Teacher (psychologist) as a participant in criminal proceedings in Russia and Moldova: general and special

The article analyzes the provisions of the Criminal Procedure Code of the Russian Federation (CPC RF) and the Criminal Procedure Code of the Republic of Moldova (CPC RM) regulating the participation of a teacher and psychologist in interrogations and other investigative actions. The purpose of the study is to identify similarities and differences in the regulation of the participation of a teacher (psychologist) in criminal proceedings in Russia and Moldova and to identify areas for improving the Russian criminal procedure legislation. Using general scientific and private scientific methods of cognition (analysis, synthesis, system-structural, formal-legal, comparative-legal, historical-legal), the author comes to the conclusion that a teacher (psychologist) should take an independent place among other participants in criminal proceedings. A specific feature of the Criminal Procedure Code of the Russian Federation is the specification (albeit excessive) of the requirements that a teacher must meet as a participant in criminal proceedings. When regulating the participation of a teacher (psychologist) in criminal proceedings, the principle of legal equality by the Russian legislator, unlike the legislator of Moldova, is not observed: the rules for the participation of a teacher (psychologist) in investigative actions in Russia unreasonably differ depending on the procedural status of a minor participant in criminal proceedings and the stage of the process at which the investigative action is carried out. The legislator of Moldova is more consistent: a teacher (psychologist) is obliged to participate in the interrogations of all minor participants in the criminal process until they reach the age of 18; at the same time, the Criminal Procedure Code of the Republic of Moldova does not provide for the participation of a teacher (psychologist) in investigative actions other than interrogation, which is its disadvantage. In conclusion, the author points out the need for further improvement of the procedure for the participation of a teacher and a psychologist in investigative actions in Russian criminal proceedings by fixing their mandatory participation in verbal investigative actions conducted with victims, witnesses, suspects, accused, defendants under the age of 18, both at the preliminary investigation and in court.