Open AccessTHE INVESTIGATOR’S INDEPENDENCE: CHALLENGING ASPECTS OF THE DETERMINATION OF THE LEGAL ESSENCE AND FUNCTIONAL PURPOSE
Author(s) -
Denis P. Popov
Publication year - 2020
Publication title -
rossijskij sledovatelʹ
Language(s) - English
Resource type - Journals
ISSN - 1812-3783
DOI - 10.18572/1812-3783-2020-11-19-23
Subject(s) - legislation , independence (probability theory) , process (computing) , law , legal practice , political science , psychology , criminal procedure , computer science , mathematics , statistics , operating system
The article examines topical issues relevant to the domestic criminal process related to the determination of the legal nature and functional purpose of the category ≪procedural independence of the investigator≫. Based on the analysis of the theory, criminal procedural legislation and the practice of its application, the author concludes that from the point of view of the legal nature, the independence of the investigator should be considered as a ≪criminal procedure tool≫ provided to him by the law, functionally designed for professional activities. The concept of the category in question is proposed, as well as measures aimed at improving the legislation determining the legal status of the investigator and regulating his procedural independence.