Independence of the Judge, the Prosecutor and the Investigator

A A Tymoshenko
2018 Russian Journal of Legal Studies  
In the article, based on the analysis of doctrinal literature, law enforcement practice, the results of the survey of prosecutors and investigators questioning the issues of the institute of independence (independence) of the judge, the prosecutor and the investigator. These participants in the criminal process, performing key functions in criminal proceedings, need serious guarantees of the exercise of their special powers. At the same time, the study of relevant legislative acts leads to the
more » ... acts leads to the conclusion that there are a number of problems whose solution will significantly increase the status of these officials and make them active participants in solving urgent problems of the population. On the one hand, the principle of absolute independence of a judge from the leadership of the judicial system, and on the other - the need to ensure the elementary organization of labor of "ordinary" servants of Themis. Likewise, the author sees a gap in the special powers of the investigator, who has the opportunity to practically independently resolve the criminal law tort, and an indicator of his real autonomy within the preliminary investigation body, which is characterized by an almost complete dependence on the leadership of the investigative body. In addition, the legislator does not form at all his attitude towards the internal independence of an employee of the prosecution authority. In view of the revealed organizational and legal problems of ensuring the independence (autonomy) of the judge, the prosecutor and the investigator, the author comes to the conclusion that it is necessary to more finely regulate the organization of work of these persons, in every possible way protecting them from outside interference
doi:10.17816/rjls18451 fatcat:chr5m66l55ezjpbbd3byapetwu