Criminal Procedural Status of the Investigation Team

Abstract

The paper is devoted to the criminal procedural nature of the investigation team. Based on the characteristics inherent in the investigation team, it is differentiated from other forms of collective implementation of the preliminary investigation: crime scene investigation team (duty, target, specialized, joint) and forensic teams. Particular attention is given to the grounds for creation, the parties involved in the investigation team, and the requirements for familiarizing participants in criminal proceedings with this team. The idea is substantiated that the criminal procedural law should establish norms regulating the status of the head of the investigation team, issues of their interaction with the head of the investigative body, with investigators — members of the investigation team. It is noted that the current legal provisions limit the procedural independence of the investigator as a member of the group in question compared to the individual form of preliminary investigation. The study of the practice of the Constitutional Court of the Russian Federation, as well as appellate and cassation courts of general jurisdiction, made it possible to formulate some proposals for improving the legislative regulation of the functioning of the investigative team.