employee
UDC 343.125
In the article the author analyses the statistical data that illustrate the practice of decision-making to choose a preventive measure in the form of incarceration and investigative actions at the stage of preliminary investigation that affect the fundamental rights of the personality in the Russian Federation, in a number of other former Soviet republics, France and Austria. The author gives grounds for the conclusion that in all these countries the indicators reflecting the correlation between the number of the considered and accepted petitions of investigative officials are identical no matter who makes the decision on these measures and actions (a judge of general jurisdiction, an investigating judge, a judge for liberties and imprisonment, a judge for human rights), and none of the legislator of any of the countries mentioned in the article has not succeeded to achieve the goal of reducing the practice of most accepted petitions of preliminary investigation bodies with the help of legislative maneuvers in the form of transferring the considered powers from one judge to another. This fact clearly demonstrates the inappropriateness of introducing the institution of investigative judges into Russian criminal proceedings.
court, a prosecutor, an investigator, an investigating judge, a judge for liberties and imprisonment, investigative procedures, incarceration
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