PHILOSOPHICAL AND LEGAL FOUNDATIONS OF THE LEGAL STATUS OF THE INVESTIGATOR

Abstract

The article identifies and summarizes the philosophical and legal foundations of the investigator’s legal status. An investigator is, first of all, an official of the judicial branch of government, who carries out his professional activity exclusively on a professional basis in accordance with the principle of separation of powers, in order to ensure the fairness, efficiency, and legality of the pre-trial investigation in determining the time limit. Tasks and functions, legal rights and duties of the investigator refer mainly to such a stage of criminal proceedings as the pre-trial investigation. Investigators are the main judicial officer at this stage of the criminal process. The legal status of the investigator has a complex legal nature, the basis of which is its criminal-procedural and administrative-legal components. The basis of the legal status of an investigator is the compliance of a lawyer with a full higher legal education to certain professional and civil high moral criteria. Which are checked by legally designated officials and civil society subjects, in accordance with the legally prescribed procedure. The investigator, as an official of the judicial branch of government, is procedurally independent, except for cases directly provided by criminal procedural legislation, when his activities are supervised by the prosecutor. In addition, he is under the control of the head of the pre-trial investigation body in accordance with the norms of administrative, service law and criminal procedure. for abuse of official duties, or mistakes that led to gross violations of the rights and freedoms of individuals, the investigator may be held legally liable, the type of which depends on the type of offense, which must be applied in a balanced manner. In order to achieve positive results in the pre-trial investigation, the investigator must be properly equipped as an official, an employee of the judicial branch of government and a person in everyday life. First of all, it concerns his safety and the members of his family, the creation of appropriate conditions for the implementation of professional investigative activities. Confirmation of the legal atmosphere for the execution by the employees of law enforcement agencies of the participants of the pre-trial investigation of the legal tasks of the investigator. Providing investigators with proper remuneration, sanitary and hygienic living conditions and respect in society.