The concept of procedural guidance in crime investigation

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Introduction: the article deals with the concept of procedural management of crime investigation, which, according to the author's opinion, is a particular manifestation of the phenomenon of management in criminal process of Russia as power and subordination. The inconsistency of the reform of the preliminary investigation, mentioned by many academicians in criminal procedure, still causes many challenges of theory and practice. The author proposes to approach their resolution from the concept of procedural guidance. Materials and Methods: the methodological basis of the study was the dialectical method of academic knowledge, historical, logical, as well as observation and other special methods of research of legal phenomena. Results: the author's definition of procedural management of the investigation was proposed, conclusions were drawn about its correlation with the concepts of departmental procedural control, prosecutor's supervision, management and organization of the investigation. Discussion and Conclusions: the author believes that managing investigation, prosecutor's supervision and departmental procedural control relate to the procedural management of the investigation as part and as a whole. Solving the problem of effective determination of functional role for officials of the preliminary investigation it is necessary to approach this issue systematically, without rejecting the concept of procedural guidance. Officials and bodies conducting the investigation by performing procedural actions, making interim and final procedural decisions in relation to all subjects of criminal proceedings carry out procedural management of investigation. It is aimed at a full and comprehensive study of circumstances to be proved in order to properly apply the criminal and criminal procedure law.

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Preliminary investigation, investigation management, departmental control, judicial control, prosecutor's supervision

Короткий адрес: https://sciup.org/142225403

IDR: 142225403   |   DOI: 10.37973/KUI.2020.41.3.014

Статья научная