The issues of the procedural status of the head of the inquiry unit (interrogative division) in the system of the Ministry of Internal Affairs of the Russian Federation and the Ministry of Internal Affairs of the Republic of Tajikistan: comparative and legal analysis

The article, based on a comparative analysis of doctrinal provisions and criminal procedure legislation, reveals the specifics of the procedural status of the head of the inquiry unit in the system of the Ministry of Internal Affairs of Russia and the head of the interrogative division in the system of the Ministry of Internal Affairs of the Republic of Tajikistan. The disclosure of the powers of heads of the relevant units in accordance with Russian and Tajik legislation allowed to identify a gap in the regulatory legal definition of one of the functions of the head of the interrogative division in the Republic of Tajikistan, and therefore the measures were proposed to improve Article 41 of the Criminal Procedure Code of the Republic of Tajikistan. The powers of the head of the inquiry unit (interrogative division) in the system of the MIA of the Russian Federation and the MIA of the Republic of Tajikistan are specified in terms of making certain procedural decisions and performing other procedural functions related to their exclusive jurisdiction. Situations are indicated in which exceptions are allowed in terms of preliminary coordination of procedural decisions by the head of the relevant unit in order to ensure prompt response and urgent investigative actions by interrogators and other subjects.