Problematic Issues of Allocating Materials for Pre-Trial Investigation Into Separate Proceedings

The article deals with the problematic issue of extracting the materials of the pre-trial investigation regarding unidentified persons (without notification of suspicion). The factual (material) grounds for separating pre-trial investigation materials into a separate proceeding, developed by domestic judicial practice, are highlighted. Information about the person who committed the offense has been included in a number of sub-legal requirements for the selection of pre-trial investigation materials in the part of maintaining the Unified Register of Pre-trial Investigations. Considerable attention is paid to the study of judicial practice regarding the assessment of the possibility of releasing the materials of the pre-trial investigation without prior notification of the suspicion to the person about whom the proceedings are released. It has been established that a formalized and procedurally formalized connection between the proceeding and the person who allegedly committed it is embedded at the legislative level in the basis of the institution of the separation of pre-trial investigation materials both in relation to the "mother" proceeding (the proceeding from which the materials are extracted) and in relation to the "subsidiary" proceedings (proceedings formed as a result of separation of materials). It was concluded that the criminal proceedings, from which the materials of the pre-trial investigation are to be separated (the "parent" criminal proceedings), must have an evidentially confirmed and formally established connection between the criminal offense and the person who is suspected of committing it, due to which the decision on the separation of pre-trial investigation materials becomes possible only after the person is notified of the suspicion. The judicial practice, which reflects a negative assessment of the separation of pre-trial investigation materials regarding unidentified persons ("by the fact"), is examined in detail. On the basis of the conducted research, it was concluded that the connection between a person and a committed criminal offense is recognized as a mandatory component of a separate criminal proceeding, and the absence of data on a person suspected of committing a criminal offense is perceived as a basis for recognizing the resolution on the selection of pre-trial investigation materials as illegal and as such, which is subject to cancellation.