DEVELOPMENT PROBLEMS OF LEGAL REGULATION OF THE TEACHER’S (PSYCHOLOGIST) ACTIVITIES IN INVESTIGATIVE ACTIONS

Abstract

Disadvantages of legal regulation of the teachers (psychologist) participation in the investigative actions are well known. They consist both in the absence of norms determining the general procedural position of this participant in the proceedings and in contradictory legal structures that regulate the involvement of a teacher (psychologist) to conduct investigations with the participation of minors. The possibility of ambiguous interpretation of legal provisions can have serious consequences both in the form of violation of the rights and legitimate interests of minor subjects of criminal proceedings, as well as in the form of loss of a minors evidence of admissible evidence. In this regard, it is necessary to determine the status of the teacher and the psychologist in the criminal process, understand his role (function) in the proceedings and designate the scope of rights that ensures the effectiveness of this activity. The article describes the contents of the study conducted by the authors of the theoretical and practical problems of the teacher and psychologists participation in the preliminary investigation of criminal cases during which minor witnesses, victims, suspects, defendants are engaged in the interrogation, confrontation, verification of evidence on the spot and other investigative actions accompanied by the need to respond to the questions of the investigator or the interrogator. Being subjected to psychological pressure, minors face the need in protecting their interests from the adult, unrelated to the criminal proceedings, not interested in its results and having an experience in working with children and adolescents, capable to reassure a minor, explain the essence of the investigative action, help to establish mutual understanding with the investigator and thereby significantly reduce the risk of minors psychological injury. The concept of a teacher, psychologist is justified as an independent participation in criminal proceedings, formulates proposals aimed at improving its procedural status.