Problems of preliminary judicial review of investigative actions in relation to certain categories of persons specified in article 447 of the Criminal Procedure Code of the Russian Federation

Purpose of the study. Judicial review plays an important role as a guarantor of the constitutional rights of the individual, ensuring the independence and immunity of persons performing socially significant functions (judges, lawyers, deputies, etc.). The effective functioning of the judicial review mechanism requires improving the norms of Russian criminal procedure legislation, which, in terms of regulating the powers of participants in judicial review proceedings in accordance with Article 165 and Chapter 52 of the Criminal Procedure Code of the Russian Federation, do not meet the requirements of legal certainty and consistency. The article examines a number of current issues in this area and suggests areas for improving the legislation. Conclusions. The authors propose supplementing Part 5 of Article 450 of the Criminal Procedure Code of the Russian Federation lists the entities who will be authorized to approve the filing of motions with the court for investigative actions, for example, in relation to a lawyer, district or city prosecutor, the head of the investigative body of the Investigative Committee of the Russian Federation for the district or city, a deputy of an elected local government body—the head of the investigative body of the Investigative Committee for a constituent entity of the Russian Federation; in relation to judges—the Chairman of the Investigative Committee of the Russian Federation, etc., in order to ensure a uniform interpretation and application of guarantees of their independence when initiating a criminal case, bringing in as an accused, and carrying out investigative actions that restrict a person's constitutional rights. The paper analyzes the problems of resolving conflicts between the provisions of Art. 448, Part 5 of Art. 450 of the Criminal Procedure Code of the Russian Federation and paragraph 7 of Art. 16 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 "On the Status of Judges in the Russian Federation" and the resulting problems of interpreting the corresponding guarantees of independence and immunity of jurors. These conflicts must be eliminated by the legislator.