PROBLEMS OF IMPLEMENTING THE PRINCIPLE OF INVESTIGATOR INDEPENDENCE

Abstract

The principle of independeence and autonomy of such a subject of investigation as an investigator is the principle of criminal procedure law, on which the stage of preliminary investigation is based. This principle guarantees no interference in the work of the investigator when he fulfills his responsibilities, and following the letter of the law, as it is stated in the Article 38 of the Criminal Procedure Code of the Russian Federation, the investigator has the authority to independently direct the course of the investigation, to take the decision about investigation and other procedural actions. Apart from it, according to the Article 17 of the Criminal Procedure Code of the Russian Federation, the investigator is a subject of evaluation of evidence, through the prism of his own inner conviction, which is based on all the evidence collected, following the law and his conscience. And therefore, the clear functioning of this principle allows to solve the problem of objectivity, being an essential guarantee of stabilization of criminal procedural functions, an additional means of minimizing possible judicial errors, as well as a filter of inadmissible evidence. The article identifies the problems of implementing the principle of investigator ‘s independence, the issues of limiting this principle are touched upon and the ways of solving the above problems are proposed.