ADVERSARIAL AND PROVING AT PRE-TRIAL INVESTIGATION DURING THE APPEAL AGAINST THE ACTION AND OMISSION TO ACT OF THE INVESTIGATOR OR PROSECUTOR AND CONSIDERATION OF THE CASE BY INVESTIGATIVE JUDGE

The article provides a general analysis of appeal against the action and omission to act of the investigator or procecutor. Procedure of submitting a claim against the action or omission to act to the investigative judge during pre-trial investigation has been analyzed, features of proving the facts that are set out in the compliant. Practical impact of adversarial principle on the procedure of considering the claim against decision, action or missions to act of pre-trial investigative bodies or prosecutor by the investigative judge has been deal.