RUDN Journal of Law (Mar 2023)
Features of the experience of Kazakhstan and Belarus in the implementation of the concept of a unified body of preliminary investigation
Abstract
Formulation and consideration of various issues related to the improvement of the investigative apparatus of Russia are in the constant attention of representatives of legal science. The current state concept and the practical model of the country's investigative apparatus built on its basis require significant improvement in order to resolve existing organizational and procedural challenges. The purpose of the research is to identify and analyze the stages of construction, the positive and negative aspects of organization and activities of single and independent agencies of preliminary investigation in foreign countries, as well as the genesis and trends of their development. Based on the results obtained, the study formulates proposals for improving the investigative apparatus of the country regarding the Investigative Committee of Russia. To achieve this goal, the research explores the experience of organizing unified and independent preliminary investigation agencies in the countries of the former USSR and the West. All the results and conclusions were obtained using general scientific methods of scientific research: dialectical, logical, systemic, as well as private scientific and special such as comparative legal, formal legal, statistical, interpretation and a number of others. The author comes to the conclusion that organization and activities of the Investigative Committees of Russia and Belarus are basically similar, but there are some positions that differ significantly. Negative experience of building a unified and independent investigative committee was demonstrated in the Republic of Kazakhstan. The reason was insufficient attention paid to preparations on the part of the leadership to creation of such an agency. Thus, combination of functions of inquiry, operational-search, investigative, statistics and expert, as well as transfer of some of the important and inalienable powers of the prosecutor's office when creating such a law enforcement agency is unacceptable.
Keywords
