Понятие, сущность и принципы криминалистического взаимодействия как элемента организации расследования преступлений

Abstract

The article considers the problematic provisions of the investigator's interaction with the inquiry body. Taking into account opinions expressed in the scientific literature, the most correct solution to the issues of the investigator's interaction seems to be found in the context of the provisions of the forensic doctrine on the organization of crime investigation. The author reveals the concept and essence of interaction, noting that neither the Criminal Procedure Code of the Russian Federation, nor the departmental regulations give a definition of interaction; this concept is scientific, and each author gives their own definition. Often, features of interaction are given as the essence of interaction, which is methodologically incorrect. The essence and features of interaction are inseparable categories, while some authors do not take this into account and do not write about the essence of interaction, or consider it through the very definition of interaction and list its features. Along with the issues of the concept and essence of interaction, the closely related issue of its principles as the fundamental principles of using this element of the organization of investigation is considered. The list of principles of interaction is often given in the content of the concept of interaction. Such principles as legality, delimitation of competence, organizational independence of interacting subjects, the leading role of the investigator, planned interaction, continuity of interaction, the optimal combination of powers and capabilities of the investigator and the inquiry body are listed. The author notes that, in addition to adhering to the principles of interaction between the investigator and operational units, such factors as planning of interaction, professional orientation of each of the interacting parties regarding each other's capabilities and completeness of their use in solving the problems of crime investigation, establishment of correct professional relations between investigators and operational officers directly involved in interaction, maintenance of the atmosphere of trust, solidarity, and mutual assistance will facilitate the effectiveness of interaction. The author concludes that there is a close relationship between criminal procedural and operational search activities due to the presence of similarities in the fundamental foundations of each of the listed activities.