Investigative committee. What does the investigative committee do? The main tasks and principles of activity of the Investigative Affairs of the Russian Federation

Investigative Committee of the Russian Federation- federal government body exercising powers in the field of criminal proceedings.

The activities of the committee are managed by the President of the Russian Federation. He also appoints and dismisses the Chairman of the Investigative Committee of the Russian Federation, his deputies, heads of the main investigative departments, investigative departments for the constituent entities of the Russian Federation, and other officials for whom the assignment of higher special ranks is provided.

The Investigative Committee of the Russian Federation is entrusted with the following tasks:

• prompt and high-quality investigation of crimes in accordance with jurisdiction;
• ensuring legality when receiving, registering, verifying reports of crimes, initiating criminal cases, conducting preliminary investigations, as well as protecting the rights and freedoms of man and citizen;
• implementation of procedural control over the activities of investigative bodies of the Investigative Committee of the Russian Federation and their officials;
• organizing and implementing, within the limits of its powers, the identification of circumstances conducive to the commission of crimes, taking measures to eliminate such circumstances;
• international cooperation in the field of criminal proceedings;
• development of measures to implement state policy in the field of implementation of Russian legislation on criminal proceedings;
• improvement of legal regulation in the established field of activity;
• determining the procedure for generating and submitting statistical reports and reporting on investigative work and procedural control.

Structure of the Investigative Committee of the Russian Federation as follows:

As can be seen from the figure, in the Investigative Committee of the Russian Federation there are 4 types of structural divisions: main departments and departments of the central apparatus, located in Moscow; territorial bodies (for constituent entities of the Russian Federation and other territories); specialized investigative bodies that investigate cases of crimes in transport, in the customs sector, related to environmental issues, in the closed territorial entity “Mezhgorye”, at the Baikonur complex; military investigation units. In many ways, the structure of the Investigative Committee resembles a system of organs.

The committee also has subordinate educational institutions - the Academy of the Investigative Committee of the Russian Federation and the Cadet School of the Investigative Committee of the Russian Federation named after. Alexander Nevsky.

The organ has quite a lot of independence. In particular, interference in the activities and influence on employees of the Investigative Committee of the Russian Federation by federal government bodies, government bodies of constituent entities of the Russian Federation, local government, public associations and organizations, other bodies, the media, their representatives, as well as officials is unacceptable.

At the same time, the requirements (requests, instructions) of an employee of the Investigative Committee of the Russian Federation, presented (sent, data) when checking a report of a crime, conducting a preliminary investigation or exercising other powers, are mandatory for execution by all enterprises, institutions, organizations, officials and other persons immediately or in the period specified in the requirement (request, instruction).

Also employees of the Investigative Committee of the Russian Federation when exercising procedural powers, has the right:

• to freely enter the territories and premises occupied by federal government bodies, government bodies of constituent entities of the Russian Federation and local governments, as well as enterprises, institutions and organizations, regardless of their form of ownership, and have access to their documents and materials in order to check what is in his possession reporting a crime or investigating a criminal case;
• enter residential and other premises owned by citizens, land plots when suppressing the commission of a crime, pursuing persons suspected of committing a crime, or having sufficient data to believe that a crime has been committed or is being committed there;
• demand from heads and other officials of bodies, enterprises, institutions and organizations to provide the necessary documents, materials, statistical and other information, to allocate specialists to clarify the issues that arose during the inspection of a crime report and conduct a preliminary investigation;
• require from officials of relevant bodies, enterprises, institutions and production organizations for these purposes documentary checks, audits, studies of documents, objects, corpses and involve specialists in these checks, audits, studies;
• summon officials and other persons for explanations and investigative actions during pre-trial proceedings.

Jurisdiction of the Investigative Committee of the Russian Federation includes a fairly impressive list of articles of the Criminal Code of the Russian Federation. In particular, murder, causing death by negligence, incitement to suicide, kidnapping, rape and other crimes of a sexual nature, violation of the inviolability of home, privacy, confidentiality of correspondence, telephone conversations, falsification of vote results, violation of copyright and related rights, abuse of authority, commercial bribery, giving a bribe, receiving a bribe, etc. If the indicated acts were committed by persons in the military, then military investigative authorities are involved in their investigation.

The amount of work done by the Investigative Committee of the Russian Federation is very significant. Every year, employees initiate about 150 thousand criminal cases. Plus the investigation of cases from past years is added to them. Sometimes the investigator is tasked with up to several dozen cases. The reason is a relatively small staff for such a volume of work. All divisions of the committee have about 23 thousand employees (223 of them are in positions that provide for the assignment of higher (general) special ranks), incl. approximately 2 thousand military investigators.

Clause 16 of the Regulations on the Investigative Committee of the Russian Federation (approved by Decree of the President of the Russian Federation of January 14, 2011 No. 38).

Clause 4 art. 1 of the Federal Law of December 28, 2010 No. 403-FZ “Investigative Committee of the Russian Federation”.

Clause 1 Art. 6 of the Federal Law of December 28, 2010 No. 403-FZ “Investigative Committee of the Russian Federation”.

Clause 2 Art. 7 of the Federal Law of December 28, 2010 No. 403-FZ “Investigative Committee of the Russian Federation”.

The Investigative Committee of the Russian Federation is an independent body of the federal executive power, whose powers extend to the sphere of criminal proceedings (within the limits established by the Code of Criminal Procedure of the Russian Federation). Like any other government body, it carries out its activities based on its own legal framework.

The main regulatory legal act regulating the organization and activities of this investigative body is the Law on the Investigative Committee of the Russian Federation. This Law regulates the tasks and principles of the organization and activities of the Investigative Committee of the Russian Federation, issues of its systemic organization, the legal status of its employees, as well as other issues.

The next most important regulatory legal acts for the Investigative Committee of the Russian Federation are the Regulations on the Investigative Committee of the Russian Federation and the List of positions in the Investigative Committee of the Russian Federation, approved by Decree of the President of the Russian Federation of January 14, 2011 No. 38 “Issues of the activities of the Investigative Committee of the Russian Federation.” The first of them clarifies and develops the provisions of the Law on the Investigative Committee of the Russian Federation. The second concerns the system of positions and titles.

Of no less legal importance is the Code of Ethics and Official Conduct of Federal Civil Servants of the Investigative Committee of the Russian Federation, approved by the Chairman of the Investigative Committee of the Russian Federation on April 14, 2011. This regulatory document includes the basic principles and rules of official conduct of civil servants, advisory rules of conduct for civil servants, as well as issues related to the imposition of liability for violation of relevant rules.

Main tasks The Investigative Committee of the Russian Federation (within the powers granted to it) are (Articles 1, 8, 9, 11 of the Law on the Investigative Committee of the Russian Federation in conjunction with):

• – fast (prompt) and comprehensive, complete and objective (high-quality) investigation of crimes (according to the jurisdiction determined by the Code of Criminal Procedure of the Russian Federation);
• – ensuring respect for human and civil rights and freedoms, as well as the rule of law when receiving, registering, verifying reports of crimes, initiating criminal cases, and conducting preliminary investigations;
• – implementation of intradepartmental procedural control over crime investigation activities;
• – identification and elimination of circumstances conducive to the commission of crimes;
• – implementation of international cooperation in the field of criminal proceedings;
• – development of proposals (measures, activities, programs) for the implementation of criminal procedure policy;
• – participation in law-making activities and improvement of criminal procedural legislation;
• – ensuring interaction (coordination and joint work) with other law enforcement agencies to maintain law and order and fight crime;
• – information and statistical support for one’s own activities, intradepartmental (lower investigative units and officials to their management) and departmental (to the President of the Russian Federation) accountability (determining the procedure for the formation and presentation of statistical reports and reporting on investigative work and procedural control).

The organization of the activities of the Investigative Committee of the Russian Federation is based on principles, provided for in Art. 2, 5, 6 of the above Law:

• – unity of form and content – ​​the presence of investigative bodies of common functions and the performance of common tasks in uniform ways and means;
• – legality – the exercise of their powers in accordance with the Code of Criminal Procedure of the Russian Federation and other legislation of the Russian Federation;
• – centralization – implementation of investigative and other powers within the framework of subordination relations between subordinate and superior employees, subordination and accountability of lower bodies and officials to higher bodies and officials, including the President of the Russian Federation;
• – independence – the inadmissibility of the investigative bodies and their officials from having any relations (material or intangible) of dependence on authorities, public associations and organizations, other bodies (including in the form of representation in the bodies of foreign non-profit non-governmental organizations, unless otherwise provided for by an international treaty of the Russian Federation or legislation of the Russian Federation);
• – transparency – openness of the implementation of measures and actions and information openness of the results of investigative activities for authorities and the population (if this does not conflict with the observance of human and civil rights and freedoms, the requirements of criminal procedural legislation and the legislation of the Russian Federation on state and other secrets protected by law );
• – depoliticization – the inadmissibility of involving employees of investigative bodies, in any form, in political activities, committing and (or) making politically motivated actions and decisions;
• – de-commercialization – a ban on employees of investigative agencies combining their work with commercial or other activities carried out on a reimbursable basis;
• – creative freedom – the admissibility of combining one’s work with teaching, scientific and other creative activities, except for activities financed exclusively by foreign states, international and foreign organizations, foreign citizens and stateless persons (unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation ).

As already noted, the Investigative Committee of the Russian Federation is a single federal centralized (vertically integrated) system of investigative bodies and institutions and operates on the basis of subordination of lower-level managers to higher-level managers and the Chairman of the Investigative Committee of the Federation. The activities of the Investigative Committee are managed by the President of the Russian Federation.

The systematic organization of investigative bodies is based on principles.

• – compliance of their external structure with the administrative-territorial and military-administrative division of the Russian Federation;
• – intrasystem centralization (subordination of lower bodies to higher bodies);
• – procedural and organizational control (by the heads of investigative bodies) over investigators in combination with their procedural independence during criminal proceedings.

The Investigative Committee of the Russian Federation is headed by Chairman of the Investigative Committee of the Russian Federation, appointed to a position and dismissed from office by the President of the Russian Federation. The Chairman bears personal responsibility for the implementation of the tasks facing the Investigative Committee of the Russian Federation and the implementation of state policy in the field of criminal procedural activities (within the limits established by law).

The Chairman of the Investigative Committee of the Russian Federation has a first deputy and deputies, including the Deputy Chairman of the Investigative Committee of the Russian Federation - the head of the Main Military Investigation Department. The number of Deputy Chairmen of the Investigative Committee of the Russian Federation is established by the President of the Russian Federation.

The First Deputy and Deputy Chairman, including the Deputy Chairman of the Investigative Committee of the Russian Federation - the head of the Main Military Investigation Directorate, are appointed and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Investigative Committee of the Russian Federation.

The Chairman of the Investigative Committee of the Russian Federation has advisers, senior assistants and assistants, senior assistants for special assignments and assistants for special assignments.

The First Deputy and Deputy Chairman of the Investigative Committee of the Russian Federation, including the Deputy Chairman of the Investigative Committee of the Russian Federation - the head of the Main Military Investigation Directorate, have assistants on special assignments.

The Deputy Chairman of the Investigative Committee of the Russian Federation - the head of the Main Military Investigation Directorate also has a first deputy and deputies, senior assistants and assistants.

The central apparatus of the Investigative Committee of the Russian Federation includes the following main functional structures:

• – Main Investigation Department;
• – Main Directorate of Procedural Control;
• – Main Organizational Inspection Directorate;
• – Main Directorate of Criminalistics;
• – Main Directorate for Operations Support;
• – Main Investigation Department for the North Caucasus Federal District;
• – Investigative departments for federal districts;
• – Department of procedural control over the investigation of particularly important cases in federal districts;
• - Main Military Investigation Department.

In addition, in the central office of the Investigative Committee of the Russian Federation there have been formed additional (auxiliary) structures: Main Directorate for Operations Support, Personnel Directorate, Legal Directorate, Directorate for Interaction with the Media, Directorate for International Legal Cooperation, Directorate for Consideration of Citizens' Appeals and Documentation Support, Directorate for the Protection of State Secrets, Directorate for Physical Protection, Department of Information and Documentation Support for the Chairman of the Investigative Committee Committee of the Russian Federation.

Main Investigation Department consists of the following structural divisions:

• – departments for investigating particularly important cases of crimes against the person and public safety;
• – departments for investigating particularly important cases of crimes against state power and in the economic sphere;
• – Department of Procedural Control and Methodological and Analytical Support, Documentation Support Department.

The Main Directorate of Procedural Control includes:

• – Department of procedural control over investigative bodies;
• – Department of procedural control in the field of anti-corruption;
• – Department of procedural control over the investigation of particularly important cases;
• – organizational and analytical department and documentation support department.

Main Organizational Inspection Directorate consists of the following structural units:

• – organizational and control management;
• – information and methodological management;
• – management of own safety;
• – department of operational services;
• – Documentation support and proofreading department.

Main Directorate of Criminalistics subdivided

to the following departments and departments:

• – methodological and forensic management;
• – technical and forensic department;
• – Department of organization of expert and forensic activities;
• – documentation support department;
• – department for the implementation of forensic and special equipment.

Main Directorate for Operations Support consists of the following divisions:

financial and economic management;

• – logistics department;
• – business management;
• – control and audit department;
• – capital construction department;
• – department of organizational and documentation support.

The main investigative department and the investigative departments of the federal districts have a similar structure (in terms of subject-functional content).

A special link in the organizational structure of the Investigative Committee of the Russian Federation is Main Military Investigation Department. Subordinate to him are military investigative departments for military districts, fleets, Strategic Missile Forces and the city of Moscow. The lowest level of military investigative bodies are departments or divisions in military garrisons, units, formations, and associations.

The territorial bodies (structures) of the Investigative Committee of the Russian Federation include investigative departments and main investigative departments in the constituent entities of the Russian Federation. Main investigative departments were created in four constituent entities of the Russian Federation: in Moscow, in the Moscow region, in St. Petersburg and in the Krasnoyarsk Territory.

The lowest level of territorial structures is investigative departments by district and city.

Within the structure of the Investigative Committee of the Russian Federation there are also specialized investigative departments for transport and other specialized investigative bodies. These include the Moscow Interregional, Northwestern, Volga, Southern, Ural, West Siberian, East Siberian and Far Eastern transport investigation departments. Volga Interregional Environmental Investigation Department and investigative departments in closed administrative-territorial entities. The lowest divisions of these investigative bodies are specialized investigative departments, equivalent to district ones. The jurisdiction of these specialized investigative bodies is established by order of the Investigative Committee of the Russian Federation dated January 15, 2011 No. 4.

Service in the Investigative Committee of the Russian Federation refers to a type of federal civil service that its employees perform. In other words, investigators and other officials of this state body are federal civil servants performing duties in the positions they fill in the federal public service, taking into account the specifics provided for by the Law on the Investigative Committee of the Russian Federation and other regulatory legal acts of the Russian Federation. This means that employees of the bodies of the Investigative Committee of the Russian Federation are subject to labor legislation (taking into account the specifics provided for this type of service). The exception is made by officials of military investigative bodies, which can only be military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies. Therefore, the procedure for their military service in the Investigative Committee of the Russian Federation is regulated by Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service” (taking into account the specifics of the investigative service).

At the same time, certain positions in the Investigative Committee of the Russian Federation can be filled by federal state civil servants, who are subject to the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”.

Only citizens of the Russian Federation who have received a higher legal education in accordance with the procedure established by law, have the necessary professional and high moral qualities and are in good health to perform the duties assigned to them by the service can apply for the position of employee of the Investigative Committee of the Russian Federation.

In exceptional cases, citizens who have completed three courses of an educational institution of higher professional education in a legal specialty may be appointed to the positions of investigators of district, city investigative departments and investigative departments of the Investigative Committee of the Russian Federation (and equivalent units). In addition, citizens who do not have a higher legal education may be appointed to certain positions in the federal public service in the Investigative Committee of the Russian Federation, if they have another higher professional education corresponding to the position being filled.

At the same time, a citizen cannot be hired for service (including civil public service) or for work under an employment contract in the Investigative Committee of the Russian Federation if he:

• – by a court decision that has entered into legal force, is incapacitated or has limited legal capacity;
• – by a court verdict that has entered into legal force, he was convicted of a crime;
• – has a criminal record or had a criminal record that was withdrawn or expunged;
• – criminal prosecution is carried out against him or criminal prosecution is terminated on a non-rehabilitative basis (due to the expiration of the statute of limitations, due to the reconciliation of the parties, as a result of an amnesty act, due to active repentance, etc.);
• – refused to obtain access to information constituting state and other secrets protected by law, if the position for which the citizen is applying requires the use of such information;
• – has a disease that does not allow him to perform his duties;
• - is closely related or related (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of spouses) with an employee or federal civil servant of the Investigative Committee of the Russian Federation (if the position for which he is applying involves the emergence of subordination relations between them);
• – lost the status (left or was deprived) of a citizen of the Russian Federation;
• – a citizen of another state or other states (unless otherwise provided by an international treaty of the Russian Federation);
• – submitted forged documents or knowingly false information upon admission to the investigative service;
• – did not provide the necessary information or provided knowingly false information about the income, property, and property obligations of him, his spouse and minor children;
• – did not fulfill the duties and did not comply with the restrictions provided for by the Federal Law “On Combating Corruption”.

Citizens who have received a higher legal education under agreements on targeted training concluded by them with the Investigative Committee of the Russian Federation (at the expense of the federal budget) are required to serve in the investigative bodies or institutions of the committee for at least five years. Moreover, in the event of early termination of the investigative service (except for cases of dismissal for health reasons, dismissal of a woman with a child under eight years of age, as well as in connection with conscription for military service, abolition of the relevant investigative body or institution, reduction in the number or staff of its employees), such citizens fully reimburse the funds spent on their training.

Citizens of at least 25 years of age who have work experience in the legal profession are appointed to the positions of heads of district, city (and equivalent) investigative departments and investigative departments of the Investigative Committee for districts, cities and equivalent, including specialized investigative departments of the Investigative Committee. in the Investigative Committee of the Russian Federation, investigative bodies of federal executive authorities (under the relevant federal executive authorities), prosecutors, and judicial authorities for at least three years. Appointment to the position of these managers is made for a period of no more than five years; holding the position for more than two terms in a row is not allowed.

Citizens of at least 30 years of age who have legal experience in the Investigative Committee are appointed to the positions of heads of the main investigative departments and investigative departments of the Investigative Committee for the constituent entities of the Russian Federation (including their divisions) and equivalent specialized investigative departments and investigative departments of the Investigative Committee of the Russian Federation. of the Russian Federation, investigative bodies of federal executive bodies (under the relevant federal executive bodies), prosecutors, and in the judiciary for at least five years. Appointment to the position of these managers is made for a period of no more than five years; holding the position for more than two terms in a row is not allowed. The Chairman of the Investigative Committee of the Russian Federation has the right, in exceptional cases, to appoint to such positions heads of investigative bodies of the Investigative Committee of the Russian Federation who have experience in senior positions in government bodies.

Investigative Committee of the Russian Federation (IC of Russia)- a federal government body in Russia that exercises powers in the field of criminal proceedings and other powers in accordance with the law. Formed on the basis of the Investigative Committee under the Prosecutor's Office of the Russian Federation. Began its activities on January 15, 2011. It is a state paramilitary organization. Granted the right to conduct preliminary investigation and inquiry. The UK provides for military, law enforcement and civil service.

The activities of the Investigative Committee are led by the President of Russia.

Structure of bodies and institutions of the Investigative Committee of Russia

The Investigative Committee system includes:

· central office of the Investigative Committee of Russia

· main investigative departments and investigative departments for the constituent entities of the Russian Federation

· transport, environmental, military and other specialized main investigative departments and investigative departments for the constituent entities of the Russian Federation and investigative departments equivalent to them

· investigative departments and departments by district, by city

· transport, environmental, military and other specialized investigative departments and departments by region, city and equivalent investigative departments

· Educational organizations of the Investigative Committee

· Other institutions of the IC of Russia

The structure of the Central Office of the Investigative Committee of the Russian Federation includes:

· Main Investigation Department

· Office for the Investigation of Particularly Important Cases of Crimes against the Person and Public Safety

· Department for the investigation of particularly important cases of crimes against state power and in the economic sphere

· First Investigation Department

Second Investigation Department

· Third Investigation Department

· Fourth Investigation Department

· Fifth Investigation Department

· Sixth Investigation Department

· Seventh Investigation Department

· Department for the investigation of crimes committed by law enforcement officials

· Department of methodological, analytical and documentation support

Main Investigation Department for the North Caucasus Federal District

· Department for Investigation of Particularly Important Cases

· Forensic control department

· Department of Interdepartmental Cooperation and Physical Protection

· Operations support department

· Department for reception of citizens and consideration of appeals

· Main Directorate of Procedural Control

· Department of procedural control over investigative bodies

· Department of procedural control in the field of anti-corruption

· Department of procedural control over the investigation of particularly important cases

· Organizational and analytical department

· Documentation support department

· Main Directorate of Criminalistics

· Methodological and forensic department

· Technical and forensic department

· Department of organization of expert and forensic activities

· Department of criminalistic investigation support

· Organizational and analytical department

· Documentation support department

Main organizational and inspection department

· Organizational and control management

· Information and methodological management

· Internal security management

· Operational Services Department

· Documentation support and proofreading department

Main Directorate for Supporting the Activities of the Investigative Committee of the Russian Federation

· Financial and economic management

· Logistics Department

· Case management

· Control and audit department

Capital Construction Department

Information Technology Department

· Procurement management department

· Department of organizational and documentation support

· Office for the Investigation of Crimes Related to the Use of Prohibited Means and Methods of War

· Department of procedural control over the investigation of particularly important cases in federal districts

· Human Resources Department

· Legal management

· Media Relations Department

· Department of International Legal Cooperation

· Department for consideration of citizens' appeals and documentation support

· Office for the Protection of State Secrets

· Office of physical protection

· Department of information and documentation support of the Chairman of the Investigative Committee of Russia

Main Military Investigation Department

The IC of Russia performs the following functions:

· Carrying out pre-investigation checks on reports of crimes received by the Investigative Committee

· Carrying out preliminary investigations in criminal cases in accordance with the law

· Carrying out forensic support for crime investigations

· Carrying out forensic activities

· Implementation of procedural control and inspections of the activities of investigative bodies

· Ensuring your own safety

· Other functions provided for by the legislation of the Russian Federation

29. State security bodies: goals, functions

An important component of the state’s law enforcement system, special law enforcement agencies whose main activities are aimed at suppressing and solving crimes against the existing state (constitutional) system, external and internal security of the state. Within the competence of the State Security Bureau. may also include functions of an intelligence and information nature, security of higher state bodies, provision of government communications, protection of state borders. In democratic states O.g.b. are fighting such crimes as terrorism, high treason, espionage, sabotage, attacks on the lives of government officials, violent seizure of power and armed rebellion. In non-democratic (authoritarian, totalitarian) states, the activities of the O.G.B. is directed both against the above-mentioned criminal offenses (often acquiring a “political” character) and against the completely peaceful social activity of political opponents of the regime (dissidents).

In democratic states O.g.b. must act in accordance with the principle of legality and under the control of authorized government bodies (courts, prosecutors, parliament). For authoritarian countries, the usual practice is almost complete lack of control over the activities of the OGB. (usually subordinate only to the head of the regime), and often a kind of “immunity” from legal liability for acts committed by employees of the O.G.B. unlawful acts (kidnappings, torture, extrajudicial executions and murders, including on the territory of other states).