Investigators of internal affairs bodies as a subject of state protection application: theoretical and practical aspects

In this article, the authors address a number of problematic issues of practical application of state protection measures by investigators of internal Affairs bodies, both at the stage of checking a report on a crime, as well as at the stage of preliminary investigation. So the authors, in a scientific article, analyze the application of security measures against the applicant, an eyewitness or persons involved in fixing the traces of a crime, while the use of this Institute, according to the authors, will contribute to the prevention and detection of the crime as a whole. Also, one of the problems considered by the authors is the issuance of a decision on the application of state protection measures in relation to a specific participant in criminal proceedings. This problem is due to the fact that in the current design code of criminal procedure has no application in typical legal documents used in criminal proceedings, however, the Federal law "On state protection of victims, witnesses and other participants in criminal proceedings" establishes a requirement for making decisions in cases of application of measures of state protection. Such a contradiction in the law has led to the fact that in practice, investigators make a decision on the application of state protection measures in different forms, both in the motivational part (in terms of justification by specific rules) and in the operative part. The solution to this problem, according to the authors, is to fix in the Federal law «on state protection of victims, witnesses and other participants in criminal proceedings» the form of a standard resolution on the application of state protection measures. These changes would help to eliminate various interpretations of the current legislation.

investigator, state protection measures, resolution on the application of state protection measures