The Relation Between Criminal Procedural Powers of the Head of the Investigative Body and the Head of the Inquiry Office
https://doi.org/10.18384/2949-513X-2024-4-59-65
Abstract
Aim. To identify the correlation of the criminal procedural powers of the head of the investigative body and the head of the inquiry office in terms of their complementarity, exclusivity and duplication.
Methodology. Much attention is paid to the dynamics of the development of the criminal procedural powers of the head of the investigative body and the head of the inquiry office.
Results. The development trends in the powers of the procedural leadership performed by the head of the investigative body and the head of the inquiry office are clearly formulated. The author’s division of these powers is based on the hierarchy which is formed between the subject authorities participating in the criminal process. The author points out the priority of the criminal procedural powers of those subject authorities of the criminal process who are higher-level leaders or heads of higher authorities.
Research implications. The article is intended to contribute to the study of the criminal procedural powers for the procedural management of the preliminary investigation from the methodological point of view.
About the Author
A. V. ObraztsovRussian Federation
Alexander V. Obraztsov – Cand . Sci . (Law), Assoc . Prof ., Department of Criminal Law, Criminal Procedure and Criminalistics
ul. Radio 10A, Moscow 105005
References
1. Arutyunov A. S., Naumenko O. A. [Features of the implementation of procedural and organizational functions of the head of the inquiry unit]. In: Obshchestvo i pravo [Society and Law], 2017, no. 2, pp. 211–214.
2. Babich N. V. [Delineation of powers between the prosecutor and the head of the investigative body]. In: Vestnik Rossiyskogo universiteta druzhby narodov. Seriya: Yuridicheskiye nauki [Rudn Journal of Law], 2020, iss. 3, pp. 60–779.
3. Kulcharova A. V. [Correlation of procedural and administrative powers of the head of the inquiry unit and the head of the inquiry body]. In: Nauchnyy portal MVD Rossii [Scientific Portal of the Russia Ministry of the Interior], 2022, no. 3, pp. 70–76.
4. Kulcharova A. V. [Procedural powers of the head of the inquiry unit need to be improved]. In: Vestnik Belgorodskogo yuridicheskogo instituta MVD Rossii imeni I. D. Putilina [Vestnik of Putilin Belgorod Law Institute of Ministry of the Interior of Russia], 2023, no. 3, pp. 50–54.
5. Michurina O. V. [Procedural guidance of the head of the inquiry body and the head of the inquiry unit: competition or interaction?]. In: Vestnik ekonomicheskoy bezopasnosti [Bulletin of Economic Security], 2016, no. 5, pp. 98–101.
6. Mityukova M. A. [On the issue of procedural powers of the head of the inquiry body]. In: Sibirskiy yuridicheskiy vestnik [Siberian Legal Bulletin], 2016, no. 2, pp. 115–122.
7. Naumenko O. A. [Amendments to the criminal procedure legislation in terms of the procedural investigation of the head of the inquiry body]. In: Obshchestvo i pravo [Society and Law], 2016, no. 2, pp. 237–239.
8. Sadiokova U. V. [On expanding the powers of the head of the investigative body at the stage of completion of the preliminary investigation]. In: Trudy Akademii upravleniya MVD Rossii [Proceedings of Management Academy of the Ministry of the Interior of Russia], 2020, no. 2, pp. 110–114.
9. Stefanova E. Yu. [The head of the inquiry body in modern criminal proceedings]. In: Akademicheskaya mysl [Academic Thought], 2018, no. 2, pp. 92–94.
10. Yakubina Yu. P., Didenko N. S. [Problematic aspects of prosecutorial supervision over the preliminary investigation]. In: Yurist-pravoved [Jurist-Pravoved], 2021, no. 4, pp. 130–134.