Affiliation:
1. Vladivostok Branch of the Far Eastern Legal Institute of the Ministry of Internal Affairs of Russia
Abstract
The author discusses the question of enforcing the procedural independence of investigators which, in the current situation, has practically ceased to exist. Using the results of a sociological survey and statistical data, the author shows that there is a considerable shortage of personnel in the investigatory departments of internal affairs’ bodies and the Investigatory Committee of the Russian Federation, which leads to a high workload for investigators of criminal cases. The author describes the procedure by which the prosecutor assigns the investigator inappropriate functions, like handing the accused a copy of the indictment or ensuring his/her appearance before the prosecutor to obtain a copy of the final decision (using the examples of investigative divisions of the Internal Affair’s Department for Primorsky Region).
The author concludes that, in order to encourage experienced investigators to stay in their jobs, and to enhance their prestige and authority, it is necessary to consider increasing their salaries compared to other personnel of the Agency, which will eliminate the shortage of staff, and also to include in legislation the criminal law mechanisms of increasing the procedural independence of the investigator.
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