Functions of the investigator in the mechanism of criminal procedure regulation

Introduction: the article is devoted to the problem of the functional role of the investigator in the mechanism of criminal procedural regulation to achieve the purpose of criminal proceedings and allows us to identify the importance of the investigator as a participant in the criminal process on the part of the prosecution. The investigator formulates the accusation, and he has the right to change it in a way that increases the responsibility of the accused, while the prosecutor only has the authority to change the qualification and scope of the accusation in the direction of improvement. A proper understanding of their functional purpose will allow investigators to carry out their activities more effectively. Discussions about the functions of the investigator, which have been conducted recently on the pages of legal publications, sometimes negatively affect the credibility of investigators, in general, and their awareness of their role in solving the tasks of pre-trial proceedings and the appointment of criminal proceedings. The conducted research allows us to partially solve this problem. Materials and methods: the research is based on the provisions of the Criminal Code-the Procedural Code of the Russian Federation, scientific works in the field of criminal proceedings on the studied issues, investigative and judicial practice. The methodological basis of the research was the general dialectical method of scientific cognition, which has a universal character, as well as methods of logical deduction, induction, cognitive, methods of comparison, analysis, generalization and description. The results of the study some investigative errors were laid down by the legislator, who did not decide on the functional significance of the investigator’s role in the mechanism of criminal procedural regulation. In confirmation of which, an actual scientific discussion on the issues under study. The lack of targeted orientations of the investigator, in the conditions of multitasking of his procedural activity, eventually leads to violations of various norms of the criminal procedure law. The increase in the number of functions of the investigator does not contribute to solving the tasks of pre-trial proceedings. The allocation of additional functions may result in a negative effect of deterioration of the effectiveness of the investigator and a decrease in his independence. The article substantiates the position that the investigator performs the independent function of the preliminary investigation, which relates to the function of the prosecution. The investigator realizes the public interest, and is reasonably attributed to the participants by the prosecution. The article also substantiates and formulates proposals aimed at optimizing the functions of the investigator in order to solve the tasks of pre-trial proceedings and achieve the purpose of criminal proceedings. Findings and Conclusions: conclusions are formulated about the performance by the investigator of an independent function of preliminary investigation and a proposal is put forward to make appropriate amendments to Article 38 of the Code of Criminal Procedure of the Russian Federation. The proposed approach to the study of the problems of the investigator’s functions and his role in criminal proceedings contains a pledge to increase the effectiveness of the criminal procedural activity of this participant on the part of the prosecution.