Keyword: «initiation of criminal proceedings»

The article is devoted to the historical aspect of the regulation of the start of proceedings in a criminal case in Russian legislation. The opinions of supporters and opponents of consolidation as an independent stage of initiating a criminal case were analyzed. The interpretation of this stage of proceedings given by the Constitutional Court of the Russian Federation is given.

The author investigates the causes and consequences of ambiguous, sometimes diametrically opposed, position of criminal procedural doctrine on the interpretation of meaning, put by the legislator in the possibility of removal during verification of the report of crime documents and objects, as well as a set of procedural means, permissible for its realization. The article formulates an author’s vision of eliminating the unlimited scope of interpretation established in a practice-oriented sphere by using the exception of search and seizure functions in the mechanism at the stage of initiation of criminal proceedings, not requiring judicial authorization.