Procedural powers of head of the inquiry division when conducting an inquiry in abbreviated form

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Introduction: the article deals with the implementation of the procedural powers of the head of the Department of Inquiry in the Production of an Inquiry in an Abbreviated Form. In order to improve the effectiveness of the special investigation unit, the author proposes to expand the scope of procedural powers of the immediate superior of this unit. Materials and Methods: the Russian Federation Code of Criminal Procedure, current publications of Russian academicians, investigation practices of criminal cases by special divisions of investigation and survey results among the divisions employees. The methodology was general academic (induction and deduction) and special (legal, and particularly sociological) research methods. Results: the article analyzed the norms forming Chapter 32.1 of the Code of Criminal Procedure of the Russian Federation. It was established that they do not mention head of the inquiry unit, since the entire scope of procedural powers to control the activities of the investigator was concentrated on the head of the inquiry body and the Prosecutor; gaps in the legal regulation of the procedure for approval by the head of the body of inquiry of the remitted inquirer indictment; proposals are formulated to eliminate these legal conflicts by expanding the boundaries of the procedural powers of the head of the inquiry division. Discussion and Conclusions: the author's position on delegating the procedural powers of the head of the body of inquiry to the head of the division of inquiry in criminal cases investigates in the abbreviated form of inquiry is substantiated. The authors suggest amend the current criminal procedure legislation of the Russian Federation in terms of optimizing the activities of a specialized investigation unit in the course of conducting an inquiry in a reduced form by optimizing the procedural powers of the head of the investigation unit and the head of the inquiry body.

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Chief of division of inquiry, chief of body of inquiry, investigator, powers, inquiry in the reduced form

Короткий адрес: https://sciup.org/142225404

IDR: 142225404   |   DOI: 10.37973/KUI.2020.41.3.015

Статья научная