Investigation of penal offences: organization and limits of participation
Subject/topic. Investigation of penal offences: organization and limits of participation. Goals/objectives. It is known that the moment of abolition of the status of body of inquiry at chiefs of organizations of criminal and Executive system which occurred with adoption of the new Criminal procedure code of the Russian Federation and its introduction in action, i.e. from 1 July 2002, these leaders have lost the opportunity to conduct a preliminary examination for any category of criminal incidents committed in the location of correctional institutions, and thus they basically were denied the right to conduct pretrial proceedings in any procedural form: full-fledged inquiry on the Affairs of his jurisdiction, execution of urgent investigative actions on cases within the competence of the investigators. Deprivation of procedural rights of subjects of the criminal Executive system shifted their procedural duties to the police inquiry bodies, the preliminary investigation bodies of the RF IC and the RF interior Ministry, which entailed, and in the future can entail even more procedural burden on them. This problem could be solved by returning the procedural rights lost by the bodies of the penal correction system and by a proportionate redistribution of the procedural burden. The article presents statistics of penitentiary crime in General, for certain types of crimes belonging to this category. Methodology. Analysis, synthesis, comparison, abstraction, problem statement, hypotheses, specification, monitoring. Conclusion. The author comes to the conclusion that the problem of optimization of procedural activity on investigation of penitentiary crimes, its uniform distribution between investigators and bodies of inquiry of criminal Executive system, can be solved in case of adequate change of the criminal procedural legislation regarding restoration of procedural powers of the last, at least, in the format of the code of criminal procedure of RSFSR.