Problematic Question of Understanding of the Investigator's Interaction with the Prosecutor, the Investigating Judge and Other Participants in Criminal Proceedings

The problematic question of the investigator's interaction with the prosecutor, the investigating judge and other participants in the criminal proceedings is stated. Particular attention is paid to the main provisions of the relationship between the concept of procedural independence of the investigator and his interaction in this aspect with the prosecutor and the investigating judge, when obtaining permission to conduct certain investigative and covert investigative actions, as well as in the application of criminal proceedings, primarily precautions.

It is emphasized that one of the problems of the mechanism of interaction between the investigator and the prosecutor is that the legislator does not always clearly define the form and procedure of such interaction, which must take place within certain criminal proceedings and comply with the general principles of criminal justice.

It is noted, that a separate criminal procedural element that should balance the procedural independence and autonomy of the investigator and the procedural function of the prosecutor's supervision in criminal proceedings is the procedure for appealing the prosecutor's decisions.

Indicated, that the narrowing of the investigator's powers and the restriction of his independence in making procedural decisions require him to cooperate effectively with the prosecutor and the investigating judge, for the purpose of a comprehensive, complete, prompt investigation of the criminal offense. An analysis of the investigator's interaction with the prosecutor and the investigating judge in the pre-trial investigation revealed many other shortcomings that need to be addressed immediately.

From the above it follows the need to adopt a special law, which should clearly regulate the status of the investigator, define key concepts, including the concept of procedural independence and procedural independence, which will reduce the negative impact on the investigator.