rounds the lodging shelters;criminal prosecution of "hot pursuit " and use of data forensic accounting, verbal questioning (survey) and secret surveillance.

The author concludes that the one of the reasons for the inability to use the results of a search as evidence, obtained by the pre-trial investigation, in criminal proceedings was that the Charter of criminal justice is not defined the concept of evidence, despite the fact that several of his articles is determined the procedure of submission, evaluation ( Articles 103, 104, 1412, 159, 304, 308, 357-370, 371-376, 398-414, 630, 733-734 and others ).

Keywords: evidence; pre-trial investigation authorities; inquiry; preliminary investigation.