Следователь и руководитель следственного органа: проблемы взаимодействия

Abstract

The purpose of criminal proceedings is protection of rights and legitimate interests of physical entities and legal entities who became victims of crime. The effectiveness of criminal proceedings depends on activities of different offices and departments. Preliminary investigation body takes a special place among them. It implements the supervision of all the laborious process around criminal proceedings, starting from being instituted until passed to prosecutor who will direct it next to the court. Preliminary investigation body is mostly represented by both investigator and investigation body supervisor in the domestic criminal justice. According to the code of criminal procedure of Russian Federation, the investigator is an official authorized to conduct the preliminary investigation of criminal case, along with other authorities provided by the code. The investigation body supervisor is an official who leads relevant investigation division, as well as his deputy, both bearing a significant volume of procedural authorities. Implementing the law enforcement activities, these officials are in continuous interaction, which means help to each other and cooperation in investigating. Such an idyll between two significant characters of criminal justice is a guarantee of successful justice achievements. However, processual scientists and workers have been asking for last few years, how effective is cooperation between investigator and investigation body supervisor, and how does it affect one of the most important principle of criminal proceeding - the processual independence of investigator. Standards of contemporary Russian legislation make investigator dependent of legislation body supervisor, which affects his processual independence during preliminary investigation performed. According to all above, this research has its purpose in revealing and analyzing problems emerging in cooperation between investigator and investigation body supervisor, as well as searching ways to solve those problems.