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Institute of Investigative Judges: Russian perspectives based on foreign experience

Student: Baisha Alina

Supervisor: Timur Sokolov

Faculty: Faculty of Law

Educational Programme: Lawyer in Public Justice (Master)

Final Grade: 8

Year of Graduation: 2024

The work is devoted to the development of norms designed to carry out legal regulation of the activities of investigative judges, their functions, rights, responsibilities, as well as the procedure for appointment in accordance with domestic and foreign law. The purpose of the final qualified work is to develop appropriate standards so that the investigating judge becomes a full-fledged participant in the criminal process, as well as to consider various models of the institution of investigative judges in different countries with the aim of introducing judicial control carried out by a special official. The practical significance of this work lies in the fact that the developed norms can be used as amendments to criminal procedure legislation. In our opinion, the mechanism proposed in the study for introducing the figure of an investigating judge into the Russian criminal process can be applied in practice, first in a test version in one of the regions of the Russian Federation, and if successful, throughout the entire territory of the state. The work proposes to use the achievements of digitalization in the work of investigative judges. The results of the work can be directly used in the development of resolutions of the Plenum of the Supreme Court of the Russian Federation, job descriptions and other norms that will regulate the legal status of the investigating judge. Existing studies on this topic were used as a theoretical basis, in which the relevance of the research topic was developed in detail. In order to find the optimal mechanism for protecting and ensuring the rights and freedoms of man and citizen, the experience of various countries was studied and presented in the work, the practice of the work of bodies that directly conduct investigation and supervision was studied. Carrying out an analysis of the above-mentioned legal acts by the author, general and special features were identified that helped to evaluate the models of investigative judges and divide them by territorial basis into investigative judges of the CIS countries and EU countries. When developing the concept of investigative judges, the author studied both positive and negative experiences of the activities of investigative judges

Full text (added May 19, 2024)

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