Procedural independence of the inquiry officer and the interrogator in modern criminal procedure

Автор: Lukozhev Kh.M.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 12, 2021 года.

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The issues of the procedural status of the inquiry officer and the interrogator in the Russian criminal process have been actively discussed in recent years, and the number of scientific research on this topic is increasing every year. Despite the unified procedural status of the inquiry officer and the interrogator, it should be noted that at present there is a problem of separation of the investigative apparatus and the apparatus of the interrogators. The procedural independence of the inquiry officer must be determined through the totality of his powers, both for independent decision-making and for independent initiation of decision-making within the framework of pretrial proceedings in a criminal case, as well as guarantees of non-interference in the independent initiation and decision-making, which have a normative consolidation, except when it is necessary for the implementation of departmental and judicial control and prosecutorial supervision. The procedural independence of the inquiry officer and the interrogator is a collective category that characterizes the procedural status of the inquiry officer and the interrogator, which is revealed in the totality of his rights to independently exercise powers aimed at solving the tasks of pre-trial proceedings and the goals of criminal proceedings.

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Criminal proceedings, pre-trial proceedings, preliminary investigation, inquiry, independence, procedural independence, prosecutor, inquiry officer, interrogator

Короткий адрес: https://sciup.org/149138661

IDR: 149138661   |   DOI: 10.24158/tipor.2021.12.16

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