Abstract
the author proceeds from the impossibility of creating of the perfect construction of the preliminary investigation, so long as it always combines the antagonistic activities of the investigator: the disclosure of the crime and the guaranteeing of the rights of the accused, which are limited in the course of the investigation. Taking into account this consideration, the author analyzes the advantages and disadvantages of different models of legal regulation of the pre-trial proceedings of our country at the most important historical stages of its transformation. The reckoning of the investigator in the part of subjects of the prosecution under the Code of Criminal Procedure of Russian Federation is critically evaluated. On the basis of the research of the historical experience and of the actual legislation the author concludes that the reformation of the investigating bodies should follow the course of the increase of the independence of the investigator for his exploratory activity, even if it is related with some accusatory elements, became more efficient.
Keywords
рreliminary inquiry, division of procedural functions, procedural independence, investigation, prosecution
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