Review

The article is devoted to the analysis of the legal relations between the investigator and the head of the pre-trial investigation body within the criminal process of Ukraine, with a special emphasis on their role as subjects of evidence. The purpose of the article is a comprehensive analysis of the problems of criminal procedural relations between the investigator and the head of the investigation unit and the development of scientifically substantiated proposals for their solution. The normative and legal regulation of the interaction of the investigator and the head of the pre-trial investigation body is considered in accordance with the provisions of the Criminal Procedure Code of Ukraine, special laws and departmental regulations. Particular attention is paid to the problems of the separation of powers, in particular, the issues of the procedural independence of the investigator and the control functions of the head of the investigation unit, which affects the process of evidence in criminal proceedings. The main conflict aspects of legal relations are identified, including excessive administrative control, interference in the investigator’s procedural decisions, the absence of clear criteria for assessing work efficiency, and insufficient responsibility of the manager for exceeding his powers. It is noted that the investigator, as a procedurally independent person, is responsible for the completeness, comprehensiveness, and objectivity of the collection of evidence, while the head of the pre-trial investigation body exercises control over the activities of investigators, ensures the legality and legal validity of their procedural actions, which directly affects the quality of the collected evidence. Based on the analysis of judicial practice and disciplinary proceedings, typical situations of conflicts between investigators and their managers that negatively affect the process of proving evidence are outlined. Ways of improving regulatory regulation and practical recommendations are proposed to ensure a balance between the independence of the investigator and the supervisory functions of the head of the pre-trial investigation body. The need for the introduction of electronic control over the written instructions of the head, the unification of the criteria for evaluating the activities of investigators and the strengthening of responsibility for illegal interference in their work is substantiated, which will allow improving the process of proving in criminal proceedings and ensuring compliance with human rights in the criminal process.