Полномочия начальника органа дознания в свете положений Федерального закона № 440-фз

Abstract

Introducing a new participant of a criminal trial – a chief of body of inquiry, from accusation has caused a need of differentiation of its powers with the powers of a prosecutor and chief of division of inquiry for the purpose of an exception of double subordination of investigators in case of criminal proceeding. In the article the need of provision of specific powers to one of heads is proved: to the chief of body of inquiry or chief of division of inquiry. The line item states that the chief of body of inquiry shall carry out powers of the chief of division of inquiry in the absence of specialized division. In the presence of specialized division of inquiry on investigation of crimes, the chief of body of inquiry shall not carry out powers of the chief of division of inquiry. The opinion is defended that the investigator shall receive consent to produce investigative and others procedural actions only from the chief of body of inquiry. It is offered to make changes to the third part Art. 40.2, in it, having specified in what cases the deputy chief constable carries out powers of the chief of body of inquiry. It is offered to confer to the prosecutor only supervising powers behind activities of bodies of inquiry in case of production of preliminary inquiry in the form of inquiry.