Powers of the head of the inquiry body upk. Head of the body of inquiry. Head of the body of inquiry, head of the subdivision of inquiry: concept, procedural position and powers, interaction with the inquiry officer

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Course work

Proceduralstatuschieforganinquiriesandchiefsubdivisionsinquiries

criminal superintendent body inquiry

Plan

Introduction

1. Bodies of inquiry in criminal proceedings: concept, meaning

2. Procedural status of the head of the body of inquiry

3. Procedural status of the head of the inquiry unit

Conclusion

List of used literature

Introduction

Criminal proceedings as a complex legal and social phenomenon is the activity of bodies of inquiry based on the norms of criminal procedure law, preliminary investigation, the prosecutor and the court (judge), aimed at establishing the circumstances to be proven in accordance with Art. 73 of the Code of Criminal Procedure of the Russian Federation, persons guilty of committing a crime, and their punishment based on the norms of the Criminal Code of the Russian Federation, protection of the individual from unlawful and unfounded accusations and convictions, restriction of her rights and freedoms (Articles 6, 21 of the Code of Criminal Procedure of the Russian Federation).

In the system of state bodies carrying out criminal proceedings, a significant role at the pre-trial stages belongs to the bodies of inquiry.

The legislator has endowed the bodies of inquiry with the right to initiate criminal cases and carry out urgent investigative actions in the presence of signs of a crime for which the preliminary investigation is mandatory (Article 157 of the Code of Criminal Procedure of the Russian Federation), and also provided for a new, accelerated type of investigation of criminal cases in the form of an inquiry (Art. 223-226 of the Code of Criminal Procedure of the Russian Federation), abolishing the pre-trial preparation of cases of crimes in the protocol form.

In Art. 40 of the Criminal Procedure Code of the Russian Federation and Art. 13 of the Federal Law "On Operational-Investigative Activities" contains a list of bodies of inquiry, according to which the bodies of inquiry include internal affairs bodies and other bodies executive power, endowed in accordance with federal law with the authority to carry out operational-search activities.

For the first time at the legislative level, the definition of the concept of "inquiry" has been fixed. It is understood as a form of preliminary investigation carried out by an inquiry officer (investigator) in a criminal case, in which the production of a preliminary investigation is not necessary (clause 8, article 5 of the Criminal Procedure Code of the Russian Federation). In accordance with the criminal procedural legislation inquest is carried out in criminal cases about crimes of small and moderate listed in Part 3 of Art. 150 of the Criminal Procedure Code of the Russian Federation. Inquiry can be carried out in criminal cases and on other crimes of small and medium gravity, but only on the written instructions of the prosecutor.

The Code of Criminal Procedure of the Russian Federation attaches great importance to the regulation of the activities of such subjects of criminal prosecution as an interrogator (Articles 5, 40, 41, 150, 157, 223-225 of the Code of Criminal Procedure of the Russian Federation), the head of a subdivision of the body of inquiry and the head of the body of inquiry.

The head of the subdivision of the body of inquiry is a relatively new participant in the proceedings. Its powers are defined in the Code of Criminal Procedure of the Russian Federation. They raise a number of questions when implemented in practice, which requires their legislative regulation.

Pre-trial proceedings as a result of the procedural activity of the inquiry officer is the basis of the subsequent judicial trial, on the basis of which the truth in criminal cases is established and, as a result, justice is done.

An interrogator, fulfilling the prescription of criminal proceedings (Article 6 of the Criminal Procedure Code) and solving a local criminal procedural task in the investigation of a crime, simultaneously influences the strengthening of the rule of law, educating citizens in the spirit of respect for the laws. Now, in the period of growth in the qualitative and quantitative indicators of crimes in a number of regions of Russia, the growth of the burden on investigators, the work of an investigator is especially relevant and necessary.

Since the time of the Criminal Procedure Code of the Russian Federation, the procedural position of the head of the body of inquiry and the head of the subdivision of inquiry has undergone significant changes, the criminal procedural significance of which is directly dependent on the important position that they occupy among the subjects (participants) of the criminal process.

The legal status of the head of the inquiry body and the head of the subdivision of the inquiry body, his powers (rights and obligations), procedural problems its activities in pre-trial stages criminal proceedings are subject real term paper.

The purpose work is the systematization, consolidation and expansion of theoretical knowledge in the field of the procedural position of the head of the inquiry body and the head of the inquiry unit, analysis problematic issues their procedural activities.

As part of achieving this goal, the following were set tasks :

analyze the powers and functions of the body of inquiry in criminal proceedings;

determine the content of the procedural powers of the head of the inquiry unit;

to determine the content of the procedural powers of the head of the body of inquiry.

Object research advocates public relations emerging in the course of the procedural activities of the investigator in the field of criminal proceedings.

1. Organsinquiriesvcriminallegal proceedings: concept,meaning

According to the legislative definition, enshrined in paragraph 24 of Art. 5 of the Code of Criminal Procedure of the Russian Federation, the bodies of inquiry should be understood as government bodies and officials authorized in accordance with the Code of Criminal Procedure of the Russian Federation to carry out inquiries and other procedural powers.

According to Part 1 of Art. 40 of the Code of Criminal Procedure, the bodies of inquiry include, firstly, the internal affairs bodies Russian Federation, as well as other executive bodies vested in accordance with federal law with the authority to carry out operational-search activities.

The first group of inquiry bodies, in accordance with clause 1 of part 1 of article 40 of the Criminal Procedure Code, includes the internal affairs bodies of the Russian Federation.

As for the activities of specialized inquiry units created in the structure of internal affairs bodies, in accordance with Part 1 and Part 2 of Article 41 of the Code of Criminal Procedure of the Russian Federation, staff interrogators should be empowered by the head of the inquiry body or his deputy, since the powers of inquiry officers will only be legitimate after their corresponding normative consolidation. V otherwise the evidence collected by them in criminal cases in accordance with Article 75 of the Code of Criminal Procedure of the Russian Federation may be declared inadmissible, have no legal force and, accordingly, cannot be used as the basis for the accusation Smirnov A.V., Kalinovskiy K.B. Criminal process. M., 2008.S. 234.

The bodies of inquiry also include other executive bodies empowered by federal law to carry out operational-search activities. When determining such bodies, one should proceed from Article 13 of the Federal Law of August 12, 1995 No. 144-FZ "On operational-search activities" Federal Law "On operational-search activities" of August 12, 1995 No. 144-FZ: [adopted State Duma on July 5, 1995 (as amended on 28.12.2010, No. 214-FZ)] // [Electronic resource] / reference system Guarantee. 2011., according to which the right to carry out operational-search activities is vested in the operational subdivisions of the following bodies: Internal Affairs of the Russian Federation; Federal Service security; Federal bodies state protection RF; Customs authorities of the Russian Federation; Services foreign intelligence RF; Federal Service for the Execution of Sentences; Bodies for control over the circulation of narcotic drugs and psychotropic substances.

In accordance with clause 3, part 1 of article 40 of the Criminal Procedure Code of the Russian Federation, the functions of the body of inquiry for the production of urgent investigative actions are carried out:

Commanders military units, formations - in criminal cases of crimes committed by military personnel, citizens undergoing military training, as well as by civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies in connection with the performance of their official duties or in the location of a unit, formation, garrison ;

Heads of military institutions - in criminal cases on crimes committed by military personnel, citizens undergoing military training, as well as by civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies in connection with the performance of their official duties or at the location of the institution;

Heads of garrisons - in criminal cases on crimes committed by servicemen, citizens undergoing military training, as well as by civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies in connection with the performance of their official duties, who are not serving in units, formations and institutions of this garrison, but committed crimes in the location of the garrison. Also, the activities of the commanders of military units as bodies of inquiry and interrogators are:

· Acceptance and verification of reports on committed or impending crimes in the manner prescribed by Article 144 of the Code of Criminal Procedure of the Russian Federation;

The production of individual investigative actions to consolidate the traces of the crime and to identify the person who committed it (inspection of the scene, examination, appointment forensic examination), before the initiation of a criminal case;

Making a decision based on the results of consideration of a crime report in the manner provided for in Articles 145 and 146 of the Code of Criminal Procedure of the Russian Federation Michurina O.V. The concept of inquiry in the criminal process of the Russian Federation and the problems of its implementation in the internal affairs bodies. Decree. op. P. 97.

In criminal cases in which the production of a preliminary investigation is mandatory, the interrogator takes urgent investigative actions in accordance with Art. 157 of the Criminal Procedure Code of the Russian Federation. After sending the criminal case to the head investigative body the body of inquiry can carry out certain investigative actions, operational-search and search activities only on behalf of the investigator.

The law (clause 1, part 3, article 40 of the Criminal Procedure Code of the Russian Federation) gives the right to initiate a criminal case and conduct urgent investigative actions of the captains of sea and river vessels on long voyages, on the fact of committing a crime on these vessels.

In accordance with Art. 69 of the Merchant Shipping Code (KTM) of the Russian Federation Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81 - FZ (as amended on November 22, 2010). // Reference and legal system "Consultant Plus", 2010. the captains of sea-going vessels in navigation perform the function of an inquiry body (initiate a criminal case and carry out urgent investigative actions) in the event that an act provided for by criminal law is committed on a ship in voyage RF. The captain or other person performing on his behalf the functions of the body of inquiry, when committing a crime on board the ship entrusted to him by any member of the crew, passengers and all other persons on board, with the exception of persons enjoying diplomatic immunity, performs all urgent investigative actions to establish and fixing the traces of the crime, which in the conditions of long-distance navigation of the vessel may be urgent. During a ship's stay in a foreign port, sea-going captains are guided by the generally recognized international norm that all crew members on board at that time, as well as passengers, are fully subject to criminal laws coastal state, the competent authorities of which are entitled to apply their jurisdiction in relation to the crime committed.

The captains of river vessels on long voyages are vested with the same procedural powers as the captains of sea-going vessels. In accordance with paragraph 2 of part 3 of Art. 40 of the Code of Criminal Procedure of the Russian Federation, the heads of exploration parties and wintering grounds remote from the locations of the inquiry bodies specified in Part 1 of Art. 40 of the Code of Criminal Procedure of the Russian Federation, perform the function of an inquiry body in relation to crimes committed at the location of these parties and winter quarters. They are endowed only with the right to initiate a criminal case and the production of urgent investigative actions Grigoriev V.N., Selyutin A.The. Jurisdiction in criminal proceedings (concept, grounds and procedure for determination, problems of delimitation): Tutorial... M., 2006.S. 88.

It seems that the legislator, without directly including the listed participants in criminal proceedings in the list of inquiry bodies, imposed on them a duty (along with inquiry bodies) Ibid. S. 125. in the event of a crime committed at the location of the object (institution) entrusted to them, perform the functions of an inquiry body, limited by the initiation of a criminal case and the production of urgent investigative actions. This conclusion also follows from the definition of the body of inquiry (paragraph 24 of article 5 of the Criminal Procedure Code), where its concept is associated, first of all, with the production of inquiry, which is not endowed with the subjects listed in part 3 of article 40 of the Criminal Procedure Code.

In this regard, one should heed the proposal not to use the concept of "inquiry bodies" in the CPC, since there are no bodies specially created for conducting an investigation in the form of an inquiry and having an appropriate legal status, but it is necessary to introduce the category of “bodies entrusted with the conduct of an inquiry”, since it is carried out by structures for which the investigation function is secondary See: Mityukova M.A. Problems legal regulation production of inquiry under the Criminal Procedure Code of the Russian Federation / Legal problems strengthening of the Russian statehood. Part 10. Problems of criminal procedure in the light of the new Criminal Procedure Code of the Russian Federation: Sat. articles. Tomsk, 2002.S. 148.

Indeed, the subjects listed in Article 40 of the CPC are far from homogeneous in purely organizational terms, which ultimately determines their jurisdiction. In one case, these are state bodies, institutions and divisions (internal affairs bodies, other executive bodies, bodies of the State fire service), in the other - officials, leaders government agencies and organizations (commanders of military units, formations and chiefs of military institutions or garrisons, bailiffs of various levels).

There is a certain pattern here, and this approach of the legislator has its own explanation. The first group of inquiry bodies consists of institutions, which are entrusted with the law enforcement function on a national scale. All subdivisions of these bodies (institutions) impersonally bear the obligation to respond promptly to messages about illegal actions and make inquiries on them. Their criminal procedural activities are directed towards the external environment. The second group of inquiry bodies - officials - the leaders specified in Part 1 of Article 40 of the Criminal Procedure Code are recognized as such due to the fact that they have a criminal procedural function in connection with the commission of crimes in an institution entrusted to them (military unit), or one of the subordinate subjects (for example, military personnel), or in connection with the specifics of the activities of the institution under control (bailiffs act as bodies of inquiry for crimes against justice).

V in this case the leader, along with the fulfillment of his main duties, bears full responsibility the state of law and order in the institution and unit entrusted to him or in the field of activity that he provides. The criminal procedural activity of this body of inquiry, when the need arises, extends to the management or service of this state entity. This fully applies to the officials specified in Part 3 of Article 40 of the Criminal Procedure Code.

In addition, the analysis of Art. 40 of the Code of Criminal Procedure of the Russian Federation allows us to conclude: taking into account the scope of powers, the participants in criminal proceedings indicated in this article are divided into two groups. The first is formed by those bodies of inquiry that are empowered to initiate criminal cases and conduct an inquiry in in full in criminal cases for which a preliminary investigation is not necessary. The second group consists of such subjects of criminal procedural activity, which are authorized to initiate criminal cases and conduct urgent investigative actions in criminal cases, for which a preliminary investigation is mandatory (part 2 of article 40 of the Criminal Procedure Code of the Russian Federation). A.B. Sergeeva. Chelyabinsk, 2007.S. 68-69. ...

Moreover, the second group possesses distinctive feature - it comes about the subject composition. It is much wider in comparison with the subject composition of the first group. This is due to the fact that urgent investigative actions are competent to carry out not only the bodies of inquiry, such as the bodies of internal affairs, Customs, service bailiffs and others, but also individual officials. For example, captains of sea and river vessels on long voyages, heads of diplomatic consulates, etc. (parts 2, 3 of article 40, article 157 of the Code of Criminal Procedure of the Russian Federation).

Moreover, the criminal procedural function of the subjects listed in Article 40 of the Criminal Procedure Code is only optional, but, of course, it follows from their main activity. It should be agreed that "for most of the executive authorities carrying out inquiries, the performance of this function is not the leading (or one of the leading)" Criminal process / Ed. V.P. Bozhieva. M., 1998.S. 125-126. ...

Summarizing the above, it is possible to propose the following definition of the concept of "body of inquiry". The body of inquiry is a participant in criminal proceedings on the part of the prosecution, authorized to initiate a criminal case and to carry out urgent investigative actions on it, to exercise other procedural powers. According to paragraph 8 of Art. 5 of the Code of Criminal Procedure of the Russian Federation, an inquiry is a form of preliminary investigation carried out by an inquiry officer (investigator) in a criminal case, in which a preliminary investigation is not necessary. Thus, the current criminal procedural law for the first time contains the formulation of this term, defining its essence by only one type of activity of the body of inquiry, namely, the investigation of crimes in full.

2. Proceduralstatuschieforganinquiries

According to paragraph 17 of Article 5 of the Criminal Procedure Code, the head of the body of inquiry is executive body of inquiry, including the deputy head of the body of inquiry, authorized to give orders for the production of inquiry and urgent investigative actions, to exercise other procedural powers provided for by the Criminal Procedure Code (as amended by Federal Law No. 92-FZ of July 4, 2003) Federal Law of 4 July 2003 No. 92-FZ "On Amendments and Additions to the Criminal Procedure Code of the Russian Federation" // SZ RF. 2003. No. 27 (part I). Art. 2706..

In the system of internal affairs bodies, the head of the internal affairs department has the status of the head of the body of inquiry, since he is the head of the department, which the legislator indicated in article 40 of the Criminal Procedure Code of Russia as the body of inquiry.

At the same time, in practice, the question often arises: can the head of the police use the powers of the head of the body of inquiry?

When answering it, it must be borne in mind that the Minister of Internal Affairs directly organizes the work of the Ministry and directs the activities of the internal affairs bodies. He also establishes the powers of his deputies and distributes duties between them, establishes the duties of other officials of the system of the Ministry of Internal Affairs of Russia.

In addition, as follows from clause 17 of article 5 of the Criminal Procedure Code of the Russian Federation, the powers of the head of the body of inquiry (which is the head of the body of internal affairs) are vested with the deputy head of the body of inquiry, that is, the deputy head of the body of internal affairs.

In this regard, it is assumed that the Minister of Internal Affairs of the Russian Federation, by his regulatory legal act(for example, by order) can delegate the powers of the head of the body of inquiry to the relevant leaders, in particular, the chief of police, who directly organizes the work on solving crimes and protecting public order.

Consequently, in addition to the head of the police department, the head of the police also has the status of the head of the body of inquiry.

The downside of the legislator is the lack of a single norm governing the powers of the head of inquiry.

It is possible to determine the limits of the criminal procedural competence of the head of the body of inquiry based on the text of the following norms of the criminal procedural law:

On the basis of paragraph 17 of Article 5 of the Code of Criminal Procedure of the Russian Federation and part four of Article 41 of the Code of Criminal Procedure of the Russian Federation, the head of the body of inquiry may give binding instructions to the inquiry officer (in particular, on the conduct of an inquiry, on the need to perform urgent investigative actions and other instructions);

On the basis of part three of Article 144 of the Criminal Procedure Code of Russia, the head of the inquiry body has the right to extend the period for verifying a crime statement up to 10 days;

On the basis of part four of Article 225 of the Criminal Procedure Code of Russia, the head of the inquiry body approves the indictment, thereby giving the specified document the legal force of the final procedural decision based on the results of the investigation of a crime carried out in the form of an inquiry.

In addition, the head of the body of inquiry has exclusive right personally investigate a criminal case, take any decisions on it provided for by law, guided by the norms addressed both to the body of inquiry and to the person conducting the inquiry. If the head of the inquiry body delegates his right to a subordinate official, he retains the right to control the actions and decisions of the inquiry officer. Inquiry in the internal affairs bodies / Ed. L.A. Chuvileva. Decree. op. P. 14..

An important provision governing the relationship between the head of the inquiry unit and the interrogator is contained in part 4 of article 40.1 of the Criminal Procedure Code of the Russian Federation. According to this norm, the instructions of the head of the inquest unit in a criminal case are given in writing and are binding on the inquiry officer, however, they can appeal against the head of the inquiry body or the prosecutor. At the same time, the appeal of the instructions does not suspend their execution. The interrogator has the right to submit to the head of the body of inquiry or the prosecutor the materials of the criminal case and written objections to the instructions of the head of the subdivision of inquiry.

In practice, in the implementation of this establishment, difficulties arise. The Code of Criminal Procedure of the Russian Federation does not contain a norm governing the legal status of the head of the body of inquiry, to whom the inquiry officer can appeal against the instructions of the head of the unit. Clause 17 of Article 5 of the Code only specifies that the head of the body of inquiry is an official of the body of inquiry, including the deputy head of the body of inquiry, who has the right to give instructions on conducting inquiries and urgent investigative actions, etc.

The main issues concerning his powers in the case under investigation in the form of inquiry are not resolved by the legislator. Does the head of the body of inquiry have the right to exercise procedural guidance of the investigation? What decisions can he make on the complaint of an interrogator who appeals against the instructions of the head of the inquiry unit?

It seems that with the introduction of a new procedural figure for the head of the inquest subdivision, the powers of the head of the inquiry body should have been similarly regulated, including his procedural relations with the head of the subdivision and the interrogator.

For example, in the course of pre-trial proceedings, he needs to approve the indictment drawn up by the interrogating officer (part 4 of article 225 of the Criminal Procedure Code of the Russian Federation); at the request of the investigator, he has the right to extend the period for checking the message about any committed or impending crime up to 10 days (in individual cases- up to 30 days) (part 3 of Art. 144 of the Code of Criminal Procedure of the Russian Federation), in Art. 41 of the Code of Criminal Procedure of the Russian Federation (part 4), it is stated that the instructions of the head of the inquiry body, given in accordance with the Code of Criminal Procedure of the Russian Federation, are obligatory for the inquiry officer. These are the main points that are directly related to the status of the head of the body of inquiry. But more often the law deals with either the body of inquiry or the interrogator. Also, the Code of Criminal Procedure of the Russian Federation does not contain a separate article, which in a specific form would regulate criminal procedural status the head of the body of inquiry. It is believed that the presence of this article would simplify the enforcement of the Criminal Procedure Code of the Russian Federation in the field of inquiry and execution of urgent investigative actions.

Thus, from the above, it is obvious that if the law contains a reference to the body of inquiry, then this should be understood as the powers and duties of the head of the body of inquiry, in connection with which, in the sphere of criminal procedural competence, the concepts of "head of the body of inquiry" and "body inquest "can be considered equivalent. If the head personally makes an inquiry, then he acts as an inquiry body, not an inquiry officer See: Livshits Yu.D., Biyatov T.K. On the essence of inquiry and its subjects // Internal affairs bodies in the context of judicial and legal reform in Russia. Omsk, 1993.S. 46. ...

3. Proceduralstatuschiefsubdivisionsinquiries

In accordance with paragraph 1 of Part 1 of Art. 40, the bodies of inquiry are the internal affairs bodies of the Russian Federation. The police, regardless of the level of internal affairs bodies (city railing organs of internal affairs, directorates (departments, divisions) of internal affairs in closed administrative-territorial formations, security and especially important facilities of the URO (8 GU) of the Ministry of Internal Affairs Russia, the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate of the constituent entities of the Russian Federation, the Internal Affairs Directorate, the Ministry of Internal Affairs (OVD) URO (8 GU) of the Ministry of Internal Affairs of Russia) is structural unit each of them.

The new participant on the part of the prosecution is the head of the inquest unit, introduced by Federal Law No. 90 - FZ of June 6, 2007 Federal Law of 06.06.2007 No. 90-FZ "On Amendments to the Criminal Procedure Code of the Russian Federation" (adopted by the State Duma of the Federal Assembly of the Russian Federation May 18, 2007) / Russian Federation. - Electron, text, dan. - Access mode: http / / www. consultant. ru... ... This participant was introduced in connection with the implementation of the judicial and legal reform. Despite the unambiguously positive significance of the introduction of this participant in the process, it should be noted that the powers granted to him by law do not fully reflect his purpose. The head of the inquiry unit, taking into account the powers granted to him, performs organizational and administrative functions, while control over the activities of the inquiry officers is no longer procedural, but organizational character... As before, the procedural management of the activities of the bodies of inquiry is carried out by the prosecutor, which, in our opinion, is quite justified, since the level of training of inquiry officers is not high. In addition, they are subordinate to the head of the inquiry body, who is interested in high departmental performance, and therefore his interest in the activities of inquiry units is logical Aleksandrov, A.S. Legal status of the head of the inquiry unit in criminal proceedings // Russian investigator. 2007. No. 17. S. 5-6. ...

The implementation of procedural guidance of the inquiry by the prosecutor is the guarantor of compliance with the rule of law, ensuring the procedural independence of the inquiry officer.

Some authors believe that it is necessary to change the balance of powers for the procedural leadership of the inquiry between the prosecutor and the head of the inquiry unit. According to D.A. Grishin, the head of the inquiry unit should be given the right to cancel any illegal decision of the subordinate investigators, which, in his opinion, will make it possible to respond as quickly as possible to violations of the law in the production of the inquiry. Implementation of the principle of legality in the production of an inquiry: Author's abstract. ... dis. Cand. jurid. nauk-M., 2009p. 17. ...

However, we cannot agree with this proposal, since its implementation may create difficulties in decision-making.

At the same time, it should be borne in mind that this power in its essence has a supervisory character, which is not characteristic of: the head of the inquiry unit, but is inherent in the prosecution authorities.

The powers of the head of the body of inquiry in the course of criminal proceedings in accordance with paragraph 17 of Art. 5 of the Code of Criminal Procedure of the Russian Federation is given to the head of the internal affairs body, as well as his deputies.

These officials can assign (delegate) the duties of the head of the inquiry body to another person (the head of the inquiry department at the ROVD). But at the same time, they themselves do not lose the powers of the head of the body of inquiry - they have the right to entrust the production of inquiry to specific officials of their unit and exercise control over the actions of the persons to whom they delegated one or another of their powers Galiakhmetov M.R. Head of the inquiry unit, his powers // Bulletin of OSU No. 3 (109) / March 2010. P.24. ...

Analyzing the powers of the head of the inquiry unit, it should be noted that they are divided into two groups:

- the powers that he exercises in relation to the interrogators subordinate to him;

The powers that he exercises in criminal cases, since it is carried out in the form of an inquiry not only by inquirers, but also by other officials who are entrusted with the powers of an inquiry officer.

In accordance with Part 1 of Art. 40.1 of the Code of Criminal Procedure of the Russian Federation, the head of the unit in relation to the investigators under his authority is authorized:

1) instruct the inquirer to check the crime report, make a decision on it in the manner prescribed by Art. 145 of the Code of Criminal Procedure, the execution of urgent investigative actions or the production of an inquiry in a criminal case. This power is of an organizational nature, since it consists in giving instructions to the inquiry officer to carry out the specified actions;

2) to seize the criminal case from the interrogating officer and transfer it to another interrogating officer with the obligatory indication of the grounds for such transfer. This power can be exercised in the case when it becomes necessary to relieve the investigator in connection with the large number of criminal cases in his possession.

Analysis of the status of the head of the body of inquiry allows us to conclude that he is similar to the procedural status of the head of the investigation department, at the same time, the head of the body of inquiry is not attributed to the participants in the process by the prosecution. However, undoubtedly, in the classification of the participants in the process used by the legislator, the head of the inquiry body is adjacent to the prosecution, his powers to exercise procedural guidance of the inquiry officers are determined by the tasks solved by these officials in the course of the preliminary investigation. Consequently, the activities of the head of the inquiry body are aimed at prompt and complete disclosure and investigation of crimes, exposing the perpetrators of them, ensuring the observance of rights and legitimate interests participants in the preliminary investigation, protecting the innocent from unfounded accusations. The procedural position of the head of the body of inquiry during the investigation of crimes for which a preliminary investigation is not necessary can be characterized as follows - this is an official:

a) responsible for conducting an investigation in the form of an inquiry, the head of the inquiry body, using the powers of the inquiry body, has the right to conduct a criminal investigation in the form of inquiry himself),

b) entrusting the conduct of the inquiry to the inquiry officer;

c) giving consent to the inquiry officer to carry out certain procedural actions;

d) controlling the legality of the production of investigative and procedural actions;

e) confirming the indictment, completing the inquiry Bykov V.M. Head of the body of inquiry as a participant in criminal proceedings on the part of the prosecution // Investigator. 2009. No. 3. P. 37.

It should be noted that the head of the inquiry unit has the right in accordance with Part 2 of Art. 40 of the Code of Criminal Procedure to independently initiate a criminal case, take a criminal case to its own proceedings and make an inquiry, while having the powers of an investigator. We believe that the head of the inquiry body has the right to instruct the head of the inquiry subdivision to accept the criminal case for his own proceedings and conduct an inquiry on it. In this case, the head of the inquest subdivision cannot delegate the proceedings on this criminal case to another inquirer.

The powers that are exercised by the head of the inquiry unit in relation to all persons empowered with the powers of an inquiry officer include:

1) examinationmaterialscriminalAffairs.

This power is exercised both in relation to criminal cases held by the interrogating officers and in relation to criminal cases held by persons empowered with the powers of an inquiry officer. This is due to the following. Since the head of the inquiry body empowers the officials of the inquiry body with the powers of the inquiry officer in connection with the need to ensure timely proceedings on criminal cases in the production of the inquiry division, the head of the inquiry division should exercise control over their activities. In our opinion, the head of the inquiry unit, based on the results of the inspection, should have the right to seize the criminal case from the inquiry officer and transfer it to another inquiry officer if he finds that the person is incapable of making an inquiry. We believe that in this case, the head of the inquiry unit should apply to the head of the inquiry body with a petition to remove the authority from the official to conduct an inquiry and send him to perform his immediate duties;

2) to giveinterrogatordirectionsOdirectioninvestigations, productionindividualinvestigativeactions,aboutelectionv respectsuspectmeasuressuppression, Oqualificationscrimesandaboutvolumeaccusations.

This power can be exercised both in relation to the inquiry officer of the inquest unit, and in relation to an official, empowered Mityukova M.A. Legal Bulletin... 2004. No. 4. S. 12..

The instructions of the head of the inquiry unit are binding. In case of disagreement, the interrogator has the right to appeal against them to the head of the inquiry body or the prosecutor (part 4 of article 40.1 of the Code of Criminal Procedure of the Russian Federation). The legislator indicated that the appeal against the instructions of the head of the inquiry unit does not suspend their execution. It is difficult to agree with this provision. What is the point of appealing if the instructions are to be followed. Consider an appeal as a defense mechanism for an inquiry officer in the event of a negative consequences when following the instructions of the head of the inquiry unit? An interrogator has procedural independence in the production of an inquiry. He carries personal responsibility for the result of the investigation of a crime in a criminal case. We consider it unacceptable to oblige the interrogator to follow the instructions of the head of the inquiry unit if he considers it inappropriate.

In practice, instructions on the investigation of criminal cases are given to interrogators on the production of investigative actions, the qualification of the offense, the application of measures procedural compulsion to the participants in the process, preventive measures to the suspect. It should be noted that such instructions are given by the head of the inquiry unit, who is not endowed with the powers of the head of the inquiry body. Due to this, instructions are given mainly in the form of oral instructions - when summarizing the practice, we did not meet a single criminal case , in which there would be written instructions from the head of the inquiry unit. Moreover, an analysis of practice shows that in fact, procedural control over the activities of interrogators during the investigation of criminal cases is carried out by the heads of the inquest units - it is the head of the inquiry department who exercises systematic control over the legality and validity of the investigation, checks criminal cases, gives instructions on the conduct of investigative and procedural actions. bears personal responsibility to the leadership of the internal affairs bodies for the work of the department Kruglikov A.P. Investigator and head of the legal inquiry body. Problems legal status and interaction // Russian justice. -2006. - No. 6. P. 44. Since the head of the inquest subdivision is not endowed with the powers of the head of the body of inquiry, he should have delegated them by the head of the body of internal affairs, with the exception of the right to approve the indictment. Endowing the head of the inquiry unit with these powers would make it possible to give instructions on the investigation of crimes to the inquiry officers in writing, to set the deadlines for their execution, to decide on disciplinary responsibility with their improper execution, which, of course, would have a positive effect on the results of the work of the bodies of inquiry.

A strict procedure for appealing against the instructions of the head of the inquiry unit should be established, which would not violate the procedural independence of the inquiry officer and ensure the timely resolution of disputes arising in connection with the need to comply with the instructions of the head of the inquiry unit.

An important authority of the head of the body of inquiry is his right to approve the indictment, which completes the investigation in the form of inquiry. The prosecutor also has the right to approve the indictment, however, procedural control by the head of the inquiry body precedes the referral of the criminal case to the prosecutor and acts as a guarantee for the referral to the court of criminal cases investigated in accordance with the requirements of the law D.M.Berov. The function of the prosecution and its implementation in the activities of the inquiry bodies ... // Bulletin of the Academy of Economic Security of the Ministry of Internal Affairs of Russia. 2009. No. 4. P. 33.

Indictment in its own way procedural meaning equated to an indictment - summarizes the preliminary investigation stage, serves as a basis and defines the limits of the trial, systematizes all evidence collected during the investigation, special meaning The indictment consists in the appearance from the moment of its presentation of the indictment, the possibility of acquainting the accused with the charges brought against him, which allows the accused to determine the directions and means of his defense in court.

The receipt of a criminal case with an indictment gives rise to the need for the head of the inquiry body to fulfill a number of duties preceding the adoption of a decision on the confirmation of the indictment. So, the head of the body of inquiry is obliged to check whether an act prohibited by criminal law has taken place, whether there are circumstances leading to termination in the case, whether the inquiry has been made fully and objectively, and whether the accusation is justified by the evidence in the case, whether all criminal acts established by the inquiry are included in the charge. , the crime has been correctly liquidated, whether measures have been taken to ensure civil action whether the reasons and conditions that contributed to the commission of the crime were identified and what measures were taken to eliminate them by the inquiry officer, whether the indictment was drawn up correctly.

The legislator does not consider the situation when the head of the body of inquiry returns the indictment for its re-drawing. However, from our point of view, the head of the body of inquiry is in the right, if there are grounds to make the specified decision and return the criminal case to the inquiry officer with his remarks for re-drafting the indictment and eliminating other existing violations, a different position would violate the requirements of the criminal procedure law. The instructions of the head of the body of inquiry to eliminate the violations must be given in writing.

In this case, the head of the body of inquiry must remember to comply with procedural timeframes proceedings on a criminal case, since his approval of the indictment must be covered by the terms of inquiry, therefore, it is necessary either in the Criminal Procedure Code of the Russian Federation to provide for a period for the implementation of the powers of the head of the inquiry body, or, in order to exercise procedural control, the head of the inquiry body must establish time limits for the provision of a criminal case with an indictment to him ...

When approving the indictment, the head of the organisation department approves it by his own resolution.

The confirmation of the indictment by the prosecutor is the basis for sending the criminal case to the court, if the indictment does not comply with the requirements provided for in Art. 225 of the Code of Criminal Procedure of the Russian Federation, the prosecutor returns the criminal case for re-drafting the indictment with his written instructions. At the same time, the prosecutor can extend the period of inquiry, but not more than 3 days.

Thus, the study of the powers of the head of the inquiry unit allows us to assert that he implements the function of procedural control over the activities of the employees of the inquiry body, carrying out preliminary investigation criminal cases in which a preliminary investigation is not necessary.

Conclusion

In the course of the course work, we examined the legal statuses of the interrogator and the head of the inquiry unit, identified the problems associated with the exercise of their powers, established possible ways of resolving controversial situations. Summing up, it should be noted that the amendments made to the RF Criminal Procedure Code in June 2007 caused a lot of controversy and controversial opinions, both among the indicated participants in criminal proceedings and among lawyers. Are noted positive sides in the new legal statuses of the inquiry officer and the head of the inquiry unit:

For the first time, the legal status of the head of the inquest unit has been legally defined, and the status of other participants in the inquest has been streamlined:

Interrogators have become more self-reliant and independent in their activities.

But the negative aspects of the transformations are also noted:

The prosecutor continues to monitor the observance of the law by the investigators.

The head of the inquest subdivision has much less authority than the head of the investigative body, as a result of which this can negatively affect the production of the inquiry.

To eliminate shortcomings and gaps, the legislator must clarify the legal status of these persons, avoiding controversial situations and defining powers that facilitate the fastest and most effective preliminary investigation.

We believe that only clear and uniform application legislative provisions in the field of criminal proceedings, it is able to ensure the strict observance of the rights and freedoms of the individual in the framework of the criminal process and, ultimately, legality.

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21. The body of inquiry. Interrogator. Head of the body of inquiry. Head of the Inquiry Division.

Bodies of inquiry- these are state bodies and officials authorized to carry out inquiries and other procedural powers (paragraph 24 of article 5 of the Criminal Procedure Code).

Credentials(Articles 40, 151 of the Code of Criminal Procedure): 1) the internal affairs bodies of the Russian Federation, as well as other executive bodies, endowed in accordance with the federal law with the powers to carry out operational-search activities (according to the Federal Law "On ORD" these bodies include: FSB bodies , federal state security authorities, customs authorities of the Russian Federation, the Foreign Intelligence Service of the Russian Federation, the Ministry of Justice of the Russian Federation, as well as bodies for control over the circulation of narcotic drugs and psychotropic substances); 2) the chief bailiff of the Russian Federation, the chief military bailiff, the chief bailiff of the constituent entity of the Russian Federation, their deputies, the senior bailiff, the senior military bailiff, as well as senior bailiffs of the Constitutional Court of the Russian Federation, The Supreme Court RF and Higher Of the Arbitration Court RF; 3) commanders of military units, formations, chiefs of military institutions or garrisons; 4) bodies of the State Fire Service; 5) bodies for control over the circulation of narcotic drugs and psychotropic substances; 6) border authorities of the federal security service; 7) customs authorities of the Russian Federation.

Interrogator- an official of the body of inquiry, authorized or authorized by the head of the body of inquiry to carry out a preliminary investigation in the form of inquiry, as well as other powers provided for by the Criminal Procedure Code (clause 7 of article 5).

The heads of the bodies of inquiry, in other words, the heads of these bodies, their deputies and staff interrogators, are authorized (by position) to conduct inquiries. In addition, the head of the body of inquiry, delegating his powers, may authorize his subordinate to conduct an inquiry.

Powers: 1) independently carry out investigative and other procedural actions and take procedural decisions, except for cases when it is required to obtain the consent of officials in criminal cases, in which the preliminary investigation is not necessary; 2) the implementation of urgent investigative actions in criminal cases, in which the production of a preliminary investigation is mandatory.

Head of the body of inquiry- an official of the body of inquiry, authorized to give instructions for the production of inquiry, as well as urgent investigative actions and endowed with separate procedural powers (paragraph 17 of article 5, part 4 of article 225 of the Criminal Procedure Code).

Powers: 1) criminal procedural rights exercised at the stage of initiation of a criminal case (extension of up to 10 days of the preliminary check period upon a message or application (Art. 144 of the Criminal Procedure Code of the Russian Federation); requesting documents and materials from the media confirming the report of a crime (Part 2 of Art. 144 of the Code of Criminal Procedure of the Russian Federation); the right and obligation to consider the issue of knowingly false denunciation (Article 147 of the Code of Criminal Procedure of the Russian Federation), sends the head of the investigative body a criminal case after urgent investigative actions, and in the case of sending to the head of the investigating body a criminal case for which a person has not been found, the body of inquiry that committed the crime is obliged to take search and operational-search measures to identify the person who committed the crime, notifying the investigator of their results (part 3.4 of article 157 of the Criminal Procedure Code of the Russian Federation); 2) criminal procedural rights of the head of the body of inquiry, implemented at the stage of preliminary investigation (order to carry out urgent investigative actions and operational events, (part 1 of Art. 152, part 4 of Art. 157 of the Code of Criminal Procedure of the Russian Federation, respectively), approval of the indictment (part 4 of article 225 of the Code of Criminal Procedure of the Russian Federation); 3) the criminal procedural rights of the head of the body of inquiry, exercised by him when moving a criminal case from the body of inquiry to the prosecutor's office, judicial bodies and from judiciary and the prosecutor's office to the body of inquiry (Articles 306, 321 of the Code of Criminal Procedure of the Russian Federation); 4) the criminal procedural rights of the head of the body of inquiry, exercised by him in the process of ensuring the safety of the victim, witnesses and other participants in criminal proceedings (the right and duty to consider applications of the body implementing security measures in relation to participants in criminal actions or their cancellation).

Head of the Inquiry Division- an official of the body of inquiry, heading the corresponding specialized unit, which carries out preliminary investigation in the form of inquiry, as well as his deputy (clause 17.1 of article 5 of the Criminal Procedure Code).

Powers: 1) instruct the inquiry officer to check the crime report, make a decision on it, or conduct an inquiry in a criminal case; 2) to seize the criminal case from the interrogating officer and transfer it to another interrogating officer; 3) check the materials of the criminal case; 4) give instructions to the inquirer on the direction of the investigation, the performance of certain investigative actions, on the selection of a preventive measure against the suspect, on the qualification of the crime and on the scope of the accusation; 5) cancel the unfounded decisions of the inquiry officer to suspend the investigation in a criminal case; 6) submit a petition to the prosecutor to cancel the illegal or unjustified decisions of the inquirer on refusal to initiate a criminal case. The instructions of the head of the inquest unit in a criminal case are given in writing and are binding on the inquirer, but may be appealed by him to the head of the inquest body or the prosecutor. Appealing the instructions does not suspend their execution.

According to paragraph 24 of Article 5 of the CCP, the bodies of inquiry are state bodies and officials authorized in accordance with the CCP to carry out inquiry and other procedural powers. Unlike the investigator, the body of inquiry carries out procedural activity along the way with its main functions.

The powers of the bodies of inquiry belong to the subjects, which can be divided into two groups (Article 40): the bodies of executive power, endowed in accordance with federal law with the powers to carry out operational-search activities; officials of certain state bodies and formations: Chief bailiff of the Russian Federation, chief military bailiff, chief bailiff of the constituent entities of the Russian Federation, deputies, senior bailiff, senior military bailiff
bailiff, as well as senior bailiffs of the Constitutional
Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court
RF, commanders of military units, formations and garrisons, officials of state fire supervision bodies of the federal fire service; officials - heads of state institutions: chiefs of the military
institutions, heads diplomatic missions and consular offices of the Russian Federation, as well as some other state and non-state formations (captains of sea and
river vessels on long voyage, heads
exploration parties and winter quarters).

The operational divisions have the authority to carry out operational-search activities:

1. of the internal affairs bodies of the Russian Federation. The main part of the functions of organs
Inquiries in the system of internal affairs bodies are carried out by the militia, which includes the criminal militia and the militia public safety;

2. bodies of the federal security service;

3. federal bodies of state protection;

4. customs authorities of the Russian Federation;

5. bodies for control over the circulation of narcotic drugs and psychotropic substances;

6. Federal Penitentiary Service;

7. The foreign intelligence agency of the Ministry of Defense of the Russian Federation (Article 13 of the Federal Law "On Operational-Investigative Activities").

The bodies of inquiry are obliged to:

Consider and resolve statements (messages) about crimes (Art. 144-145);

To carry out urgent investigative actions (clauses 1, 2, article 157);

Carry out investigative actions and operational-search measures on behalf of the investigator (part 4 of article 157);

In the event that a criminal case is sent to the head of the investigative body in which the person who committed the crime has not been found, take search and operational-search measures
to identify the person who committed the crime by notifying
the investigator about their results (part 4 of article 157);

Fulfill the written instructions of the investigator on the conduct of operational-search measures, the performance of certain investigative actions, on the execution of detention orders,
the drive, about arrest, about the performance of other procedural actions, as well as to provide the investigator with assistance in their implementation (paragraph 4 of part 2 of article 38, part 7 of article 164);

Make an inquiry (Ch. 32).

Investigation in the form of an inquiry is carried out by interrogators not of all inquiry agencies, but only: internal affairs agencies, border agencies of the federal security service, bailiff service, customs authorities, state fire control agencies of the federal fire service, agencies for control over the circulation of narcotic drugs and psychotropic substances ( p. 1-6, 8 h. Zet. 151).

The right to initiate criminal cases and to carry out urgent investigative actions in cases attributed to their jurisdiction belong to the internal affairs bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, bodies of the federal security service; customs authorities, commanders of military units and formations, chiefs of military institutions and garrisons; heads of institutions and bodies of the penal system (federal service for the execution of punishments), other officials named above, who, on the basis of Art. 40 have powers of inquiry.

The body of inquiry acts in the person of the chief. Head of the body of inquiry - an official of the body of inquiry, including the deputy head of the body of inquiry, authorized to give instructions on the production of inquiry and urgent investigative actions, to exercise other powers provided for by the Criminal Procedure Code.

The head of the inquiry unit is an official of the inquiry body, who heads the corresponding specialized unit, which carries out preliminary investigation in the form of inquiry, as well as his deputy (clause 17.1 of article 5). The head of the inquest subdivision is authorized to entrust the inquirer with the proceedings on the material of the check or a criminal case; to cancel the unfounded decisions of the inquiry officer to suspend the proceedings on the case; submit a petition to the prosecutor to cancel the rest of the orders of the inquiry officer. In this case, the head of the inquiry unit has the right to check the materials of the criminal case and give instructions to the inquiry officer. These instructions are given in writing and are binding on the inquiry officer (article 40.1 of the Criminal Procedure Code).

The head of the inquest subdivision has the right to personally initiate a criminal case, take it to his own proceedings and carry out an inquiry in full, while having the powers of an inquiry officer.

Interrogator- this is an official of the body of inquiry, authorized or authorized by the head of the body (subdivision) of inquiry or his deputy to carry out preliminary investigation in the form of inquiry, as well as other powers provided for by the Criminal Procedure Code.

It is not allowed to delegate the authority to conduct an inquiry to the person who conducted or is conducting operational-search measures in this criminal case. In terms of his powers, the interrogator is very close to the investigator. The main difference is that the interrogating officer is less procedurally independent than the investigator, since all the instructions of the prosecutor, the head of the body (unit) of inquiry, given in the manner prescribed by law, are mandatory for him, and their appeal does not suspend execution.

Question 362. Investigator, head of the investigative body, procedural status. The head of the inquest unit, the body of inquiry and the interrogator: procedural status.

Investigator.

Investigator - an official authorized to carry out a preliminary investigation in a criminal case, as well as other powers provided for by the CPC (paragraph 40.1 of Art. 5 of the CPC).

An investigator is an official authorized, within the competence provided for by the CPC, to carry out a preliminary investigation in a criminal case (part 1 of article 38 of the CPC).

The investigator is authorized to:

1) initiate a criminal case in accordance with the procedure established by the Criminal Procedure Code;

2) to accept the criminal case for its own proceedings or transfer it to the head of the investigative body for referral under investigation;

3) independently direct the course of the investigation, make a decision on the conduct of investigative and other procedural actions, except for cases when, in accordance with the CCP, it is required to obtain a court decision or the consent of the head of the investigative body;

4) give the body of inquiry, in the cases and in the procedure established by the Criminal Procedure Code, binding written instructions on conducting operational-search measures, carrying out certain investigative actions, on executing orders on detention, drive, arrest, on the performance of other procedural actions, as well as to receive assistance in their implementation;

5) to appeal, with the consent of the head of the investigative body, in the manner prescribed by part four of Article 221 of the CCP, the prosecutor's decision to cancel the decision to initiate a criminal case, to return the criminal case to the investigator for additional investigation, to change the scope of the charge or the qualification of the actions of the accused or to reconstitute indictment and elimination of the identified deficiencies;

6) exercise other powers provided for by the CPC.

In case of disagreement with the requirements of the prosecutor to eliminate violations of federal law committed during the preliminary investigation, the investigator is obliged to submit his written objections to the head of the investigative body, who informs the prosecutor about this (part 3 of article 38 of the Criminal Procedure Code).

The head of the investigative body.

The head of an investigative body is an official who heads the relevant investigative unit, as well as his deputy (clause 38.1, article 5 of the Criminal Procedure Code).

The head of the investigative body is authorized (part 1 of article 39 of the Criminal Procedure Code):

1) entrust the preliminary investigation to an investigator or several investigators, as well as to seize the criminal case from the investigator and transfer it to another investigator with the obligatory indication of the grounds for such transfer, to create an investigation group, change its composition, or accept the criminal case for its own proceedings;

2) check the materials of the verification of the crime report or the materials of the criminal case, cancel the illegal or unfounded decisions of the investigator;

2.1) cancel illegal or unjustified decisions of the head, investigator (interrogator) of another preliminary investigation body in the criminal cases pending in the proceedings of a subordinate investigative body;

3) give instructions to the investigator about the direction of the investigation, the performance of certain investigative actions, the involvement of a person as an accused, the election of a preventive measure against the suspect, the accused, the qualification of the crime and the scope of the charge, personally consider reports of a crime, participate in the verification of a report of a crime ;

4) give consent to the investigator to initiate before the court a petition to elect, to extend, to cancel or change a measure of restraint, or to perform any other procedural action that is allowed on the basis of a court decision, to personally interrogate a suspect or accused without taking a criminal case to his own proceedings when considering the issue of giving consent to the investigator to initiate the said petition before the court;

5) resolve the recusals declared to the investigator, as well as his self-recusations;

6) remove the investigator from further investigation if he has violated the requirements of the Criminal Procedure Code;

7) cancel illegal or unjustified decisions of the subordinate head of the investigative body in the manner prescribed by the Criminal Procedure Code;

8) extend the period of preliminary investigation;

9) to approve the decision of the investigator to terminate the criminal proceedings;

10) give consent to the investigator who carried out the preliminary investigation of the criminal case to appeal, in accordance with the procedure established by part four of Article 221 of the CCP, the decision of the prosecutor issued in accordance with paragraph 2 of part one of Article 221 of the CCP;

11) return the criminal case to the investigator with his instructions on the conduct of additional investigation;

12) exercise other powers provided for by the CPC.

The head of the investigative body has the right to initiate a criminal case in accordance with the procedure established by the Criminal Procedure Code, to accept the criminal case for his own proceedings and to carry out a preliminary investigation in full, while having the powers of an investigator or head of an investigative group provided for by the Criminal Procedure Code.

The instructions of the head of the investigative body in a criminal case are given in writing and are binding on the investigator. The instructions of the head of the investigative body may be appealed by him to the head of a higher investigative body. Appealing the instructions does not suspend their execution, except in cases where the instructions relate to the seizure of a criminal case and its transfer to another investigator, the involvement of a person as an accused, the qualification of the crime, the scope of the charge, the choice of a preventive measure, the production of investigative actions, which are allowed only under judgment, as well as referral of the case to the court or its termination. In this case, the investigator has the right to submit to the head of a higher investigative body the materials of the criminal case and written objections to the instructions of the head of the investigative body.

The head of the investigative body shall consider, within a period of no later than 5 days, the prosecutor's demands to cancel an illegal or unjustified decision of the investigator and to eliminate other violations of federal law committed in the course of pre-trial proceedings, as well as written objections of the investigator to specified requirements and informs the prosecutor about the cancellation of the illegal or unjustified decision of the investigator and the elimination of the violations committed, or makes a reasoned decision on disagreement with the requirements of the prosecutor, which within 5 days sends to the prosecutor.

The powers of the head of an investigative body provided for in Article 39 of the CCP are exercised by the Chairman of the Investigative Committee of the Russian Federation, heads of investigative bodies of the Investigative Committee of the Russian Federation for the constituent entities of the Russian Federation, districts, cities, their deputies, as well as heads of investigative bodies of the relevant federal executive bodies (with appropriate federal bodies executive power), their territorial bodies by the constituent entities of the Russian Federation, by districts, cities, their deputies, other heads of investigative bodies and their deputies, the scope of procedural powers of which is established by the Chairman of the Investigative Committee of the Russian Federation, heads of investigative bodies of the relevant federal executive bodies (under the relevant federal executive bodies) (part . 5 article 39 of the Criminal Procedure Code).

Head of the Inquiry Division.

The head of the inquest subdivision in relation to the investigators under his authority is authorized (Article 401 of the Criminal Procedure Code):

1) instruct the inquiry officer to check the crime report, make a decision on it in the manner prescribed by Article 145 of the CCP, carry out urgent investigative actions or conduct an inquiry in a criminal case;

2) to seize the criminal case from the interrogating officer and transfer it to another interrogating officer with the obligatory indication of the grounds for such transfer;

3) cancel the unfounded decisions of the inquiry officer to suspend the investigation in a criminal case;

4) submit a petition to the prosecutor to revoke the illegal or unjustified decisions of the inquirer on refusal to initiate a criminal case.

The head of the inquest subdivision has the right to initiate a criminal case in accordance with the procedure established by the Criminal Procedure Code, to accept the criminal case for his own proceedings and to conduct an inquiry in full, while having the powers of an inquiry officer, and in cases where a group of inquiry officers was created to investigate a criminal case, with the powers of the head of this groups.

When exercising the powers provided for in article 40.1 of the CCP, the head of the inquiry unit has the right (part 3 of article 40.1 of the CCP):

1) check the materials of the criminal case;

2) give instructions to the inquirer on the direction of the investigation, the performance of certain investigative actions, on the selection of a preventive measure against the suspect, on the qualification of the crime and on the scope of the accusation.

The instructions of the head of the inquest unit in a criminal case are given in writing and are binding on the inquirer, but may be appealed by him to the head of the inquest body or the prosecutor. Appealing the instructions does not suspend their execution. In this case, the interrogator has the right to submit to the head of the inquiry body or the prosecutor the materials of the criminal case and written objections to the instructions of the head of the inquiry unit (part 4 of article 40.1 of the Criminal Procedure Code).

The body of inquiry.

Inquiry bodies - state bodies and officials authorized in accordance with the Criminal Procedure Code to carry out inquiries and other procedural powers (paragraph 24 of Article 5 of the Criminal Procedure Code).

The bodies of inquiry are (Article 40 of the Criminal Procedure Code):

1) the internal affairs bodies of the Russian Federation and their constituent territorial, including linear, police departments (departments, departments), bodies for control over the circulation of narcotic drugs and psychotropic substances, including territorial and inter-district, city (regional) bodies for control over the circulation of narcotic drugs and psychotropic substances, as well as other executive bodies vested, in accordance with federal law, with powers to carry out operational-search activities;

2) bodies of the Federal Bailiff Service;

3) commanders of military units, formations, chiefs of military institutions or garrisons;

4) bodies of state fire supervision of the federal fire service.

The bodies of inquiry are entrusted with (part 2 of article 40 of the Criminal Procedure Code):

1) inquest in criminal cases in which the preliminary investigation is optional - in the manner prescribed by Chapter 32 of the Criminal Procedure Code;

2) the implementation of urgent investigative actions in criminal cases, in which the preliminary investigation is mandatory, in the manner prescribed by Article 157 of the Criminal Procedure Code;

3) the exercise of other powers provided for by the CPC.

Initiation of a criminal case in accordance with the procedure established by Article 146 of the Criminal Procedure Code, and the implementation of urgent investigative actions are also imposed on (part 3 of Article 40 of the Criminal Procedure Code):

1) captains of sea and river vessels on long voyages - in criminal cases of crimes committed on these vessels;

2) heads of geological exploration parties and wintering grounds, heads of Russian Antarctic stations and seasonal field bases, remote from the locations of the inquiry bodies specified in part one of Art. 40 of the Code of Criminal Procedure - in criminal cases about crimes committed at the location of these parties, wintering grounds, stations, seasonal field bases;

3) heads of diplomatic missions and consular offices of the Russian Federation - in criminal cases on crimes committed within the territories of these missions and institutions.

Interrogator.

The powers of the body of inquiry, provided for by paragraph 1 of part two of Article 40 of the Criminal Procedure Code, are vested in the inquirer by the head of the body of inquiry or his deputy (part 1 of article 41 of the Code of Criminal Procedure).

It is not allowed to delegate the authority to conduct an inquiry to the person who conducted or is conducting operational-search measures in this criminal case.

The investigator is authorized (part 3 of article 41 of the Criminal Procedure Code):

1) independently carry out investigative and other procedural actions and make procedural decisions, except for cases when, in accordance with the CCP, this requires the consent of the head of the inquiry body, the consent of the prosecutor and (or) a court decision;

2) exercise other powers provided for by the CPC.

The instructions of the prosecutor and the head of the body of inquiry, given in accordance with the Criminal Procedure Code, are obligatory for the inquiry officer. In this case, the inquirer has the right to appeal against the instructions of the head of the body of inquiry to the prosecutor, and the instructions of the prosecutor to the higher prosecutor. An appeal against these instructions does not suspend their execution (part 4 of article 41 of the Criminal Procedure Code).

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