Взаимодействие органов предварительного следствия и общеуголовного сыска в России во второй половине XIX – начале XX в

Abstract

The article deals with the problem of legal regulation of the criminal proceedings and practical activity of the court investigator and Criminal Police in the fight with crime. The author analyses legal acts of the Russian empire late XIX — early XX centuries and a wide range of archival and literary sources of this chronological period. The author points the systemic contradictions in the practice of the fight against crime, resulting from unresolved legal doctrine and legislation of the late of XIX — early XX centuries. The author considers issues of investigation and inquiry, and inquiry and investigation. The article notes that external expression drawbacks of legal regulation of pretrial criminal proceedings under the Charter of criminal proceedings in 1864 was the duplication of functions and ignoring ordinary criminal investigation by court investigators and police authorities of the total. And this fact led to the stagnation of the entire law enforcement system and the need to fill organizational lack of judicial reform through the establishment of a part of the general police detective offices caused a new problem — the interaction between the general and the police detective’ analyzing the interaction between the preliminary investigation and the general criminal investigation the author consistently reveals the process of legal, organizational and structural differentiation of functions of the Russian pre-trial criminal proceedings, which began with the judicial reform of 1864 and expressed in the institutionalization of the preliminary investigation, inquest and general criminal investigation.