This manuscript, based on a comprehensive analysis of legal theory, criminal
procedure theory, administrative law, and legislative documents, examines the legal
status of the investigator in Ukraine. It develops new research findings that address
significant legal issues within the field of law. It demonstrates that investigative
activities have a dual legal nature, being both part of the criminal process and an
element of law enforcement at a higher level. The investigator’s legal status is
influenced by socio-political relationships and is defined as a component of the
judicial, administrative, and law enforcement systems.
It has been demonstrated that investigative activities have a dual legal nature:
on one hand, they are part of the criminal process, alongside the activities of the
court and prosecutor’s office, and on the other hand, they are an element of law
enforcement at a higher level. The legal status of the investigator depends on the
socio-political relationships within which they operate and is defined as a component
of the judicial, administrative, and law enforcement systems. Its elements include
the legal framework for procedural activities as determined by legislation, the
organization of professional activities, and the independent procedural position
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during the pre-trial investigation. It is emphasized that the investigator plays a
primary role in the pre-trial investigation bodies, where they serve, which determines
their legal duties and rights as established by procedural and special legal norms of
service law. The significant importance of legal provisions regarding the appeal of
investigators’ decisions and their responsibility for essential professional errors or
abuse of the powers granted to them is highlighted.
It is clarified that the philosophical, legal, and juridical foundations of the
investigator’s legal status define them as public officials within the judiciary, with
activities aimed at ensuring justice, efficiency, and legality in pre-trial
investigations. The investigator’s main tasks include conducting pre-trial
investigations, where they serve as the principal official. Their legal status requires
them to possess higher legal education, meet professional and moral criteria set by
law, and maintain independence in procedural actions, except in cases of
prosecutorial oversight. The investigator’s key role is to restore the foundations of
"freedom" for individuals who have committed offenses through objective
investigations that provide the court with reliable evidence, thereby facilitating fair
punishment for the accused.
Keywords: criminal offense, criminal procedure, discipline and legality,
foreign and international experience, law enforcement body and investigation
division, legal characteristics, military status, National Police, powers, pre-trial
investigation, principles, procedural status and service, public security, safety and
defense, structure, support.
