A new look at models of pre-trial investigation based on information technology support

Abstract. In the article, based on the current legislation, new views on models of pre-trial investigation are considered. The article contains theoretical proposals for optimization and rationalization of pre-trial investigation as the main stage of pre-trial investigation in the criminal process of Ukraine based on the changes taking place in the conditions of digital transformation of society. Methodological bases of modeling of pre-trial investigation in criminal cases include the following criteria (elements) of individualization of the model: goals and tasks of pre-trial investigation; his place in the organization of criminal justice; the initial moment of investigation in a criminal case; structural construction of pre-trial investigation; organizational and legal status of bodies and officials who carry out this activity. It is noted that the crisis phenomena in the modern pre-trial investigation in criminal cases are caused by circumstances that, in turn, determine the need for reform: the construction of the pre-trial investigation is not fully correlated with the historical development and the convergence trends of accusatory and adversarial types of criminal proceedings; there is no unified approach of the state and the scientific community to determine the optimal structure of pre-trial investigation in criminal cases, which corresponds not only to the possibility of resisting the modern criminalization of society, but also stimulates further self-improvement; organizational and procedural contradictions between its forms are observed in the pre-trial investigation; confusion of the functions of criminal prosecution, detection and investigation of crimes, resolution of a criminal case and judicial control; competition of investigative and adversarial grounds at this stage of investigation in a criminal case. The pre-trial investigation with its tasks of establishing the circumstances of the committed crime, the written registration of all the evidence collected because of investigative actions, forms the investigative model of the criminal process. The content of the investigative model is related to the fact that the modern pre-trial investigation is based on written document circulation. The investigator plays the leading role.