Officer of the body of inquiry which not an investigator

The article is devoted to the issue of the procedural status and procedural powers of officials who are part of the structure of the body of inquiry, but who are not interrogators. Using the example of such officials in the internal affairs bodies of the Russian Federation as an operational officer and a precinct police officer, the author analyzes the boundaries of their powers in making procedural decisions and conducting procedural actions as an interrogator. In the course of analyzing the existing practice, the authors conclude that at present the clear boundaries of the procedural status of an official of an inquiry body who is not an interrogator are not regulated normatively. There are significant omissions both directly in the criminal procedure plan, and in departmental and other regulatory legal acts. This situation leads to the fact that in the course of their practical activities, operatives and district police officers are often endowed with unreasonably expanded procedural powers, which can lead to violations and abuses during the initiation and investigation of criminal cases. It is noted that in accordance with the qualification requirements and the nature of the tasks performed, district police officers, as well as operational workers, may not always be legally competent in making procedural decisions. The authors substantiated the point of view and made a conclusion about the advisability of excluding from the legislation the possibility of vesting district police officers and detectives with the procedural status of an investigator, with the exception of certain special cases.

the procedural powers of the precinct, the procedural powers of the operational worker, the official of the body of inquiry, inquiry in the police department