THE SUSPENSION OF PRELIMINARY INVESTIGATION: LEGAL AND ENFORCEMENT PROBLEMS

Abstract

The article is devoted to theoretical and practical problems arising from the resolution on suspension of the preliminary investigation. Historical roots establishing the institute of preliminary investigation are determined, the optimum content of the grounds for the resolution on suspension of the preliminary investigation is identified. In particular, the author substantiates the possibility of suspending not only the preliminary investigation but also the inquiry. A proposition is made to expand the grounds for the suspension resolution by indicating that the suspect is not established. Special attention is paid to revealing the problems of proper registration of the resolution on suspension of the preliminary investigation. It is indicated that the document should not only contain a reference to the corresponding provision of the law, but specific circumstances, confirming this or that reason for suspension. The author concludes that more transparent legal regulation is required as far as the grounds and the order of suspension of the preliminary investigation is concerned. The legal act should contain a statement that not only the preliminary investigation shall be suspended but also an inquiry. It is advisable to expand the powers of the head of the inquiry agency, the chief of the interrogating department and the prosecutor supervising the investigation.