TAKING MEASURES TO ELIMINATE THE CIRCUMSTANCES THAT CONTRIBUTED TO THE COMMISSION OF THE CRIME

Veredas do Direito. 2026. Vol. 23. No. 16. Article 238493.

Barchukov V., Lapin V., Grinenko A. V., Smeshkova L. V., Ivanov D. A.

 

In the article, the authors consider issues related to the structure and content of the presentation, which is made by the investigator in order to eliminate the circumstances that contributed to the commission of a criminal offense. The authors have studied the experience of a number of post-Soviet countries, which in the current criminal procedure laws have provided provisions concerning the structure and content of the idea of eliminating the circumstances that contributed to the commission of a crime. It is proved that violation of the principles of legality, reasonableness and motivation can lead to the recognition of ideas about the elimination of circumstances that contributed to the commission of a crime as illegal. The authors conclude that the idea of eliminating the circumstances that contributed to the commission of a crime is a procedural document of an administrative nature, consisting of introductory, descriptive, motivational and resolute parts, issued by the head of the investigative body and the investigator in pre–trial criminal proceedings in order to eliminate these circumstances, sent to the authorized bodies organizations, as well as officials or other persons whose duty it is to eliminate the identified circumstances.

Keywords: prevention of crimes, pre-trial criminal proceedings, The Idea of Eliminating the Circumstances that Contributed to the Commission of a Crime, Investigator