SOME ORGANIZATIONAL AND LEGAL PROBLEMS OF PRELIMINARY INVESTIGATION DURING THE COVID-19 PANDEMIC AND WAYS TO SOLVE THEM
The article discusses some problems of organizing a preliminary investigation during the Covid-19 pandemic, as well as solving these problems. The relevance of this work is due to the fact that the government restrictions imposed on the sphere of criminal justice lead to forced restrictions on the rights and legitimate interests of participants in the criminal process, which, in turn, suggests the idea of making separate changes to the Criminal Procedure Code of the Russian Federation, with a view to reforming the legal mechanism, in terms of organizing a preliminary investigation. The subject of the study is the activities of the investigation and inquiry bodies during the Covid-19 pandemic. The purpose of this article is to analyze the impact of legal acts that introduce restrictive measures on the territory of the Russian Federation and its individual subjects on the organization of a preliminary investigation and the search for solutions to the identified problems. The methodology of the conducted research consists of the general scientific dialectical method of cognition and the scientific methods resulting from it: system, logical, statistical, formal-legal. Main content and novelty: this paper examines the organizational and legal problems of organizing a preliminary investigation, identified during the introduction of quarantine measures, describes the mechanism of the work of the investigation and inquiry bodies in “special” conditions, when practitioners could not actually comply with the regulated procedure for the production of individual investigative and procedural actions. The novelty is associated with a comprehensive approach to the study of the following issues: the absence of participants in the criminal process, the impossibility of conducting investigative and procedural actions, prisoners in custody and compliance with the procedural terms of the preliminary investigation. The main results of the study are the conclusions on the reform of the mechanism of work of the preliminary investigation bodies in emergency situations. The article substantiates the position on the need for a “flexible” mechanism of work that can meet the challenges of the time. Scope of application: the results of the work can be used in further legal research on the activities of law enforcement agencies, as well as in the legislative process. The authors draw conclusions about the importance of improving the tools for organizing preliminary investigations that can act effectively without violating the rights and legitimate interests of participants in criminal proceedings, and also formulate proposals for the development of the mechanism for working in emergency situations.