The ratio of criminal prosecution and preliminary investigation
During the period of reforms and the search for the most rational and effective construction of pre-trial proceedings that meet the requirements of competition, the issues of the correlation of criminal prosecution and preliminary investigation are becoming relevant again. The controversy is reinforced by the fact that the legislator in various articles of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation) uses a different basis for distinguishing these two concepts. The paper analyzes the available approaches, the provisions of the Criminal Procedure Code of the Russian Federation, which allowed us to conclude about various grounds for comparing criminal prosecution and preliminary investigation, affecting the length of time, subjects. The necessity of considering criminal prosecution in a broad aspect is substantiated, as the obligation to carry out incriminating activities on the part of state bodies aimed at implementing the norms of criminal law in terms of bringing to criminal responsibility. The preliminary investigation is only part of the criminal prosecution and is aimed at forming evidence sufficient for the subsequent fair resolution of the case by the judge. The development of such an approach and its consolidation at the legislative level will contribute to a more purposeful formulation of the goals of the preliminary investigation, a change in the existing approach to the main functions, a uniform interpretation of individual institutions of the criminal process.