Shestakova, T.D. On the issue of the algorithm of acts of an investigator in the proceedings on a criminal case with a foreign element

Abstract: The article analyzes the problems of participation of foreign citizens in the criminal process. The author consequently evaluates the forms, in which the foreigners take part in the Russian criminal process, as well as the practical problems appearing in the activities of the investigator. The article is based upon the results of the empiric method of studies, polling among the investigators and advocates with the experience on the cases involving foreign citizens. Based on the above the author makes a conclusion on the need to introduce changes into the Criminal Procedural Code of the Russian Federation, and also offers an algorithm for the actions of an investigator in the proceedings on criminal cases involving foreign citizens in order to guarantee their rights and lawful interests. The general scientific methods involve analysis and synthesis, empirical methods involve description, questionnaires, specific scientific methods include formal legal, specific legal, logical legal, normative legal, doctrinal, specific legal, logical legal, normative legal, doctrinal interpretation, analogy of law and the law. The article for the first time contains an attempt to develop an algorithm for the actions of the practicing lawyer (investigator) in order to guarantee rights and lawful interests of foreign residents according to the Criminal Procedural Code of the Russian Federation and the lawful rights of the foreign citizens involved in the Russian criminal process. Analysis of the practice allows the author to state that the legislator defines by law the rights of a foreign party to a process, however, it is not clarified how the investigator should implement these rights. It causes a number of practical problems, which have to be dealt with anew every time by an investigator in an absence of clear legislative provisions. It causes violations of rights and lawful interests of foreign citizens. The author offers to introduce amendments into the text of the Criminal Procedural Law, and to provide for an algorithm for the activities of an investigator, which may also be used in the practical work.

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