DEPARTMENTAL PROCEDURAL CONTROL FOR INQUIRY IN RUSSIA AND IN FOREIGN COUNTRIES

The article discusses the provisions of the Russian legislation, as well as the Republic of Belarus, Ukraine, the Republic of Kazakhstan, the Republic of Azerbaijan, Germany, France, the United States regarding the presence or absence of control over the police during criminal proceedings. The study is based on an analysis of legal norms enshrined in the criminal procedure codes of these countries. Based on the review of the procedural legislation of foreign countries, certain conclusions are formulated. A review of the regulatory legal acts of our country showed that in domestic criminal procedural legislation, control of an interdepartmental nature in an inquiry body in the internal affairs bodies of the Russian Federation is carried out by two heads at the same time, namely the head of the inquiry body and the head of the inquiry unit. This fact leads to a mixing of their powers of a different nature, which leads to the implementation of a formal approach to the performance of duties. The scientific article contains case studies. The analysis of court decisions leads to the conclusion that in practice there are difficulties in applying the provisions governing the powers of these officials. Based on the results of the study, it was concluded that it is necessary to simplify departmental process control in Russia. At the same time, there is the possibility of separating administrative and administrative powers from the Russian heads of the body of inquiry and removing them from the field of regulation of criminal procedure legislation. This will affect the independence of the inquirer; namely, will increase the quality of his criminal procedure activities, which in its turn can affect the achievement of trust in the police officers of the internal affairs bodies of the Russian Federation on the part of society.

departmental control, inquiry, head of the body of inquiry, head of the unit of inquiry, head of the group of inquiry, police inquiry, identity of powers, institution of the presumption of trust in the police, criminal prosecution by bodies of inquiry, pre-trial proceedings of foreign countries.

Korotaeva J. A. Departmental procedural control for inquiry in Russia and in foreign countries. Business. Education. Law, 2020, no. 2, pp. 279–283. DOI: 10.25683/VOLBI.2020.51.260.