On the Question of the Procedural Independence of the Investigator in the Criminal Process
- Authors: Yarychev N.U.1, Nagoeva M.A.2
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Affiliations:
- Chechen State University
- Krasnodar University of the Ministry of Internal Affairs of Russia
- Issue: Vol 16, No 5 (2023)
- Pages: 19-23
- Section: Criminalistic, procedural and operative-search measures to counter crime in the globalization conditions
- URL: https://journals.eco-vector.com/2072-3164/article/view/568732
- EDN: https://elibrary.ru/CXRZMY
- ID: 568732
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Abstract
In the article, the authors analyze the current state of procedural independence of the investigator. The main attention is paid to the problems that arise in the investigator during the preliminary investigation. The possibility of giving the investigator full procedural independence to increase the activity of his activities is being considered.
The authors examine in detail the legal status of the investigator and the degree of his "independence" during the preliminary investigation. The necessity of changing the criminal procedure legislation in terms of granting the investigator a wider range of powers is substantiated. The problems arising during the interaction of the investigator with other subjects of the criminal process are investigated. It is emphasized that the success of the investigation of criminal cases and their resolution directly depends on the degree of procedural independence of the investigator.
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About the authors
Nasrudi U. Yarychev
Chechen State University
Author for correspondence.
Email: nasrudiny@mail.ru
Dr.Sci.(Pedagogics), Dr.Sci.(Philosophy), Professor, Vice-Rector for Academic Affairs
Russian Federation, GroznyMarina A. Nagoeva
Krasnodar University of the Ministry of Internal Affairs of Russia
Email: arsmarina@mail.ru
Dr.Sci.(Pedagogics), Professor of the Department of Special Technical Training, North Caucasus Institute of Advanced Training (branch)
Russian Federation, Nalchik, KBRReferences
- Dudak V.L., Chervyakov M.E. Problematic issues of procedural independence of an investigator in criminal proceedings // Epoch of Science. - No. 16. – pp. 27-30.
- Matveeva S.V. Procedural independence of an investigator as a principle of criminal procedural activity and the basic component of his procedural status // Alley of Science. – 2019. - No. 5. – pp. 674 – 681.
- Begiev H.B. Problems of ensuring procedural independence of the investigator at the stage of completion of the preliminary investigation // Society and Law. – 2010. – 5. – pp. 194-200.
- Konopelko T.S. Procedural grounds for reproducing the situation and circumstances of the event in the conditions of procedural independence of the investigator // Bulletin of the Student Scientific Society of the Donetsk National University. – 2019. - No. 11. – P. 118-121.
- Bondar M.M. Some problematic aspects of the implementation of procedural independence of the investigator during the adoption of procedural decisions // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. - No. 1. – pp. 17-21.
- Begiev H.B. Problems of correlation of the procedural independence of the investigator with the procedural control of the head of the investigative body // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2011.- No. 1. – pp. 50-55.
- Stolnikov P.M. Correlation of the procedural independence of the investigator and the powers of the head of the investigative body // Scientific portal of the Ministry of Internal Affairs of Russia. – 2020. - No. 2. – pp. 54-58.
- Korkin A.P. General provisions of the Institute of procedural independence of the investigator // Issues of Russian and international law. – 2021. - No. 4. – pp. 112-119.
- Arestov S.A. The history of the development of the institute of procedural independence of the investigator // Colloquium-Journal. – 2019. - No. 14. – pp. 131-133.
- Begiev H.B. The implementation of procedural independence of the investigator at the stage of initiation of a criminal case in modern criminal proceedings in Russia. – Society and Law. – 2010. - No. 2. – p. 206. – 212.
- Batyuk V.I., Bogdanov A.V., Khazov E.N. Problems of procedural independence of the investigator in the Russian Federation // Criminological Journal. – 2020. - No. 4. – pp. 70-74.
- Kasukhina I.A. Procedural independence of an investigator in the context of preliminary investigation as one of the forms of preliminary investigation // Colloquium-Journal. – 2020. - No. 3. – pp. 25-27.
- Grigoriev S.P. Procedural independence of an investigator in criminal proceedings // Naukosphere. - 2023. – p. 405 – 410.
- Konstantinova A.I., Shumov P.V. Procedural independence of the investigator under the supervision of the prosecutor // Alley of Science. – 2018. - No. 5. – pp. 882-886.
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