Анотація

The article deals with the question of determining and systematizing the functions that the investigator implements during the pre-trial investigation. The additional arguments put forward earlier in the science of the criminal process are presented in favor of the fact that the criminal procedural activity of the investigator has a polyfunctional character; In the course of the activity the investigator implements both functions and dysfunctions; Avoiding a guilty person from criminal responsibility is not an investigator's dysfunction.      

The question of the functional structure of the criminal procedural activity of the investigator was the subject of research in the science of the criminal process for more than one century. However, the functions of the investigator were considered either as the main directions of his activity, which led to the allocation of a small number of functions (investigation, prosecution, decision of the criminal proceedings), or as functions considered all the activities of the investigator, including those that have no procedural, or In general, it is a legal, character (criminological function, educational function, etc.).

Meanwhile, the investigator's activities "collapse" into a large number of areas, some of which are basic, while others are auxiliary or indirect. The existence of certain areas of activity is sometimes not even recognized by the investigator. Particularly relevant is the consideration of the question of the functions of the investigator in connection with the fundamental reform of the criminal procedural legislation in 2012 and the practice of five years of its application by investigators. The above proves the existence of a scientific problem, the content of which consists in the absence of new scientific results that reflect the current state of the functional structure of the investigator.

The subject studied in this article is quite voluminous. For its complete elaboration it is expedient to carry out further research in the following areas: clarification of the issue of assigning a pre-trial investigation to the criminal procedural functions of other participants in criminal proceedings, in particular, the prosecutor, the officer of the operational unit and the detective; Investigating the role of investigating judge in the implementation of procedural functions in the stage of pre-trial investigation.

Key words: investigator, criminal procedural function, disfunction, criminal proceedings, pre-trial investigation.