Year of Graduation
Procedural independence of the investigator in the modern paradigm of criminal proceedings
Lawyer in the Sphere of Justice and Law Enforcement
The purpose of the work is to analyze the theoretical positions that determine the procedural independence of the investigator and its boundaries within the framework of investigative and other procedural actions, as well as to develop a specific mechanism for the investigator to interact with participants in criminal proceedings, taking into account the provisions on procedural independence. In this study, the following tasks were solved: the concept, the history of the formation of the procedural status of the investigator in Russia; defined the concept and limits of procedural independence of the investigator; analyzed the procedural forms of control and their impact on the procedural independence of the investigator; investigated the implementation of the procedural independence of the investigator in criminal proceedings when performing procedural and investigative actions, as well as when making procedural decisions. Based on the conducted research, the following main conclusions were made: the following was highlighted as a basic concept of procedural autonomy: the procedural autonomy of an investigator means the investigator’s right to decide at his own discretion, based on a free assessment of evidence, and take actions to establish a crime event initiation of criminal proceedings and the direction of the investigation, the production of investigative and other procedural actions s, except for the cases when the law provides for the court to obtain permission, in order to achieve the purpose of criminal proceedings. It was also proposed to make a number of changes and additions to the Code of Criminal Procedure of the Russian Federation.