The revision of separate requirements for the position of investigator
- Authors: Babich N.V.1
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Affiliations:
- Peoples’ Friendship University of Russia (RUDN University)
- Issue: Vol 25, No 2 (2021)
- Pages: 521-540
- Section: PROCEDURAL LAW. PROSECUTOR SUPERVISION
- URL: https://journals.rcsi.science/2313-2337/article/view/327160
- DOI: https://doi.org/10.22363/2313-2337-2021-25-2-521-540
- ID: 327160
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Abstract
Issues and problems in the field of organization and activities of the preliminary investigation bodies in terms of implementation of the legal status of the investigator, as well as ways for their resolution are constantly in the focus of lawyers. The current state concept for training investigative personnel along with the system of qualification requirements for the position of an investigator of the Investigative Committee of Russia (hereinafter - the IC of Russia) have serious shortcomings. The fact is that there are no interrelated educational stages for a candidate for this job; there is neither any mandatory requirement for practical experience and career ladder in this field. As a result, a large number of investigators serving in the Investigative Committee of Russia simply do not have reasonable qualification and, accordingly, are not prepared for investigative work, which ultimately leads to a general decrease in the quality and effectiveness of preliminary investigation. This is absolutely unacceptable for a developed democratic and law-governed state. Lacking relevant practical experience and task-oeirented training, novice investigators are trusted to make important procedural decisions that significantly affect the life of a particular person. In this regard, a properly developed state concept, as well as a system of qualification requirements for the position of an investigator, including interrelated stages of its achievement, will contribute to the formation of highly qualified and trained investigative personnel that will favourably effect the entire preliminary investigation service.
About the authors
Nikita V. Babich
Peoples’ Friendship University of Russia (RUDN University)
Author for correspondence.
Email: babich_nv@pfur.ru
ORCID iD: 0000-0001-5043-1720
Candidate of Legal Science, Assistant at the Department of Judicial Power, Law-Enforcement and Human Rights Activities, Law Institute
6 Miklukho-Maklaya str., Moscow, 117198, Russia FederationReferences
- Abakumova, I.V. & Kagermazova, L.Cz. (2008) Meaning of communication in educational process: theory and technology of the directed translation of senses in training. Moscow, Nalchik Publ. (in Russian).
- Azarov, V.A. (2008) Investigator as a participant in the modern criminal process in Russia. Vestnik of OSU. (3), 7-10. (in Russian).
- Bagmet, A.M. (2014) Investigator - judge at the pre-trial stage. Crime investigation: problems and solutions. (4). 337-339. (in Russian).
- Dyablova, Yu.L. (2017) Identity of the investigator and his professional thinking as an object of forensic investigation. Izvestiya Tula State University. Economic and legal Sciences. (2-2). 75-81. (in Russian).
- Gavrilov, B.Ya. (2002) On some problematic issues of criminal procedure legislation of the Russian Federation. Legal consultant. (1). 9-14. (in Russian).
- Efanova, V.A. (2015) L.D. Kokorev's Ideas about the moral principles of criminal procedure activity of the Prosecutor and not only. Judicial power and criminal procedure. (4), 172-177. (in Russian).
- Ignatov, S.D. (2014) Requirements for the investigator's identity. Bulletin of the Udmurt University. Series "Economics and law”. (2), 133-141. (in Russian).
- Ishchenko, E.P. (2017) On the problem of quality of preliminary investigation of crimes. Courier of the Kutafin Moscow State Law University (MSAL). 5 (33), 120-134. (in Russian).
- Kharatishvili, A.G. (2017) On the question of formation of professional qualities of the investigator in the context of the establishment of the St. Petersburg Academy of the Investigative Committee of the Russian Federation. Pravda i zakon. (1), 51-53. (in Russian).
- Klimanov, A.M. & Peshkov, D.V. (2017) Some issues of organization of additional professional education in the system of the Investigative Committee of the Russian Federation. Society: sociology, psychology, pedagogy. (9), 74-79. (in Russian).
- Koni, A.F. (1967) Collected Works in eight volumes. T. 4. Bazanov, V.G., Smirnov, L.N., Chukovsky, K.I. (eds.). Moscow, Yuridicheskaya literatura Publ. (in Russian).
- Kurnysheva, E.A. & Rodionova, Y.V. (2016) Formation of Vocational Education for Investigators of the Investigative Committee of the Russian Federation in the Volga Federal District. Lex Russica. 4 (113), 138-150. DOI: https://doi.org/10.17803/1729-5920.2016.113.4.138-150 (in Russian).
- Lyublinskiy, P.I. (1915) Systematic commentary on the Statute of criminal proceedings. Gernet M. (ed.). Moscow, Printing house A.I. Mamontov. (in Russian).
- Muravyov, N.V. (1886) On the judicial service. Moscow, Printing house A.I. Mamontov and K. (in Russian).
- Ogorodov, A.N. (2018) Procedural independence of the investigator in criminal proceedings. Abstract diss … cand. legal of sciences. Moscow, University of the Prosecutor's Office of the Russian Federation. (in Russian).
- Rossinskiy, S.B. (2017) On the concept of training professional investigative personnel for modern Russia. In: Bastrykin, A.I. (ed.). Investigation in Russia: three centuries in search of a concept: Materials of the scientific and practical Conf. Moscow, Moscow Academy of the Investigative Committee of the Russia. Pp. 271-273. (in Russian).
- Sazin, S.T. (2011) Investigative agencies of the USA, Germany and the Russian Federation as the main tool for protecting human and civil rights and freedoms. Scientific Notes of Orel State University. Series: Humanities and social Sciences]. (6), 340-344. (in Russian).
- Shishkina, E.V. (2018) Professional training of investigators in the conditions of modern educational policy. Russian law: education, practice, science. (2), 88-94. (in Russian).
- Shoronov, O.V. (2016) Legal regulation of the activities of the Investigative Committee of the Russian Federation. Science. Society. State. 1 (13), 48-54. (in Russian).
- Tatyanina, L.G. (2015) Moral principles of the investigator's activity. Judicial authority and criminal process. (4), 137-140. (in Russian).
- Tsvetkov, Yu.A. (2017) Te purpose and objectives of higher education in the system of the Investigative Committee of the Russian Federation. Pravda i zakon. (1), 54-57. (in Russian).
- Vaxmyanina, N.B. (2014) Organization of adaptation of young investigators. In: Modern problems of organization of investigative activities: Materials of scientific and practical Conf. Ekaterinburg, Al`fa-Print Publ. Pp. 26-34. (in Russian).
- Vinogradova, A.A. (2001) Institute of professional development as an element of personnel training in the field of law enforcement. Abstract diss. ... cand. legal of sciences. Moscow: Russian Academy of Advocacy and Notaries. (in Russian).
- Zaytsev, Ye.A., Kiselev, Ya.S., Korenevskiy, Yu.V. & Strogovich, M.S. (1974) Forensic Ethics Issues. Strogovich, M.S. (ed.). Moscow, Nauka Publ. (in Russian).
- Zelenskiy, V.D. (2016) Quality of crime investigation: concept and determining factors. In: The quality of the investigation: criminalistics and criminal-procedural problems: Materials of vseros. scientific-practical conf. Krasnodar. Pp. 6-9. (in Russian).
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