Detention as a procedural means of the investigator’s cognitive activity

The article examines the essence of detention as a procedural means of cognitive activity of an investigator, taking into account the epistemological features of this preventive measure in criminal proceedings. It is argued that, despite the legislative classification of detention as a preventive measure, it has a pronounced epistemological nature, as it is accompanied by the collection of factual data that constitute the subject of proof. It is indicated that in the process of detention, information about the criminal offense, the suspect, the circumstances of the criminal offense, and its consequences is perceived, identified, and recorded. Attention is drawn to the fact that it is at the stage of detention that the most favorable conditions are created for obtaining the initial information necessary for the further process of proving. It has been proven that, unlike other security measures, detention directly contributes to the formation of primary factual data through observation, analysis, and seizure of items, documents, and instruments of crime. The court practice regarding the application of Articles 207 and 208 of the CPC of Ukraine has been analyzed, according to which detention is recognized as a sudden procedural event that often precedes the registration of criminal proceedings, which highlights the need to obtain any initial information. It is stated that in such circumstances, when detaining a person, the investigator actually obtains information outside the open proceedings, which requires legislative regulation of the procedure for recording the results of investigative activities. It is noted that within the framework of detention, related procedural actions are carried out, in particular, personal search, inspection, temporary seizure of property, etc., which have direct evidentiary value. It is emphasized that despite the fact that criminal procedural detention closely borders on the detention of a person under administrative procedure, it is unacceptable to use the administrative detention procedure to achieve the goals of criminal proceedings. It is justified that detention should be considered not only as a temporary restriction of the right to freedom, but as an active process of cognition that ensures the establishment of factual data that are relevant to criminal proceedings. It is concluded that detention is transformed into a universal procedural means of cognitive activity of the investigator, which not only contributes to ensuring the effectiveness of criminal proceedings, but also increases the effectiveness of the process of proving due to its cognitive essence.