Current theoretical issues in modern investigative practices

Criminal justice has long been one of the most contentious spheres of human relations, with its evolution -particularly within the continental legal model and especially in its Russian iteration - primarily reflecting the transformation of its pretrial phase. This stage has undergone frequent modifications, continually generating new theoretical and practical challenges. Notably, Russia's institution of preliminary criminal investigation has followed an exceptionally complex and contradictory developmental path. These changes have prompted criminal procedure scholars to seek optimal procedural and functional-legal frameworks for pretrial proceedings. Recent reforms, however, have yielded less than optimistic outcomes, including the absence of a scientifically grounded, forward-looking model for pretrial system improvement; systemic imbalances in Russia's judicial reforms that have left pretrial procedures lagging behind other criminal justice institutions; a predominance of quantitative over qualitative enhancements in pretrial agencies' work; and disproportionate emphasis on judicial independence while maintaining the investigative bodies' strict departmental subordination - creating avenues for external influence on judicial decisions through vulnerable investigators. Further complications include the historical depersonalization of investigators as professional prestige declines; inadequate organizational-legal support for implementing new legislation despite high enforcement costs; persistent legal nihilism among officials who prioritize socially expedient outcomes over proper legal procedures; and the lack of constructive dialogue between academia and policymakers, resulting in legislators' insufficient engagement with recent theoretical advances for improving criminal justice. The author declares no conflicts of interests.

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