Authorities of Employees of the Inquiry Bodies at the Stage of Excitation of Criminal Case

• Published in: Sibirskoe ûridičeskoe obozrenie (Online) Vol. 17; no. 2; pp. 223 - 229
• Main Author: Aleksandrova, Lyudmila A.
• Format: Journal Article
• Language: English; Russian
• Published: Omsk Law Academy 01-06-2020
• Subjects: criminal procedure law; criminal proceedings; job descriptions; refusal to initiate criminal proceedings; the division of inquiry; the staff of division of inquiry; the system of participants in criminal proceedings
• ISSN: 2658-7602; 2658-7610
• DOI: 10.19073/2658-7602-2020-17-2-223-229

The article is devoted to the problem of uncertainty in the question of the subjects of a criminal case that primarily relates to the division of inquiry, because the criminal procedure legislation of the Russian Federation allows both verification of crime reports, and making the results of this activity the decisions of division of inquiry. In practice there are cases when accepted the final decision about refusal in excitation of criminal case employees of division of inquiry, including materials about the crimes of the defendants to the investigators. Code of Criminal Procedure of the Russian Federation does not contain the term employees of division of inquiry, in that time, their position, rights and duties are very diverse, often preference is given to departmental interests. This practice has developed largely because of the contradictions inside existing criminal procedure legislation and the simultaneous action of many job descriptions and regulations, rules which the employees of division of inquiry often give priority. The article examines these contradictions, and also departmental orders precluding the uniform application of the provisions of the Code of Criminal Procedure of the Russian Federation in the decision of a question on excitation or refusal in excitation of criminal case.