General approaches to characterizing the structural elements of the jurisdiction of an investigating judge in criminal proceedings

The paper investigates the jurisdiction of the investigating judge as a governmental entity, its structural elements. It was stated that the achievement of the objectives of criminal proceedings should be performed by the investigating judge purely through the exercise of procedural function – judicial control. The distribution of the purposes of criminal proceedings is proposed. The external and internal boundaries of the jurisdiction of the investigating judge are analysed. The general theory of jurisdiction and criminal procedural science proves that the competence of the governmental subject includes a number of structural elements: statutorily established goals; jurisdiction as the legally defined spheres and objects of influence; power as a measure guaranteed by law for decision-making and taking action; responsibility for failure to comply with the decisions of an entity with the relevant competence. This structure of competence, being extrapolated to the jurisdiction of the investigating judge, not only provides heredity as a principle of scientific knowledge development, but also offers a comprehensive look at this issue, revealing both the specificity of the legal nature of the investigative judge’s jurisdiction, and theoretical and applied aspects that require scientific comprehension. The relevance of the study is determined by the lack of a comprehensive scientific study of the structural elements of the investigative judge’s jurisdiction in criminal proceedings. The emergence of new procedures, the constant extension of the powers of the investigating judge formed a request for the development and supplementation of the tenets of modern legal understanding of their jurisdiction. To achieve this purpose, common scientific methods and techniques, such as dialectical, systemic, structured system, modelling and abstraction, generalization, statistical, argumentation, content analysis and practical experience. The conducted research constitutes a theoretical basis for solving scientific and practical questions related to finding the optimal statutory model of investigative judge’s jurisdiction in criminal proceedings