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Controversial Questions of the Relationships of Public Members of Criminal Proceeding

Iravaban.net publishes the scientific work of Doctors of Law Aram Tamazyan and Arthur Ghambaryan on “Controversial questions of the relationships of public members of criminal proceeding”. 

The authors discuss separate controversial questions of the investigator, head of investigation division and the prosecutor. The authors mention that because of not exact legislative regulations and for the purpose of approving the departmental interests an unwise opposition arises between the public members of criminal proceeding in the result of which the general matters of criminal justice suffer. The opposition between the public members of criminal proceeding may facilitate the rise of the quality of the preliminary investigation if it matches in the frame of dialectics’ law. It is clear that the investigator by concrete case, head of the investigation department and the prosecutor, executing control, can have different positions. If the difference, opposition of positions is due to the demand of providing the effectiveness and legality of criminal proceeding, such opposition corresponds to the law of unity and struggle of dialectics opposition. So, it is legitimate from the point of view of dialectics when the prosecutor gives instructions to the investigator and the investigator, not being agreed with the instructions, appeals them or the prosecutor, not being agreed with the decisions of the investigator, annuls them. Analogical dialectical opposition between the investigator and the prosecutor facilitates to the development of criminal justice, rise of qualitative indications.
The authors discuss number of questions of practical meaning in the article, in particular if the blocking of executing constitutional function of the prosecutor’s office to order the criminal accusation by the body preliminary investigation is legitimate, if the prosecutor is competent to give instructions to the head of investigative division to execute procedural actions by the criminal case, being under the proceeding of the investigator, if the higher prosecutor is competent to address order of common disposition to the head of investigative division to provide procedural documents of definite group of criminal cases etc.

16th digest of scientific articles of Gavar State University. Yerevan, 2014. pages 535-549

A. Tamazyan
Deputy Chairman of RA Investigative Committee
Doctor of Law

A. Ghambaryan
Deputy Chairman of RA Investigative Committee
Doctor of Law

Full version is available in Armenian.

Iravaban.net

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