MANAGERIAL POWERS OF THE HEAD OF PREJUDICIAL INVESTIGATION
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
This article addresses the current status of the legal and regulatory framework for managerial powers of the head of a prejudicial investigation authority which, according to the Ukrainian criminal and procedural legislation, includes Chief of the Head Investigation Office, Investigation Office, Investigation Department, National Police Department, security authority, tax legislation compliance supervision authority, authority of the State Bureau of Investigation, detectives’ unit, internal supervision of the National Anti-Corruption Bureau of Ukraine, and their deputies who act within their scope of duties. So that the head of the prejudicial investigation authority could fulfill their duties properly, they are provided with procedural and managerial powers regulated by the Criminal Procedural Code of Ukraine and agency-related regulations, respectively. However, the Ukrainian legislation lacks the regulatory definition of the «prejudicial investigation arrangement». For this purpose, the authors pay proper attention to improvement of the above term definition and analysis of its components. In particular, it is demonstrated that prejudicial investigation arrangement is provided through employment of the amount of interconnected managerial elements including analysis, planning, organization, regulation, prediction, and control. It is established that one must distinguish between arrangement of investigation unit management and arrangement of prejudicial investigations of crimes in the above head’s activity. It is defined that a scope of procedural powers of the head of a prejudicial investigation authority does not depend on the level of their title, meanwhile a scope of managerial powers is directly correlated with both the title held by the head and a particular department. It is demonstrated that for the purpose of proper arrangement of prejudicial investigation, the head of an investigation unit employs a complex of all granted powers both procedural and managerial, to provide fast, full and objective investigation of criminal offences.
Authors and Affiliations
О. С. Нестеренко, Л. І. Щербина
Keywords
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