Судебный контроль за процессуальными решениями следователя: сущность и перспективы

Abstract

Introduction. The article is devoted to a theoretical analysis of the rules governing judicial control in pre-trial proceedings, its regulation, essence and significance, as well as the study of form and content. The effectiveness and appropriateness of judicial control are related to the discursive role of the court in making certain decisions during the preliminary investigation. The procedure for an investigator’s appeal to the court in pre-trial proceedings was examined and the role of the head of the investigative body in coordinating such an appeal and the prosecutor was clarified. The issues of the need for judicial control in pre-trial proceedings regarding procedural decisions of the investigator are considered. In the process of scientific research, scientific ideas about judicial control and its content in pre-trial proceedings are summarized. Methods. To achieve this goal descriptive, formal-logical methods and the method of interpretation of legal norms were used. Results. Based on the results of the scientific research a classification of judicial control according to the content of procedural activities is presented, the main goals of the procedural verification of the legality and validity of an investigator’s application to the court with a petition to carry out investigative and procedural actions are identified and formulated, the prospects for changing control over the production of these actions and the role of the prosecutor in this procedural activitiesare analyzed.