Problems of the Realization of the Right of the Suspect or the Accused to Learn about the Composition of the Investigative-Operative Group as the Violation of the Procedural Right to Defense in Criminal Proceedings

Abstract

The article is devoted to the issue of the realization of the right of the suspect or the accused to know what employees of the preliminary investigation and operative investigation bodies compose the investigative-operative group responsible for the preliminary investigation on the criminal case. It is shown that uses of the criminal procedure legislation of the Russian Federation provide in sufficient regulation of the work of the investigative-operative group in criminal proceeding, the opinions and positions of different scholars regarding the concept and the organizational procedure of investigative-operative groups are presented. The author identifies the priorities regard in the violate on soft he procedural right of the suspect or the accused to protection in criminal proceedings, which are connected with the fact that these participants of criminal proceedings do not have the procedural opportunity to learn about the composition of the investigative-operative group involved in investigative actions and operative search activities on the criminal case. The author also presents some provisions for the improvement of criminal procedure legislation by supplementing the norms which regulate the opportunity, provided for by criminal procedure law, for the suspects and the accused to learn about the composition of the created investigative-operative group.