PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR: MYTH OF REALITY?
Abstract
The article highlights the factors that led to a major restriction of the investigator’s procedural independence as a result of a sharp growth in the number of procedural-administrative and procedural-control powers held by the chief of the investigative body.
One of these reasons is explained by the author’s efforts to address the conse-quences from the well-known crisis of law enforcement agencies in the 1990s, which resulted in a decline in the quality of preliminary investigation. The second justifica-tion is connected by the author to the Soviet preliminary investigation’s administra-tiveization and the assignment of traditional jurisdictional (judicial-investigative) powers to the executive authorities.
As a result, it is determined that the procedural independence of the investigator is merely another doctrinal illusion at the moment. It should be noted that the investi-gator’s discretionary powers are actually limited to a minimum, and their potential use depends on the procedural omnipotence of the chief of the investigative body.
In conclusion, in light of the topic of this article the prospects for the further development of the preliminary investigation bodies are examined.
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References
Apparatus of investigative power / ed. N.A. Kolokolova. – M.: Yurli-tinform, 2016. – 378 p.
Bagmet A.M., Tsvetkov Yu.A. Strong investigation and its opponents // Lex Russica. - 2015. - No. 4. - pp. 60–70.
Bykov V.M. Procedural independence of the investigator // Criminal proce-dure. - 2008. - No. 5. - pp. 40–43.
Bykov V.M. The investigator as a participant in the criminal procedure on the part of the prosecution // Legality. - 2012. - No. 7 (932). – pp. 3–9.
Voronin E.I. Procedural position of the investigator of internal affairs bodies. - Karaganda: Karaganda Higher School of the Ministry of Internal Affairs of the USSR, 1975. - p.94.
Gavrilov B.Ya. Redistribution of procedural and supervisory powers be-tween the prosecutor and the chief of the investigative body: an objective necessity or voluntarism in law? // Criminal proceedings. - 2009. - No. 4. - pp. 35–44.
Gulyaev A.P. Investigator in criminal proceedings. – M.: Jurid. lit., 1981. - 192 p.
Darmaeva V.D. Investigator in criminal proceedings. M.: Moscow Psycho-logical and Social University, 2007. – 128 p.
Derishev Yu.V. Problems of organization of pre-trial proceedings under the Code of Criminal Procedure of the Russian Federation. - Omsk: Omsk Law Institute, 2003. - 257 p.
Derishev Yu.V. Criminal pre-trial proceedings: the concept of procedural and functional-legal construction: dis. … Dr. jurid. Sciences. - Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2005. - 436 p.
The course of the criminal procedure / ed. L.V. Golovko. - M.: Statute, 2017. - 1280 p.
Lenin V.I. Full composition of writings. T. 31. - M.: Politizdat, 1969. - 671 p.
Milikova A.V. Criminal procedural acts of the bodies of preliminary inves-tigation: dis. … cand. legal Sciences. - Volgograd: Volgograd State University, 2019. - 218 p.
Minaeva S.A. Procedural activity of the chief of the investigative body to ensure the rule of law in pre-trial proceedings: dis. ... cand. legal Sciences. - M. Acad-emy of Management of the Ministry of Internal Affairs of Russia, 2014. - 254 p.
Naidenov V.V. Soviet investigator. – M.: Yurid. lit., 1980. - 112 p.
Nasonova I.A., Morugina N.A. The chief of the investigative body and the investigator: problems of interaction and procedural independence // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. - 2016. - No. 2. - pp. 7–15.
Ogorodov A.N. Procedural independence of the investigator in criminal proceedings. - Irkutsk: Irkutsk Law Institute (branch) of the University of the Prosecu-tor's Office of the Russian Federation, 2018. - 173 p.
Bodies of preliminary investigation of Russia and the procedural independ-ence of the investigator / ed. V.A. Sementsov. – M.: Yurlitinform, 2021. – 200 p.
Pobedkin A.V. On the value of the procedural form in the conditions of le-gal nihilism in Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. - 2012. - No. 2. pp. 46–48.
Rossinsky S.B. How should be a Russian investigator? (to the 25th anni-versary of the Concept of Judicial Reform of the RSFSR) // Laws of Russia: experi-ence, analysis, practice. - 2016. - No. 10. - pp. 93-100.
Sementsov V.A. Selected articles on the criminal procedure. - Krasnodar: Enlightenment-South, 2013. - 593 p.
Sluchevsky V.K. Textbook of Russian criminal procedure. Part 1 / ed. V.A. Tomsinov. – M.: Zertsalo-M, 2014. – 486 p.
Statkus V.F., Zhidkikh A.A. Preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation: history, current state and prospects / ed. V.A. Alferov. – M.: Spark, 2000. – 103 p.
Franciforov Yu.V., Vanin D.V. The functional purpose of the activity of the investigator and his powers in the adversarial criminal proceedings. – M.: Yurlit-inform, 2013. – 199 p.
Tsvetkov Yu.A. Principles of managerial ethics in investigative bodies // Investigation of crimes: problems and ways to solve them. - 2017. - No. 3. pp. 163–168.
Chechulin I.V. Procedural powers of the chief of the investigative body and their implementation in pre-trial proceedings: author. dis. … cand. legal Sciences. - M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2013. - 25 p.
Sheifer S.A. Pre-trial proceedings in Russia: stages of development of the investigative, judicial and prosecutorial authorities. – M.: Norma, 2013. – 192 p.
Criminal Procedure Code of the Republic of Uzbekistan with amendments and additions dated 06/24/2022. https://lex.uz/docs/111463 (Date of access: 03/06/2022).
Saidbekov R. Is it time to reform the investigation?. http://advokatnews.uz/xabar/1860.html. (Accessed: 03/06/2022)
