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The presented article attempts to answer the question about the absence of the head of the body of inquiry among the subjects of the assessment of the evidence provided for by the provisions of Articles 17 and 88 of the Code of Criminal Procedure of the Russian Federation, despite the fact that the named participant in criminal proceedings inevitably takes part in such an assessment, which is part of the procedure for considering a criminal case. Attention is drawn to the existing conflict between the powers of the prosecutor established in the criminal procedure law and the powers of the head of the body of inquiry when they approve the indictment or indictment. The author seeks to prove the need for normative consolidation of the right of the head of the body of inquiry in the consideration of a criminal case and the assessment of evidence that accompanies it, primarily when approving indictments and resolutions by him.
Dmitry A. Stepakov (Thu,) studied this question.