Review

Based on an analysis of the provisions of the legislation determined that the limits of the investigator`s competence are outlined specifics criminal proceeding opportunities to make an infusion only on certain subjects. The pre-trial investigation bodies haven`t competence to edition legal act which are required for all bodies, an Official and Citizens. They`re issues acts of application of legal norm only for a specific situation.

The objective of the article is researching of criminal procedural competence of investigator. Achievement of this objectives determines next task: 1. Studding position of legal act and scientific views regarding limited of the criminal procedural competence of investigator; 2. Determine how restricting criminal procedural competence of investigator.

Criminal procedural competence of investigator is limited powers of another official pre-trial bodies, prosecutors, judges. Criminal procedural competence of investigator is limited supervisory and control power an official of higher body ‘competence level’ of bodies lower level also, namely, conducts administrative control, prosecutors control and judicial control on pre-trial work.

Indicated that the competence of investigator is limited by competence of investigator another pre-trial bodies the same level because of ‘crossing competences. Duplication of competence concern only the subjects of knowledge and powers but not a function.

Defined that the limits of the investigator`s competence, except inadmissibility realization untypical for body or an official person function, the intervention in another subjects of knowledge, illegal override power of another body, and are installed the procedural terms. The latter are quite tough are regulating in law. They`re determine time limits of the investigator`s competence. Investigator`s competence time limits are determined of term of procedural acting and make a procedural decision in the pre-trial investigation.

Approval and alignment of higher official procedural decision of investigator, probably, is not a manifestation of limitation, but separating criminal proceeding competence between them. That separate is subject to necessity to realization conducts administrative control from the Head of pre-trial body or supervision from prosecutor by activity of investigator.

There`re further steps the scientific researches: researching amount of criminal procedural competence of investigator; determination functional appointment of criminal procedural investigator`s competence.

Key words: criminal procedural competence, the limits of criminal procedural competence, investigator, prosecutor, pre-trial investigation.