Former and Current Concepts of the Pre-Trial Investigation Organization
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The article analyzes the concept and content of the pre-trial investigation organization. Based on the various approaches to the subject, the author compares former and current concepts of the pre-trial investigation organization. Despite the fact that an agreed approach to the elements of the pre-trial investigation organization has not been defined, the concept and content of this process is observable. The current changing content of the pre-trial investigation organization does not only include the elements of an organizational and technical character. The modern concept of the pre-trial investigation organization adopts a much wider approach — inherent in this process is a synthesis of multi-complex elements and these include key principles of modern management, educology, criminal procedure, and criminalistics. Therefore it is possible to predicate a coherence between the modern concept of the pre-trial investigation organization and indicators related to the quality of the pre-trial investigation organization — not only cooperation of the participants in the pre-trial investigation but also their competence and qualification. The aspects identified within the content of the modern concept of the pre-trial investigation organisation provide reasonable assumptions for the construction of a model of the organization of the pre-trial investigation. The creation and application of such a model may in the future have an adaptive nature, meaning that it would facilitate optimisation of the process of the pre-trial investigation organisation — organise work in pre-trial investigation units more effectively by means of cooperation, avoid conflict in the powers of pre-trial investigators and prosecutors, adjust the mechanism of determination of pre-trial investigation participants’ qualification and competence, characterised by a requirement for obligatory qualificats, and the primacy of professional activity.
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