Investigative judges: dummy instead of reform

The idea of ​​the institution of investigative judges is that one specific judge monitors compliance with the rule of law in the criminal case from the beginning of the investigation to the transfer of the case to court. Thus, the trial of the investigation is intensified, and this function is separated from the consideration of the case on the merits that the judge who passes the final sentence is not related to previous decisions in the same case: for example, he would not accidentally be the same judge who had already sent the accused for bars as part of the preliminary imprisonment.

The revival of the Institute of Investigative Judges in the Russian Criminal Procedure was discussed for many years and, finally, presented in the form of a finished transformation program: the long -awaited concept of the same name by A. V. Smirnov was published on the KGI website. However, it is possible to state with great regret that even before the implementation of the implementation, a well-founded project to limit the arbitrariness of the security forces degenerated into another attempt to cut out a special status for entrepreneurs in the criminal process and put on a special trajectory the consideration of the most complex, difficult and dangerous crimes-thereby delivering a system of courts of general jurisdiction from the need to at least somehow portray compliance with the legality in the matters of ordinary, typical.

Such a time: there can be no other reforms now. But most likely, nothing will come of it. Moreover, there is a significant danger that during the reform the possibility will be destroyed for the constructive introduction of a very useful institute in the future. Its place will simply take the next dummy of justice: a fiction that in the future you can’t pick up in the future.

In its original form, the project had many advantages. The author of the concept and the main propagandist of the revival in Russia of the judicial investigation, Alexander Smirnov, one of the best processualists in the country, argues his proposal not only by many references to successful international and Russian experience (the time of Alexander II reforms), worked out by legal theory, but also the real state of affairs in Russian law enforcement agencies.

What is the meaning of the reform

To move away from the supervision of the legality of the investigator’s actions, the prosecutor’s office, who does not cope with the case, cannot cope: it is impossible, being a side of the prosecution and the investigator’s procedural ally, at the same time hold his hands and interfere with violating the law.

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