The social role and procedural independence of the investigator in the criminal proceedings of the Russian Federation

Abstract

The subject of the study is the social role and procedural independence of the investigator in the criminal proceedings of the Russian Federation as a key subject conducting criminal proceedings in the pre-trial stages. The authors consider the relationship between the investigator, the prosecutor, the head of the investigative body, the interrogator, and other participants in criminal proceedings, as well as problematic definitions and ensuring the procedural independence of the investigator. The methodology of research have been based on a set of general scientific methods and techniques used by legal science. According to the results of the study, the social role of the investigator in criminal proceedings has been determined, which is considered as one of the fundamental elements of his/her procedural independence. It has been concluded that the social role of the court and the investigator in the criminal process is comparable in terms of their defense of public interests and the importance of their participation in the implementation of criminal law. Therein, the court recognizes an exclusive function – the administration of justice. It has been noted that the absence of norms on the procedural independence of the investigator does not allow determining the place of the investigator in ensuring the balance of interests and mutual responsibility of the individual and the state, since the investigator can only be held liable as a representative of the state if he/she is independent in adopting them at his/her discretion.