The article examines the theoretical and legal construction of such a stage of the investigation of an offense as its fixation. It is noted that the investigation of an offense is a procedural component of the mechanism for the implementation of legal responsibility. Attention is paid to the theoretical understanding of the activity of investigating an offense and the step-by-step nature of such a process is justified. It is with the help of a procedural investigation that legal responsibility is further developed. The analysis of the procedural legislation and scientific theoretical and legal research in the field under consideration allowed us to determine the legal grounds for investigating an offense, which are: a) the commission of an offense (a legal fact); b) the receipt and recording of the offense in a legal manner. This approach allowed us to determine the role and place of fixing the offense in the process of its investigation. At the same time, it is noted that the significance of fixing an offense is that it is at this stage that the active cognitive activity of the competent person begins to investigate the offense. Not recorded information about the offense does not allow you to realize legal responsibility and punish the offender. The problem is that in the theory of law, this stage is given little attention, in the procedural legislation, the fixation of an offense has weak regulation or is not fixed at all. It is concluded that the fixation of an offense includes ways and forms of fixing information about the committed offense in order to further learn it legally. It is at this stage that the further perspective of the investigation of the offense is determined. Without proper recording, the procedural activity of the subject of the investigation will be chaotic and illegal, which reduces the effectiveness of such activities.

offense, legal responsibility, law enforcement activity, investigation of offenses, fixation, detection, law enforcement act

Samusevich Alexey Gennadyevich – Candidate of Juridical Sciences, Associate Professor, Associate Professor of the Department of Jurisprudence, Irkutsk National Research Technical University (83, Lermontov st., Irkutsk, 664074, Russian Federation), e-mail: samusevich79@mail.ru

Samusevich A.G. Fiksaciya pravonarusheniya kak stadiya rassledovaniya: teoreticheskij aspekt [Fixing an Offense as a Stage of Investigation: a Theoretical Aspect] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2021, no 2(93), pp. 10–14. DOI 10.26516/2071-8136.2021.2.10. (in Russian).

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