opical issues of procedural independence of the investigator
Authors: Pechenov D.A., Nigmatullin A.R. | |
Published in issue: #1(96)/2025 | |
DOI: | |
Category: Jurisprudence | Chapter: Criminal Law and Criminology |
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Keywords: Criminal Procedure Code of the Russian Federation, criminal cases, investigator, preliminary investigation, procedural independence, prosecutor's office |
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Published: 14.02.2025 |
The paper is devoted to analyzing powers and procedural independence of an investigator in the criminal proceedings, taking into account controversial issues arising in this area. It considers legal basis for the investigator procedural independence, establishes factors limiting his independence, and analyzes contradictions in application of the rules governing interaction between the investigator and the prosecutor. Particular attention is paid to the problems of practical application of the prosecutorial supervision rules; discrepancies between the legislative norms and law enforcement are identified. The paper provides statistics of the judicial practice illustrating contradictions in the law enforcement. Specific proposals for improving the legislation are formulated.
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