Peculiarities of Legal Regulation of the Procedural Status of Bodies of Inquiry: Reflections on I. S. Dikarev’s Article «Anomalies of the Legal Status of Bodies of Inquiry»

Abstract

The author analyzes the main conclusions reflected in I. S. Dikarev’s paper «Anomalies of the legal status of bodies of inquiry», sharing his point of view on the inconsistency of certain status provisions of the criminal procedure law for bodies of inquiry with the sectoral subject of legal regulation. Some critical considerations on I. S. Dikarev’s thesis about the «anomaly» of the legislative inclusion of the bodies carrying out operational and investigative activities in the number of bodies of inquiry are expressed. Argumentation concerning the functional characterization of bodies of inquiry is considered.

The methodological framework of the study includes analysis, synthesis, description, interpretation, and historical-legal method. On the basis of literal and systematic methods of legal norms interpretation the legal grounds for the acquisition of criminal procedural legal capacity by officials of bodies carrying out operational and investigative activities are formulated. Some positions of the Constitutional Court and the Supreme Court of the Russian Federation on combining criminal procedural and operational powers by one official are evaluated. Proposals to change the wording of Part 1 of Article 210 of the Criminal Procedural Code of the Russian Federation and several related rules of the criminal procedural law, are outlined.