Анотація

Procedural activity being implemented prior to the making entries on the criminal infraction into the Unified Register of Prejudicial Inquiries is designed not to state grounds prior to the start of inquiry, but «events advancing» to substantiate the facts of a criminal infraction by means of prejudicial inquiry since before its registration. Such «advancing» is conditioned by emergency circumstances. Since to establish grounds prior to the start of prejudicial inquiry by means of material resources of research it is prohibited by the law, so these grounds shall be «looked for» exceptionally in the primary sources on the actions, but not on the «criminal infraction». Statement of availability of grounds prior to the start of prejudicial inquiry shall immediately involve performance of legal proceedings. The research being implemented within this paper, allows to make such conclusions: 1) check of primary sources of data is performed only by logical (non-material) means of research; 2) grounds for start of prejudicial inquiry are a minimal necessity of cumulative evidence of criminal infraction and features of set of elements of criminal infraction in the action on which the information came; 3) provisions of the Criminal Procedural Code shall «be involved» when there are grounds for prejudicial inquiry; 4) it is reasonable to exclude from the procedural law a prohibition to perform procedural actions prior to making entries on criminal infraction into the Unified Register of Prejudicial Inquiries.

Keywords: prejudicial inquiry; criminal infraction; grounds; registration.