The body of preliminary investigation. Law enforcement authorities of the Russian Federation

A man is a biological being thatis endowed with consciousness. It is this factor that distinguishes people from other forms of life on the planet. But the presence of consciousness determines the fact that intelligent beings can make choices. As we understand, it is not always true and positive, in its essence. At all times people have committed acts that in one way or another violated the process of normal life of society as a whole.

With the development of law as the main regulatorpublic relations, this kind of deeds began to be called offenses. However, in some cases, a person's actions were so dangerous that it was difficult to characterize them from the legal point of view. Over time, these moments have acquired the status of crimes. Under the law, they are regulated by the criminal industry. It should be noted that crimes are socially dangerous acts, for which the highest sanctions are provided. However, before accusing someone of committing such a crime, it is necessary to prove the very fact of the implementation of the act. The art of proof was formed over many centuries. To date, the study and legalization of crimes are dealt with by special bodies, namely investigative ones. On the territory of the Russian Federation there are similar departments, which will be discussed in more detail in the article.

Concept of investigation

Preliminary investigation of criminal cases isactivity, which is most often denoted by one term - an investigation. The bodies that carry out this process have a history of formation, a system and corresponding powers. But before considering the peculiarities of such departments, it is necessary to understand the very essence of the concept of "investigation". In the classical version, this term describes the relevant activities of certain state structures aimed at obtaining information about committed crimes, persons participating in committing socially dangerous acts, for their further exposure, as well as bringing to criminal responsibility. Simply put, an investigation is the practical receipt of information about a criminal act and its legal assessment. It should be noted that the investigative bodies do not perform the functions of the judiciary. That is, they only expose the guilty, and already the punishment is dealt with by completely different authorities.

History of investigation bodies

Bodies of inquiry and preliminary investigationhave their own structure and characteristics that have developed historically. Such a process as the investigation of crimes, draws its roots even from Ancient Rus. Already in those distant times the society reacted negatively enough to any manifestations of socially dangerous behavior. However, the process of proof was not properly formed. That is, as a rule, there were no distinctions between different stages of judicial proceedings. A peculiar order in the process of investigating crimes was imposed at the time of Peter the Great. First, the importance of writing and secrecy during the investigation increases. Secondly, the military process is substantially modernized. The key means of its implementation were torture, as well as interrogation with addiction. This type of criminal investigation existed until 1864. From that moment, the functional duties of the courts and charges were delineated. The era of the search process begins.

Modern period

Today in the Russian Federationthere is a whole system of bodies that deal with the investigation of crimes. This process under the law refers to the pre-trial stage of production. It should be noted that each body of the preliminary investigation is engaged in legal qualification and the actual development of a crime, as will be discussed later in the article. At the same time, there are different types of state investigative bodies related to this or that agency.

An important feature of the preliminaryinvestigation in the Russian Federation is the fact that it can be carried out in the form of inquiry or investigation. The first form of implementation of the stage mentioned in the article implies a simplified version. As a rule, it is used in the investigation of non-serious crimes. As for the second form of the investigation, it is realized in all other cases. The distinction usually takes place by direct indication of articles of the Criminal Code of the Russian Federation, which must be implemented in one form or another. This regulation is provided for by the Code of Criminal Procedure, namely the norm of Article 150. It should be remembered that there are stages of preliminary investigation. Because this process is systematized. Depending on the completeness of the implementation of these stages, we can talk about the quality of the whole investigation of the fact of the crime.

The stages of the preliminary stage of the investigation of crimes

Previously, the author has already indicated that there arecertain stages of the preliminary investigation. It should be noted that they are isolated only at the theoretical level of the investigation of the criminal process in general. In practice, any body of the preliminary investigation realizes the stage of the same name in a complex manner. However, at the scientific level, as a rule, the following stages are distinguished:

- Investigation of materials and evidence available in the case.

- Carrying out the necessary investigative actions and operational-search activities on the basis of available data.

- The use of certain coercive measures of a procedural nature to individuals.

- Immediate transfer of the criminal case to the court or its complete termination.

It should be noted that there are three possiblethe plot of the development of events at the stage of transfer of the criminal case to the court. As a rule, the preliminary investigation stage ends with the transfer: petitions for exemption from criminal liability, indictment or decision on application of medical measures.

Bodies of preliminary investigation

Today in the Russian Federationthere are structures that have the status of "body of preliminary investigation." These units are included in the system of different executive departments. To understand what are the powers of the bodies of preliminary investigation, it is necessary to distinguish their types. Thus, to date in Russia there are the following investigative bodies:

- Investigation Committee of the Russian Federation.

- Investigation Department of the Ministry of Internal Affairs of the Russian Federation.

- Investigation agencies of the Federal Security Service of Russia.

- Investigative bodies of the Prosecutor's Office.

- Investigative bodies of the Federal Service for Control over Drug Trafficking.

This list is fixed inThe Code of Criminal Procedure. Thus, only the above structures can carry out preliminary investigation of criminal offenses. In order to understand what features are given to these bodies, you need to consider the essence of each of them separately.

Investigative Committee of the Russian Federation

The most famous organ of the preliminaryThe investigation in Russia is the Investigative Committee. The Office was developed on the basis of the same structural unit, which once existed in the Prosecutor's Office. According to its normative base, the Investigative Committee is authorized to carry out procedural actions in the framework of criminal proceedings. Employees of this structure have the right to realize inquiry and investigation. As for the internal organization of the work of the personnel, it can take place in several forms in the RF SC, as a military, civil or law enforcement civil service.

Functions of the Investigative Committee

There are a number of specific functions thatdirectly implemented in the work of the RF SC. At its core, the activities of this body differ from similar departments in the structure of the prosecutor's office or the Ministry of Internal Affairs. That is, it is completely independent body of preliminary investigation. Given this, we can distinguish a number of the following functions:

- Preliminary investigation of criminal offenses.

- Implementation of a pre-investigation investigation of all applications submitted to the Office.

- Accompanying the investigation of criminal cases of criminal nature.

- Forensic and expert activity.

- Control and verification of other investigative bodies regarding the legality of their activities.

It should be noted that the powers of the investigator SKThe Russian Federation is conditioned by the Constitution and other normative acts. In addition, personnel for the bodies of the Investigative Committee are trained on a professional basis in special educational institutions, such as the Academy of the Investigative Committee of the Russian Federation.

Investigators of the Ministry of Internal Affairs

The law enforcement agencies of the Russian Federation arean integral part of all the activities of state power to ensure order, legality and the rule of law in the country. One of the main departments of this nature can rightly be called the Ministry of Internal Affairs. In its structure this body has an Investigative Department, which implements the activities of the bodies of preliminary investigation. The division is headed by the head of the department. In their work, investigators of the Ministry of Internal Affairs carry out preliminary proceedings on a sufficiently wide range of criminal cases. In addition, there are also other functions provided for by law.

The objectives of the investigation of the Ministry of Internal Affairs

Procedural activity of bodiespreliminary investigation of the Ministry of Internal Affairs for the most part is based on the key functions that are assigned to them. These functions include the following, for example:

- development and implementation of policy in the field of preliminary investigation of criminal offenses;

- direct coordination and direction of lower-level investigative bodies located in the MIA system;

- investigation of the most significant and resonant crimes;

- interaction with other state authorities for the purpose of effective investigation, prevention and detection of criminal offenses.

It should be noted that the scope of activityinvestigative bodies of the Ministry of Internal Affairs is limited to general offenses, including most crimes against the person, property, as well as crimes in the economic sphere.

The investigation of the bodies of the Federal Security Service of the Russian Federation

It should be noted that the preliminary investigationcrimes are carried out not only in the bodies of the Ministry of Internal Affairs and the Investigative Committee. The Federal Security Service, or rather its separate units, is also endowed with the appropriate powers. As a rule, the system of preliminary investigation bodies in the FSB realizes the fight against crimes in the sphere of public security (with terrorism, extremism, sabotage), as well as general federal economic activity. Thus, the powers of security personnel are limited to a rather narrow field of activity.

The investigation of the Federal Service for Drug Control

The law enforcement agencies of the Russian Federation contain in theira special department of the federal nature, which deals with the control of drug trafficking in the territory of Russia. This structure has many characteristic features. They, in turn, are most fully represented if we analyze the key tasks of the FSKN. These include the following:

- control, organization and preliminary investigation of criminal cases initiated for crimes the subject of which are narcotic drugs;

- ensuring the qualitative activity of the territorial investigative departments of the Federal Drug Control Service;

- theoretical and methodological developments in the field of activities and the fight against drug trafficking in the territory of the Russian Federation.

Investigator's powers

It should be noted that, in accordance withgeneral legislation that directly regulates the work of investigative bodies, employees of these departments are endowed with a number of general powers, regardless of the specifics of the body. Such powers are:

- the right to institute proceedings on the fact of a criminal offense, that is, a criminal case;

- to realize certain investigative actions at their own discretion, except for cases when permission of the court or higher authorities is required;

- give instructions to the body of inquiry;

- in the order established by law, to appeal against certain decisions of prosecutors;

- to exercise a number of other powers, which are provided by the current legislation.

Supervision of the bodies of preliminary investigation

Earlier in the article the author pointed out the fact thatthere are investigative agencies in the prosecution system. But a small percentage of people know what they are. It should be noted that any activity of the bodies of preliminary investigation is subject to mandatory supervision, which, in turn, is carried out by the investigator of the prosecutor's office. This procedural person acts in accordance with the departmental order. It is with the help of this subordinate act that the control of the relevant bodies is exercised. The order No. 39 "On the organization of the prosecutor's supervision of the legality of criminal prosecution in the pre-trial stage" is the order of the day. It should be noted that this act does not require a special legislative form of regulation. It is implemented without fail. In accordance with this, the investigator of the prosecutor's office carries out the following supervisory actions, for example:

- checking the legality of the legislation when making applications for crimes;

- checking the order of acceptance and registration of such messages;

- checking the materials of criminal cases, legality during the implementation of investigative actions.

In some cases, prosecutors for compliancelegality in the commission of certain crimes personally go to the crime scene. Typically, this can be seen in situations where there is evidence of a terrorist act, banditry, etc.

So, in the article the mainpowers and features of the pre-trial investigation bodies. Theoretical developments in this industry are of paramount importance, since such structures perform the most important function for the whole state - the fight against crime.