On the Question of the Procedural Independence of the Investigator in the Criminal Process
( Pp. 19-23)

More about authors
Yarychev Nasrudi Uvaysovich Dr.Sci.(Pedagogics), Dr.Sci.(Philosophy), Professor, Vice-Rector for Academic Affairs, Grozny
Chechen State University
Grozny, Russia Nagoeva Marina Auyesovna Dr.Sci.(Pedagogics), Professor of the Department of Special Technical Training, North Caucasus Institute of Advanced Training (branch) of Krasnodar University of the Ministry of Internal Affairs of Russia Kabardino-Balkarian Republic, Nalchik
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
Abstract: In the article, the authors analyze the current state of procedural independence of the investigator. The main attention is paid to the problems that arise in the investigator during the preliminary investigation. The possibility of giving the investigator full procedural independence to increase the activity of his activities is being considered.
The authors examine in detail the legal status of the investigator and the degree of his "independence" during the preliminary investigation. The necessity of changing the criminal procedure legislation in terms of granting the investigator a wider range of powers is substantiated. The problems arising during the interaction of the investigator with other subjects of the criminal process are investigated. It is emphasized that the success of the investigation of criminal cases and their resolution directly depends on the degree of procedural independence of the investigator.
How to Cite:
Yarychev N.U., Nagoeva M.A. On the Question of the Procedural Independence of the Investigator in the Criminal Process // Gaps in Russian Legislation. 2023. Vol. 16. №5. Pp. 019-023. (in Russ.). EDN: CXRZMY
Reference list:
Dudak V.L., Chervyakov M.E. Problematic issues of procedural independence of an investigator in criminal proceedings // Epoch of Science. - No. 16. – pp. 27-30.
Matveeva S.V. Procedural independence of an investigator as a principle of criminal procedural activity and the basic component of his procedural status // Alley of Science. – 2019. - No. 5. – pp. 674 – 681.
Begiev H.B. Problems of ensuring procedural independence of the investigator at the stage of completion of the preliminary investigation // Society and Law. – 2010. – 5. – pp. 194-200.
Konopelko T.S. Procedural grounds for reproducing the situation and circumstances of the event in the conditions of procedural independence of the investigator // Bulletin of the Student Scientific Society of the Donetsk National University. – 2019. - No. 11. – P. 118-121.
Bondar M.M. Some problematic aspects of the implementation of procedural independence of the investigator during the adoption of procedural decisions // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. - No. 1. – pp. 17-21.
Begiev H.B. Problems of correlation of the procedural independence of the investigator with the procedural control of the head of the investigative body // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2011.- No. 1. – pp. 50-55.
Stolnikov P.M. Correlation of the procedural independence of the investigator and the powers of the head of the investigative body // Scientific portal of the Ministry of Internal Affairs of Russia. – 2020. - No. 2. – pp. 54-58.
Korkin A.P. General provisions of the Institute of procedural independence of the investigator // Issues of Russian and international law. – 2021. - No. 4. – pp. 112-119.
Arestov S.A. The history of the development of the institute of procedural independence of the investigator // Colloquium-Journal. – 2019. - No. 14. – pp. 131-133.
Begiev H.B. The implementation of procedural independence of the investigator at the stage of initiation of a criminal case in modern criminal proceedings in Russia. – Society and Law. – 2010. - No. 2. – p. 206. – 212.
Batyuk V.I., Bogdanov A.V., Khazov E.N. Problems of procedural independence of the investigator in the Russian Federation // Criminological Journal. – 2020. - No. 4. – pp. 70-74.
Kasukhina I.A. Procedural independence of an investigator in the context of preliminary investigation as one of the forms of preliminary investigation // Colloquium-Journal. – 2020. - No. 3. – pp. 25-27.
Grigoriev S.P. Procedural independence of an investigator in criminal proceedings // Naukosphere. - 2023. – p. 405 – 410.
Konstantinova A.I., Shumov P.V. Procedural independence of the investigator under the supervision of the prosecutor // Alley of Science. – 2018. - No. 5. – pp. 882-886.
Keywords:
procedural independence, preliminary investigation, investigator, powers, legal status..


Related Articles

CRIMINALISTIC, PROCEDURAL AND OPERATIVE-SEARCH MEASURES TO COUNTER CRIME IN THE GLOBALIZATION CONDITIONS Pages: 24-27 Issue №23752
Topical Issues of Disclosure and Investigation of Murders Committed in Conditions of Non-Obviousness
premeditated murder preliminary investigation disclosure criminal case causing death
Show more
10. CRIMINAL PROCEDURE 12.00.09 Pages: 239-243 Issue №18348
Prosecutor in pre-trial proceedings on criminal cases (comparative legal analysis of the legislation of European States and the legislation of Russia)
Prosecutor investigator investigating judge police inquiry
Show more
11. CRIMINAL PROCEDURE 12.00.09 Pages: 246-251 Issue №16787
Functional guidelines of the procedural management of the investigation in the activities of the heads of the investigative body
investigative bodies body of inquiry functional guidelines of the procedural management procedural management the head of the investigative authority
Show more
11. Forensics; Forensic expertise; Operational and search activities Pages: 218-221 Issue №15895
ABOUT SOME MISTAKES MADE IN THE COURSE OF ESTABLISHING THE CIRCUMSTANCES OF THE UNKNOWN DISAPPEARANCE OF MINORS
missing person minor investigation investigator forensic investigator
Show more
11. YOUNG SCIENTISTS IN ACTUAL CRIMIAL LAW PROBLEMS SOLVING Pages: 244-246 Issue №17728
Criminal procedure procedures for the state protection of persons who represent the prosecution on the fact of the committed crime
process implementation improvement investigator inquirer
Show more
11. CRIMINAL PROCEDURE 12.00.09 Pages: 238-241 Issue №16787
Problems of legal regulation of the legal status considered in criminal proceedings
criminal trial witness investigator investigative action guarantee
Show more
8. CRIMINAL LAW (5.1.4.) Pages: 256-260 Issue №20974
Reasoning About the Stages and Time Frames of the Preliminary Investigation Stage
pre-trial proceedings preliminary investigation preliminary investigation inquiry terms of preliminary investigation
Show more
11. Judicial, prosecutorial, human rights and law enforcement activities Pages: 170-172 Issue №5143
The credentials of a lawyer in civil proceedings
lawyer civil process the power of attorney the court powers
Show more
6. CRIMINAL PROCEDURE Pages: 225-229 Issue №16680
Evolution of urgent investigations: retrospective legislation prior to adoption article 157 of the code of Criminal procedure of the Russian Federation
Russian Empire USSR RSFSR Russian Federation Statute of Criminal Procedure 1864
Show more
9. Judicial, prosecutorial, human rights and law enforcement activities Pages: 178-183 Issue №6543
The powers of defender in the court of appeal
appeal defender powers appeal
Show more