The issues of understanding the essence of the principle of autonomy and independence of the investigator

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Introduction: the author enunciates dominant scientific approaches that obscure the essence of the independence and autonomy of an investigator. Materials and Methods: the author used the doctrinal position published in the scientific sources. General and special methods of scientific knowledge were used while working on the article. Results: the essence of the idea of procedural independence of the investigator is traditionally tried to understand in the context of restrictions that are imposed on this activity by subjects of control and procedural powers. This methodological setting closes the deep essence of the principle. Science prefers an axiological and pragmatic approach to understand the principle. The approach is a simple statement of the theoretical and practical value of the principle of procedural independence and independence of the investigator. It does not explain the reasons for this value. An in-depth understanding implies a transition from practical exceptions to theoretical generalizations, and an ascent to the level of a unified idea of the procedural autonomy of bodies and persons conducting criminal proceedings. The idea of procedural autonomy has a universal character and reflects the essence of the ideology and technology of criminal proceedings, its typological features. Discussion and Conclusions: the lack of deep ideas about the essence of procedural autonomy limited the horizon of ideas about the tasks of implementing the principle of procedural independence and independence of the investigator. The axiological and pragmatic approach did not cancel the development and implementation of other scientific approaches to the independence and independence of the investigator, and did not exclude the search for other conceptual tools. The axiological and pragmatic approach did not cancel the development and implementation of other scientific approaches to the independence and independence of the investigator, and did not exclude the search for other conceptual tools. One of these tools was the conceptual-typological approach.

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The principle of independence and independence of the investigator, the idea of procedural autonomy, preliminary investigation, criminal procedure conceptology

Короткий адрес: https://sciup.org/142229909

IDR: 142229909   |   DOI: 10.37973/KUI.2021.39.41.001

Статья научная