In the dissertation, based on a critical analysis of the provisions of criminal procedure theory, current legislation, and law enforcement practice, conclusions of a conceptual nature are formulated, which make it possible to solve a number of applied problems related to the implementation of the investigator's procedural powers in criminal proceedings. The current state of research on the issue and the genesis of the normative and legal framework of the procedural status of the investigator in the criminal process of Ukraine are clarified. Scientific approaches to defining the concept and structure of the procedural status of this subject of the prosecution side are systematized. The structural elements of the procedural status of the investigator in the criminal process are characterized, namely functions and tasks; competence and powers; guarantees and responsibilities. Problematic issues of the legal regulation of the procedural status of the investigator in the criminal process of Ukraine under martial law are identified, and the ways to resolve and improve them are proposed.
A conceptual approach are substantiated regarding the procedural inequality of the status of a detective-operational officer and a detective-investigator, which is confirmed the urgent need to regulate procedural norms by expanding, in particular, the powers of a detective-operational officer, as well as granting investigators the right to independently initiate operative-search measures.
The legal regulation of the procedural status of an investigator in the criminal process under martial law are disclosed, namely: at the beginning of the pre-trial investigation; during the application of measures to ensure criminal proceedings; during the conduct of investigative (search) and other procedural actions, in terms of recording criminal proceedings, during the preparation and submission of the indictment to the court, restoration of lost materials of criminal proceedings; in criminal proceedings concerning minors. In particular, the expansion of the independence and autonomy of investigators are scientifically substantiated in terms of making decisions regarding the examination of a person (Article 241 of the Criminal Procedure Code of Ukraine), determining the location of a radio-electronic device (Article 268 of the Criminal Procedure Code of Ukraine), visual observation of a person in publicly accessible places (Article 269 of the Criminal Procedure Code of Ukraine); independent application of certain measures to ensure criminal proceedings (personal obligation, summons, temporary access to things and documents); conducting an examination under martial law without the prosecutor's permission, with subsequent notification of the prosecutor within 24 hours; establishing the procedure for recording the results of temporary access to things and documents for both the investigator and the defense counsel or the victim's representative, exclusively in the protocol, to which a description of the seized items and documents may be attached as an appendix.
Keywords: investigator, pre-trial investigation bodies, investigative units, criminal procedural status, criminal proceedings, powers, duties, guarantees, investigative (search) actions, martial law.
