On the establishment of a modern institute of investigative judges in Russian criminal proceedings

A comprehensive discussion and thorough scholarly examination of these issues will enable the phased creation of a new organizational model for investigative judges. Possessing the necessary independence and procedural autonomy, such judges would be capable of ensuring effective protection of citizens' constitutional rights during the initiation and investigation of criminal cases. They would also guarantee citizens' access to justice for a substantive review of both the criminal legal dispute concerning guilt and the civil legal dispute regarding compensation for damage caused by the crime in a court of first instance. However, it must be acknowledged that achieving this goal, while undoubtedly necessary, will not occur immediately. Therefore, as an interim measure, we consider it feasible to establish a legislative prescription prohibiting a court from considering the substantive criminal legal dispute concerning guilt if the judge presiding over the case previously adjudicated any petitions or complaints during the initiation and investigation phase of that same criminal case. As judicial practice has demonstrated, achieving a separation of judicial functions at the initial stage of criminal proceedings (during the initiation and investigation of cases) from other types of judicial activity at an organizational level has proven impossible without explicit legislative codification. The authors declare no conflicts of interests.

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