Участники стадии предварительного расследования с неопределенным процессуальным статусом

Abstract

Introduction. Section II of the CPC of the RF “Participants of criminal proceedings” does not contain a complete list of persons involved in criminal proceedings. The analysis of the norms of criminal procedural legislation and law enforcement practice indicates a rather extensive list of persons actually involved in criminal proceedings, but their procedural status is not clearly defined. In this regard, this article is devoted to the issue of procedural consolidation of the general status of participants of the preliminary investigation stage. The purpose of the research is to propose amendments to the current criminal procedural legislation related to the introduction of a norm regulating the rights and obligations of all persons involved in criminal proceedings at the stage of preliminary investigation, but not specified in Section II of the CPC of the RF. Methods. In order to comprehensively analyse the issues related to the procedural status of persons whose legal status is not fixed in the criminal procedural legislation, general scientific methods were used: formal-logical, generalisation, analysis, description, and the legal-technical as a private-scientific method made it possible to propose changes in the legislation. Results. The author concluded that the participants of criminal proceedings, who do not have a procedural status regulated by law, have equivalent procedural opportunities. This allowed to suggest fixing a norm regulating the rights and obligations of all participants of the stage of preliminary investigation in the CPC RF.