The institute of a judicial investigator appeared in the Russian Empire in its original form back in 1860, that is, in fact, before the judicial reform itself, but later the institute was improved precisely as an element of the judicial reform of 1864. Initially, in 1860, the Order to judicial investigators, as well as the act that was simultaneously put into effect - "The Order of the police on the conduct of inquiries into crimes and misdemeanors" - prescribed joint work with the police (cooperation), but the principles and forms of such cooperation were not proposed [1, p. 323]. The judicial investigation at that time was inextricably linked with the judicial element. Both the competence of the judicial investigator and their relationship with the court and the prosecutor were first regulated in detail by the Statute of Criminal Proceedings of 1864 . In particular, on the basis of Article 288 of the Statute, the main task of the judicial investigator was to conduct a preliminary investigation in the district or city assigned to him. Articles of Association 315, 320, 357, 361, 398, 433, 454 he regulated in detail the investigator's production of individual investigative actions necessary to fulfill the tasks assigned to him. Moreover, for the first time, the powers (powers) of the investigator were considered as his duties. For example, by virtue of Article 266 of the Statute, the investigator was obliged to take all measures necessary to collect evidence in a timely manner, was obliged to prevent any delay in detecting and preserving traces and signs of a crime, especially those that may disappear over time.
The judicial investigator was strictly accountable not only to the court, but also to the prosecutor, who often decided for the investigator the issue of organizing his interaction with the police. In particular, by virtue of Article 278 of the Statute, "prosecutors and their comrades do not conduct preliminary investigations themselves, but only give suggestions to Judicial investigators and constantly monitor the production of these investigations," but conflicts related to the refusal of judicial investigators to fulfill the prosecutor's requirements have already been resolved by the court.
Article 280 of the Charter contained the norm that "prosecutors and their comrades have the right to be present at all investigative actions and to consider on the spot the original proceedings, without stopping the course of the investigation," and only the court could compel the judicial investigator to fulfill this requirement. Again, in accordance with Article 281 of the Statute, "in all subjects related to the investigation of a crime and to the collection of evidence, the Judicial Investigator fulfills the lawful requirements of the Prosecutor or his Comrades, with a note in the protocol, which measures were taken at his request," if the legal requirements of the prosecutor were not fulfilled, the court forced the judicial investigator to fulfill them. At the same time, Article 282 of the Statute determined that - "if an obstacle is encountered in the fulfillment of the requirements of the Prosecutor or his Comrade, then the Judicial Investigator, taking measures to fulfill the required, as far as possible, notifies the person who submitted the claim and waits for his permission."
List of sources used:
1. Foynitsky I. Ya. Course of criminal proceedings. St. Petersburg, 1996 Vol. 2 - 556 p.
2. The Statute of Criminal proceedings of November 20, 1864 Reprint. M., 2018. - 388 p.