Some Gaps in the Legal Regulation of the Participation of a Psychologist in Criminal proceedings Against Minors
Relevance. The article is devoted to the problems of participation of a psychologist in the course of preliminary investigation in cases of juvenile crimes, determining the status of a psychologist as a specialist, the procedural order of his participation in the case, and the tendency to expand the amount of assistance provided to participants in criminal proceedings. The purpose of the article is to determine the legal regulation of the participation of a psychologist in criminal proceedings against minors, to consider the norms of criminal procedure legislation regulating his legal status and the procedure for participation as a specialist in criminal cases of this category. Objectives: to consider the application of the norms of criminal procedure legislation in terms of involving a psychologist as a specialist in a criminal case of a crime committed by a minor, the goals and scope of his participation in investigative actions. In particular, aspects of the procedure for admitting a psychologist to participate in a case related to their qualifications and initiation of their participation in a criminal case are discussed. The author notes that the activity of a psychologist is aimed both at studying the personality of a minor suspect (accused), and at ensuring his constructive interaction with the authorities and officials conducting the investigation. At the same time, the author points to the potential of a psychologist to prevent violations of the rights of minors in the process of giving evidence. These issues have not received detailed legislative regulation, which does not ensure the proper degree of uniform application of the law and the optimal procedure for legal proceedings against minors, as well as the effective implementation of their rights. The research method is the analysis of the provisions of criminal procedure legislation, international acts and other normative acts on the subject of research. The results of the study allow us to conclude that it is necessary to develop legislation and consolidate the legal status of a psychologist in criminal proceedings by making appropriate additions to the criminal procedure code of the Russian Federation. Conclusions. The author concludes that the legal status of a psychologist is not defined in the current criminal procedure legislation. At the same time, the participation of this specialist in juvenile proceedings contributes to the optimal construction of legal relations between the parties to criminal proceedings and ensures the protection of the rights of a minor suspect (accused).