ON LEGALIZATION OF THE GUIDING ROLE OF THE INVESTIGATION IN ORGANIZING AND CARRYING OUT FORENSIC EXAMINATIONS

Abstract

The Federal Law On Amendments to the Federal Law On State Forensic Expert Activities in the Russian Federation and the Federal Law On the Investigative Committee of the Russian Federation are analyzed and the inexpediency of creating forensic expert institutions in the Investigative Committee is established. The authors come to this conclusion by analyzing the history of the formation of the Federal Expert Service in Russia and listing the arguments given by scientists to justify the need of removing forensic expertise from departmental subordination. Authors suppose that there is no state agency responsible for prosecution in criminal proceedings, let alone the Investigative Committee of the Russian Federation is unable to ensure the forensic experts independence. And even the judicial experts, being subordinate to the prosecution, are unlikely to remain independent, objective and impartial, carrying out the investigation tasks. In this case, the analogy with forensic institutions that were created in due time and are now preserved in the structure of law enforcement ministries and departments is not relevant since these institutions coexist with the bodies of preliminary investigation, but they are not subordinate to them organizationally or administratively.