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2.1 Structure and competence Investigation Department ATC

The head of the investigative department reports to the head of the Investigative Committee of the Ministry of Internal Affairs of the Russian Federation, as well as to the Minister of Internal Affairs of the republic, the head of the Main Directorate (Department) of Internal Affairs, of which he is deputy ex-officio.

The lower investigative units are the investigative departments of district, city internal affairs bodies and internal affairs bodies in transport. They do not have structural divisions, but it is possible for investigators to specialize in certain categories of criminal cases. The head of the investigative department (department) reports to the head of the city (district) internal affairs body, the internal affairs body in transport, is his deputy, as well as the head of the higher investigative unit Lukinichev Yu. A., Vakhmistrova S. I. Law enforcement agencies: A course of lectures. St. Petersburg, 1999. pp. 137-138. .

Under the leadership of the deputy head of the Internal Affairs Directorate - the head of the investigation department (department) are:

· investigation department (department);

· forensic department (department, division);

· department (department, division) for the investigation of organized criminal activities (investigative part).

The investigation department (department) includes an organizational and methodological department (department) and an investigative part. Taking into account the staffing level and depending on local conditions, the organizational and methodological department may include departments and groups in certain areas official activities(accounting, analysis, zonal and linear control, industry specialization, etc.) in such a number of investigative workers that would ensure the proper functioning of the investigative apparatus. The investigative unit, as a rule, specializes in the investigation of complex cases of crimes in the economic sphere and crimes through the criminal investigation, for which appropriate structural units.

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Investigative part- a division of the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation, engaged in the investigation of criminal cases of crimes of special importance.

In pursuance of the Decree of the President of the Russian Federation of November 23 No. 1422, a Regional Directorate for the Investigation of Organized Criminal Activities in the North Caucasus was formed as part of the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation. With the formation of the main departments of internal affairs in the federal districts, investigative departments were formed under them, which are directly subordinate to the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation. Similar senior management The investigative apparatus is structured by investigative departments (departments) under the Ministry of Internal Affairs of the republics, the Main Internal Affairs Directorate, the Internal Affairs Directorate of territories and regions. Approximately two-thirds of the personnel of these investigative apparatuses come from organizational and control units, and the rest are made up of investigators from investigative units. The heads of investigative departments and departments are simultaneously deputy ministers and heads of internal affairs departments. The structure of these investigative apparatuses includes investigators, senior investigators and investigators for particularly important cases.

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Excerpt characterizing the investigative part

Autonomous non-profit organization higher professional education

Moscow Institute of Humanities and Economics

Nizhny Novgorod branch

Faculty of Humanities

Department of Criminal Law Disciplines

about undergoing industrial practice

2nd year student of the Faculty of Humanities of the NF MGEI, studying in the field of study 030900.62 “Jurisprudence”

Yagunova Alena Valerievna

training group YuZS-12

in the __Main Directorate of the Ministry of Internal Affairs of Russia for the Volga Federal District__

as an Investigator

investigation crime corruption legality

I, Yagunova A.V., a student of the YuZS-12 group of the Nizhny Novgorod branch of the Moscow Humanitarian-Economic Institute, from February 17 to March 12, 2014, underwent practical training in the Investigative Unit of the Main Directorate of the Ministry of Internal Affairs of Russia for the Volga Federal District as an investigator.

On-the-job training is important integral part educational process. It aims to deepen and consolidate the knowledge acquired in the process of theoretical training.

During my internship, I became acquainted with the activities of the investigative department of the Main Directorate of the Ministry of Internal Affairs for the Volga Federal District, studied paperwork, became familiar with the instructions, regulations that regulate the internal regulations, structure, organization and powers of the investigation department, as well as with the regulatory legal acts regulating their field of activity.

The investigative unit of the Russian Ministry of Internal Affairs system in the Volga Federal District underwent its formation and development as follows:

In 1999, among 11 regional investigative departments, the Volga-Vyatka regional investigative department for the investigation of organized criminal activities was created (with a location in the city of Nizhny Novgorod), directly subordinate to the Investigative Committee under the Ministry of Internal Affairs of Russia.

By Order of the Ministry of Internal Affairs of Russia dated June 30, 2000 No. 703 “On improving the activities of preliminary investigation bodies in the investigation of organized criminal activities,” the Volga-Vyatka Regional Investigative Department for the Investigation of Organized Criminal Activities, directly subordinate to the Investigative Committee under the Ministry of Internal Affairs of Russia, was reorganized into the Investigative Department for investigation of organized criminal activity, directly subordinate to the Investigative Committee under the Ministry of Internal Affairs of Russia, in the Volga Federal District (with location in the city of Nizhny Novgorod).

The next historical stage in the development of preliminary investigation bodies was the publication of Order No. 1331 of the Ministry of Internal Affairs of Russia dated December 31, 2000. In accordance with this order, the Investigative Directorate for the Investigation of Organized Criminal Activities, directly subordinate to the Investigative Committee under the Ministry of Internal Affairs of Russia, for the Volga Federal District was transformed into the Investigative Directorate of the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation for the Volga Federal District (with location in the city of Nizhny Novgorod) .

In accordance with the order, the Investigative Directorate of the Russian Ministry of Internal Affairs for the Volga Federal District was entrusted with the following main tasks:

ensuring the conduct of preliminary investigations in criminal cases of grave and especially grave crimes committed by organized groups, criminal communities (criminal organizations), of a regional, interregional and international nature, which are particularly difficult to investigate or have caused a wide public outcry;

participation in the regulatory and legal activities of preliminary investigation bodies in the system of the Ministry of Internal Affairs of Russia (including the development of proposals for criminal, criminal procedural legislation);

exercising control, ensuring the rule of law and providing organizational and methodological assistance to the preliminary investigation bodies under the Ministry of Internal Affairs, the Main Internal Affairs Directorate, the Internal Affairs Directorate of the constituent entities of the Russian Federation located on the territory of the Volga Federal District in the investigation of serious and especially serious crimes committed by organized groups, criminal communities (criminal organizations), of an interregional nature;

carrying out official checks on facts of emergency incidents and violations of the law committed by employees of the preliminary investigation bodies of the Volga Federal District.

In pursuance of the Decree of the President of the Russian Federation dated December 29, 2005 No. 1554 and the order of the Ministry of Internal Affairs of Russia dated March 7, 2006 No. 145 "On organizational issues Main Directorates of the Ministry of Internal Affairs of Russia for the Federal Districts" The Investigative Directorate of the Investigative Committee under the Ministry of Internal Affairs of Russia for the Volga Federal District was reorganized into the Investigative Unit under the Main Directorate of the Ministry of Internal Affairs of Russia for the Volga Federal District (for investigation of organized criminal activities) with its location in Nizhny Novgorod.

In accordance with these decisions, the status of the investigative departments of the Investigative Committee under the Ministry of Internal Affairs of Russia in federal districts has changed. In particular, the function of control and coordination over the activities of the preliminary investigation bodies of the constituent entities of the Volga Federal District has been removed.

Structurally, the Investigative Unit consists of the following divisions:

1 department for investigating corruption and economic crimes;

2nd department for the investigation of crimes committed by organized groups and criminal communities;

control and analytical department;

interregional investigative department (location in Saratov);

interregional investigative department (location in Perm);

interregional investigative group (location in Tolyatti);

The main task of the investigative unit is to conduct a preliminary investigation in criminal cases of crimes under investigation by investigators of internal affairs bodies and referred by the regulatory legal acts of the Ministry of Internal Affairs of Russia to the jurisdiction of the main departments of the Ministry of Internal Affairs of Russia in federal districts, of a transnational or interregional nature, committed by criminal communities (criminal organizations) and organized criminal groups of general criminal, economic, extremist and corruption nature.

In its activities, the Main Directorate of the Ministry of Internal Affairs for the Volga Federal District is guided by the Constitution of the Russian Federation, Federal Law No. 3-FZ of February 7, 2011 “On Police,” Federal Law No. 342-FZ of November 30, 2011 “On Service in the Internal Affairs Bodies of the Russian Federation and making changes to individual legislative acts Russian Federation", the federal law dated August 12, 1995 N 144-FZ “On operational investigative activities”, by order of the Ministry of Internal Affairs of the Russian Federation dated March 1, 2012 N 140 “On approval Administrative regulations Ministry of Internal Affairs of the Russian Federation providing public services on the reception, registration and resolution in the territorial bodies of the Ministry of Internal Affairs of the Russian Federation of statements, messages and other information about crimes, administrative offenses, incidents" and other regulatory legal acts directly related to the official activities of the Department. Prevailing regulations, on which all investigators, and of course the investigators of the Investigative Unit of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation Volga Federal District, rely in their work, are the Criminal Procedure Code of the Russian Federation and the Criminal Code of the Russian Federation.

During my internship, I had the opportunity to take part in investigative actions and their documentation.

To successfully complete my internship, I studied both current and archival criminal cases available in the department, became familiar with the procedure for drawing up protocols, conducting interrogations, and studied the features of interrogating victims, witnesses and suspects.

On behalf of management, I participated in the preparation of criminal procedural documents in accordance with the requirements of the Criminal Procedure Code of the Russian Federation.

During the preparation of documents, I checked the contents of the documents from the point of view of their legality, validity and compliance with criminal procedural legislation.

I was also involved in keeping records of investigative actions, drawing up inventories of criminal cases, examining physical evidence and attaching them to the materials of the criminal case.

On behalf of management, I had to assist employees of the investigation department in preparing materials of criminal cases for the court when choosing a preventive measure for suspects and accused, in preparing requests for criminal cases, in calling participants in criminal proceedings for their participation in investigative actions.

During my internship, I studied the following investigative actions:

The procedure for initiating a criminal case;

The procedure for conducting an inspection of the scene of the incident;

The procedure for conducting interrogations;

Inspection of material evidence and its inclusion in the materials of the criminal case;

Checking readings on site;

Conducting searches and seizures;

The procedure for conducting a confrontation;

The procedure for identification;

Ordering a forensic examination and attaching its results to the materials of the criminal case;

Suspension and resumption of the preliminary investigation;

Submitting a criminal case with an indictment to the prosecutor.

In general, brief terms, the conduct of investigative actions that I have studied in practice can be described as follows:

If there is a reason and grounds provided for by the Code of Criminal Procedure of the Russian Federation, the head of the investigative body, the investigator, within the limits of their competence, initiate a criminal case, and a corresponding resolution is issued.

The decision to initiate a criminal case shall indicate:

) date, time and place of its issuance;

) by whom it was issued;

) the reason and basis for initiating a criminal case;

4) paragraph, part, article of the Criminal Code of the Russian Federation, on the basis of which a criminal case is initiated.

As a rule, the investigator makes a decision to initiate a criminal case and accept it for proceedings. A criminal case may be transferred for preliminary investigation to another investigator, if there are appropriate grounds, such as the investigator’s workload.

Investigative inspection is a procedural action provided for in Art. 176-178 of the Code of Criminal Procedure of the Russian Federation, consisting of direct observation, detection, perception, fixation and analysis by the investigator of various objects to establish their characteristics, properties, condition, relative position and determine their significance as evidence in the case. The purpose of an investigative examination is to obtain evidence that will facilitate the detection and investigation of a crime. The investigator receives them from two sources: people and things. The investigator, as an independent procedural figure, directs the actions of all those present and is personally responsible for the results of the examination. If a prosecutor or the head of the investigative unit participates in the inspection, then each of them can take charge of the inspection with all the ensuing consequences, since they draw up a protocol on their own behalf.

All types of inspections are carried out in the presence of witnesses, the minimum number of which is two.

A witness is a person not interested in the outcome of a criminal case who is involved by an inquirer, investigator or prosecutor to certify the fact of an investigative action, as well as the content, progress and results of the investigative action.

Directly at the scene of the incident, after providing assistance to the victims, talking with the victim, eyewitnesses, organizing security of the scene and protecting the group from possible attacks, attracting witnesses and distributing responsibilities between the inspection participants, the investigator begins the inspection.

The inspection involves the use of technical means - photography, video filming, the use of means of searching and removing traces, microparticles, measuring distances, examining documents and others - the list in this case is not exhaustive. It is necessary to determine the initial place of inspection - by general rule this is the place where the criminal begins to move or enter the premises. Then individual inspection areas are identified and examined sequentially.

During the inspection, material evidence is discovered. Material evidence that is bulky and cannot therefore be confiscated is examined on the spot. Seized evidence can be examined later. In any case, they must be shown to attesting witnesses and all participants in the inspection, individualized, packaged, and their packaging is sealed with the investigator’s seal and signed by the investigator, attesting witnesses, and persons participating in the inspection.

A prosecutor, specialists, an expert, a victim, and representatives of organizations in whose building the crime was committed may participate in the inspection of the crime scene. The participants should include the commander of the unit guarding the scene of the incident and the operational investigation team, including all its employees, both those who arrived with the investigator and those who joined later.

Seizure is an investigative action consisting of the seizure of individually defined objects and documents that are important to the case, if it is known exactly where and who has them. These items and documents may be given out voluntarily or forcibly confiscated. If this requires a forced inspection of residential or non-residential premises in which objects subject to seizure are stored, a search must be carried out. A search as an independent investigative action consists of a forced examination of premises and other places, and in a personal search - the body of a person and the clothes he is wearing. The procedural basis for a seizure is a reasoned decision made by the investigator. The procedural basis for conducting a search is the investigator's decision. A search of a home is carried out on the basis court decision. In exceptional cases that cannot be delayed, a search of a home may be carried out on the basis of an investigator’s order without obtaining a court decision, followed by notification of the court and prosecutor within 24 hours of the investigative action. During a search and seizure, a protocol is drawn up. These investigative actions are carried out with the participation of witnesses.

When conducting an interrogation, the investigator is free to choose tactics; it is prohibited to ask leading questions. The progress and results of the interrogation are reflected in the protocol drawn up in accordance with Articles 166 and 167 of the Code of Criminal Procedure. The testimony of the interrogated person is recorded in the first person and, if possible, verbatim. Questions and answers to them are recorded in the sequence that took place during the interrogation. All questions are recorded in the protocol, including those that were withdrawn by the investigator or that the interrogated person refused to answer, indicating the reasons for the challenge or refusal. If there are significant contradictions in the testimony of previously interrogated persons, the investigator has the right to conduct a confrontation. The investigator asks the persons being confronted whether they know each other and what kind of relationship they have with each other. The interrogated persons are asked one by one to testify on the circumstances to clarify which the confrontation is being conducted. After giving evidence, the investigator may ask questions to each of the interrogated persons. Persons between whom a confrontation is being conducted may, with the permission of the investigator, ask questions to each other. In the protocol of the confrontation, the testimony of the interrogated persons is recorded in the order in which they were given. Each of the interrogated persons signs his testimony, each page of the protocol and the protocol as a whole. Also, during the investigation, in order to establish the truth in a criminal case, the investigator may present a person or object to a witness, victim, suspect or accused for identification. The person is presented for identification along with other persons who, if possible, are similar in appearance to him. The total number of persons presented for identification must be at least three. Before the identification begins, the person being identified is asked to take any place among the persons presented, about which a corresponding entry is made in the identification protocol. If it is impossible to present a person, identification can be carried out using his photograph, presented simultaneously with photographs of other persons who are externally similar to the person being identified. The number of photographs must be at least three. The object is presented for identification in a group of homogeneous objects in the amount of at least three. If the identifying person pointed to one of the persons or one of the objects presented to him, then the identifying person is asked to explain by what signs or features he identified this person or object. Leading questions are not acceptable. At the end of the identification, a protocol is drawn up, which indicates the conditions, the results of the identification and, if possible, the explanations of the identifying person are stated verbatim.

In order to establish new circumstances relevant to the criminal case, testimony previously given by the suspect or accused, as well as the victim or witness, can be checked or clarified at the site associated with the event under investigation. Verification of testimony on the spot consists in the fact that the previously interrogated person reproduces on the spot the situation and circumstances of the event under investigation, points to objects, documents, traces that are important for the criminal case, demonstrates certain actions. Any outside interference in the inspection process and leading questions are unacceptable. Simultaneous on-site verification of the testimony of several persons is not permitted. Verification of testimony begins with an invitation to the person to indicate the place where his testimony will be checked. The person whose testimony is being checked may be asked questions after a free story and demonstration of actions.

Having recognized the need for a forensic examination, the investigator issues a resolution regarding this, which indicates:

) grounds for ordering a forensic examination;

) last name, first name and patronymic of the expert or the name of the expert institution in which the forensic examination should be carried out;

) questions posed to the expert;

) materials made available to the expert.

Forensic examination is carried out by state forensic experts and other experts from among persons with special knowledge.

The preliminary investigation is suspended if one of the following grounds exists:

) the person to be charged as an accused has not been identified;

) the suspect or accused has disappeared from the investigation or his location has not been established for other reasons;

) the location of the suspect or accused is known, but there is no real possibility of his participation in the criminal case;

) temporary serious illness of the suspect or accused, certified by a medical report, prevents his participation in investigative and other procedural actions.

The investigator issues a resolution to suspend the preliminary investigation, a copy of which is sent to the prosecutor. If two or more accused are involved in a criminal case, and the grounds for suspension do not apply to all the accused, then the investigator has the right to separate and suspend the criminal case in relation to individual accused. For the reasons specified in paragraphs 1) and 2), the preliminary investigation is suspended only after its period has expired. On the grounds specified in paragraphs 3) and 4) the preliminary investigation may be suspended until the end of its term.

Before the suspension of the preliminary investigation, the investigator carries out all investigative actions that can be carried out in the absence of the suspect or accused, and takes measures to search for him or to identify the person who committed the crime.

The preliminary investigation is resumed based on the investigator’s decision after:

) the grounds for its suspension no longer exist;

) there is a need to carry out investigative actions that can be carried out without the participation of the suspect or accused;

) the prosecutor canceled the decision to suspend the preliminary investigation.

Having recognized the decision of the head of the investigative body or investigator to suspend the preliminary investigation as illegal or unfounded, the prosecutor, no later than 14 days from the date of receipt of the criminal case materials, cancels it, about which he issues a reasoned resolution outlining the specific circumstances subject to additional investigation, which, together with the criminal case materials cases are immediately forwarded to the head of the investigative body.

A suspended preliminary investigation may also be resumed on the basis of a resolution of the head of the investigative body in connection with the cancellation of the corresponding resolution of the investigator.

The suspect, the accused, his defense attorney, the victim, his representative, the civil plaintiff, the civil defendant or their representatives, as well as the prosecutor are informed about the resumption of the preliminary investigation.

The end of the preliminary investigation with an indictment is the final stage of the preliminary investigation stage, at which the final charge is formulated to be considered in court. An indictment is a procedural document that formalizes the final decision for the preliminary investigation, which describes its progress, results and formulates the final charge to be considered in court. The indictment with references to the sheets and volumes of the case shall contain the following information:

information about the identity of each of the accused.

the essence of the charge, the place and time of the crime, its motives and goals. All together this constitutes the scope of the accusation (the plot of the case), i.e. detailed description specific circumstances of the crimes charged to each of the accused. The indictment is supplemented by appendices. They consist of a list of persons to be summoned to court by the prosecution and the defense, and a certificate of the progress of the case. The list of witnesses (specialists, experts) on the part of the defense is formed on the basis of their petitions submitted when familiarizing themselves with the materials of the completed investigation (Part 4 of Article 217 of the Code of Criminal Procedure). The information about the progress of the case includes information about: the timing of the investigation; selected preventive measures; time in custody and under house arrest; material evidence and the place of its storage; civil suit; measures taken to ensure it and ensure the possible confiscation of property obtained as a result of criminal actions or acquired by criminal means; procedural costs; measures taken to care for the dependents of the accused and to protect his property. The indictment is prepared with copies - for delivery to the accused, defense lawyer and victim, as well as for leaving a copy with the prosecutor.

During the internship, difficulties arose from time to time, such as: problematic summonses for questioning of witnesses and victims in criminal cases (evasion to appear before the investigator, reluctance to make contact with the investigator), problems during interrogations of suspects, accused persons and other investigative actions with their participation (refusal of these persons to sign protocols of investigative actions, simulation of an insane state by these persons, deliberate damage to protocols of investigative actions), deliberate attempts by suspects, accused and their defenders to mislead the investigation, to delay the timing of the preliminary investigation by various actions. These difficulties periodically occur in the work of every investigator.

I don’t have any suggestions or recommendations for further improvement of the organization where I did my internship, the internship process, or the training process, because... The Main Directorate of the Ministry of Internal Affairs of Russia for the Volga Federal District is a fairly serious organization, with a well-established work mechanism and a sufficient level of professional competence each of your employees.

______________________ ___________________________

(signature of the student) (signature of the internship supervisor from the organization)