THE GROUNDS FOR ARRANGEMENT INQUIRY IN GENERAL MANNER: RELATIONS WITH THE LEGAL INSTITUTION OF ADDITIONAL INVESTIGATION

The article analyzes the grounds for conducting an inquiry in the general procedure, as well as their relations with the legal institutions for return of the criminal case for the purpose of additional investigation and return of the criminal case to the prosecutor in accordance with art. 237 of the Code of Criminal Procedure. The author comes to conclusion that the prosecutor’s decision to send a criminal case to conduct an inquiry in the general order is a structural element of the institution of additional inquiry. It is stated that the power of the court to decide on its own initiative about return of the criminal case to the prosecutor in accordance with Part 1.1 of Art. 237 of the Code of Criminal Procedure of the Russian Federation indicate the change of the initial essence of this institution.

inquiry in general manner, reduced form of inquiry, additional investigation, return of the criminal case to the Prosecutor, powers of prosecutor, sub-institution, formal legal truth, incompleteness of investigation, rationale of indictment of the thesis, subject of proof.

Trifonova K. A. The grounds for arrangement inquiry in general manner: relations with the legal institution of additional inverstigation // Business. Education. Law. Bulletin of Volgograd Business Institute. 2017. No. 2 (39). P. 246–250.