The procedure for the implementation of the powers of the investigating judge under the Criminal Procedure Code of Kazakhstan, Kyrgyzstan, Moldova

Authors
  • Vereschagina A.V.

    A. V. Vereschagina Vladivostok State University of Economics and Service. Vladivostok. Russia

  • D. A. Kumankova

    D. A. Kumankova. Leninsky District Court of Vladivostok. Vladivostok. Russia

Abstract

The subject of the research is the regulatory legal acts governing the legal status of the investigating  judge.  Aim  –  to  study  the  procedure  for  the  implementation  of  the  investigative judge of their powers. The study used a formal logical and comparative legal method.
One of the forms of implementation of the judiciary is judicial control. The essence of judicial control can be defined as checking the compliance of the activities of law enforcement agencies, officials and the results of this activity with the established regulations.
The novelty of the work lies in the fact that, at present, the reform of the Russian criminal proceedings  continues,  including  the  search  for  new  models  for  exercising  judicial  control over pre-trial proceedings. In the course of the current discussions on the introduction of the
institution of the investigative judge, a comprehensive analysis of this institution is necessary. The procedure for the implementation of powers is an important component of the study of the status of any subject of criminal proceedings. And naturally, one of the aspects of the
analysis of the institute of the investigating judge is the procedure for exercising his powers. An investigative judge is a judge who exercises powers in the course of pre-trial proceedings, in particular the powers to exercise judicial control over the observance of the rights, free-
doms and legitimate interests of persons in criminal proceedings. The procedural aspect of the institute of the investigative judge includes three components: the procedural status of the investigating judge, the procedure for the implementation of his powers, which will be
discussed in the work, and judicial control over the decisions of the investigating judge. The study highlighted three approaches to the procedure for exercising authority: 1) holding a court session with the mandatory participation of the parties; 2) holding a court sessionwith the obligatory participation of one of the parties; 3) consideration of the petitions submitted solely, without holding a court session. The problematic aspects of the institute of the investigative judge were highlighted: the lack of articles regulating the procedure for exercis-
ing certain powers of the investigating judge and the lack of detailed consolidation of the procedure for exercising powers, in particular, the absence of a time limit for the consideration of petitions by the investigating judge.
Keywords:  investigative judge, judicial control, procedural aspect, powers of the investigating
judge, procedure for exercising powers.