To the discussion on the return of the protocol form of pre-trial preparation of materials

Relevance . The article presents a retrospective view of the specifics of the application of pre-trial preparation of materials in protocol form in the context of a long-term discussion about the advisability of its reintroduction as an independent accelerated procedure for investigating minor crimes with an uncomplicated composition, an attempt is made to answer the pressing questions of whether the institution of protocol form of pre-trial proceedings is in demand now and what guidelines should be followed when preparing a regulatory framework for its recreation in modern conditions. Purposes : to study the peculiarities of legislative regulation of the protocol form of pre-trial preparation of materials in a criminal case, to formulate mandatory conditions for the reintroduction of this institution into the system of domestic pre-trial proceedings. Objectives : analysis of legislative regulation and practice of applying pre-trial preparation of case materials; comparative analysis of author's approaches justifying the feasibility of reintroducing the protocol form of pre-trial investigation; determination of the preferred vector of development of legislation in the field of consolidation of accelerated procedures for investigating crimes of minor gravity committed in the conditions of evidence. Methodology . When writing the article, the method of legal modeling, as well as formal-logical, statistical, historical-legal, systemic and other methods were used. The results of the study contain theoretical provisions justifying the need to modernize the existing procedure for expedited proceedings in cases of minor and obvious crimes, taking into account the experience of using the protocol form of preparing materials in the Soviet period. Conclusion . The results of the study made it possible to identify the advantages and disadvantages of the protocol form of preparation of materials in comparison with the modern form of accelerated pre-trial investigation - inquiry in an abbreviated form ‒ and also to formulate general requirements for the development of a legal basis for recreating the proposed accelerated procedure for investigating uncomplicated and minor crimes.