Modern approaches to the organization of pre-trial investigation: criminalistics aspect

The article is devoted to a substantive consideration of the issues related to the definition of modern approaches to the organization of pre-trial investigation. The controversial nature of this issue necessitates systematization of theoretical provisions and clarification of definitions of the organization of pre-trial investigation, taking into account the doctrinal provisions of criminalistics. The author summarizes scientific approaches to understanding the organization of pre-trial investigation through the formation of a list of organizational measures and the construction of a definition as a systemic scientific category. It is stated that in modern criminalistics there are two approaches to disclosing the essence of the organization of criminal investigation. The list of measures included in the content of the organization of investigation is highlighted. The author emphasizes the existence of four levels of organization of crime investigation (top, managerial, methodological, tactical), which forms the theoretical basis for disclosing the essential features of such activities. It is noted that the scientific literature often allows mixing measures of different levels of organization of pre-trial investigation, as well as the organization of investigation itself with the scientific organization of investigator’s work, which leads to inconsistency in addressing the outlined issues. The author reviews the scientific views within which the organization of pre-trial investigation is reduced to a list of investigator’s actions, such as planning, interaction with operational units, technical support, participation of specialists, etc. It is noted that in many cases, such approaches do not take into account the division at the organization level, and sometimes include activities which are beyond the investigator’s competence. It is stated that the immediate task of the organization is to streamline the individual actions which make up the investigation. An attempt is made to structure the concept of investigation organization by methodological and tactical levels, and the author substantiates the inexpediency of combining them within a single definition. The author emphasizes the expediency of clearly distinguishing between the methodological and tactical levels of organization when developing scientific recommendations, and also the need to clarify the boundaries and tasks of each of them. It is noted that the results obtained open up prospects for further development of the science of criminalistics and further research in this area.