Manova N.S. Formation of the Institute of Departmental Management of Investigator’s Activity in the Russian Criminal Procedure (Charters of Criminal Trial and Current Legislation)
Manova Nina Sergeevna
Doctor of Juridical Sciences, Professor,
Department of Criminal Procedure,
Saratov State Academy of Law
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Chernyshevskogo St., 104, 410056 Saratov, Russian Federation
Abstract. The article deals with the genesis of involvement of the head of investigative body in criminal trial, and the development of his powers: from implementing the organizational management by the subordinated investigators to the transformation into the body which occupies the main place in the system of the bodies of procedural control over the investigator’s activity.
The author investigates the history of the formation of investigative apparatus in Russia and traces the moment of involvement of the chief of investigative division, analyzes his procedural position according to the Criminal Procedure Code of RSFSR when he was mainly allocated with organizational powers concerning the subordinated investigators, and very limited powers on the procedural management of investigation. The article reviews the debatable opinions on the organization and standard regulation of departmental procedural control of pretrial investigation expressed during judicial and legal reform of the end of the 20th - the beginning of the 21st centuries, and the preparation of the Criminal Procedure Code of the Russian Federation in its framework. In the conclusion the author investigates the condition of the departmental management of the investigator’s activity according to the Criminal Procedure Code of the Russian Federation: at the time of its adoption and after its amendment in 2007, connected with the establishment of the Investigative Committee at the Prosecutor’s office of the Russian Federation, when the chief of investigative division became the head of investigative body, and his powers were essentially corrected. The author comes to the conclusion that these changes did not lead to the involvement of any new procedural “persons”, and, in fact, only marked strengthening of the procedural power of the departmental chief of the investigator. From this time point, according to the author, the contemporary history of formation of the institute of departmental procedural control over the investigator’s activity in the Russian criminal procedure begins.
Key words: chief of investigative division, head of investigative body, supervision over the pretrial investigation, procedural management of the investigator’s activity, Russian criminal procedure.
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