Psychological Characteristics of Scientific Approaches to Understand the Concept of «Interaction» between the Investigator and a Prosecutor in the Modern Legal Space

Abstract

The paper considers the issues of changing the perception of the concept of «interaction between the investigator and the prosecutor in the criminal process» under the influence of modern research in the field of legal psychology. Various scientific approaches to understanding «interaction» and their impact on legislation, as well as reflection in the practice of pre-trial investigation of criminal proceedings are analyzed. The purpose of the study is to identify promising ways to improve the interaction between the investigator and the prosecutor during the pre-trial investigation in Ukraine, taking into account modern domestic legal and psychological doctrine. Methodology. For the preparation of this work were used as general scientific method (deduction, induction, analogy, analysis, synthesis, abstraction and modeling), which highlighted the problematic issues of interaction between investigator and prosecutor at the pre-trial investigation of criminal proceedings and special research methods. Among them are the following: historical; comparative, formal-logical, system-structural and functional methods. The scientific novelty of the results is that the author has improved his doctrinal understanding of the psychological aspects of the investigator's interaction with the prosecutor, while preserving in the legislation the concept of procedural self-investigator and expanding the procedural powers of the prosecutor as procedural manager. The author proposes to consider the interaction of the investigator and the prosecutor in a broader psychological context, not currently regulated by current criminal procedure law. Conclusions. In the legal and psychological doctrine of Ukraine, there are currently significant changes in approaches to understanding the essence of the interaction between the investigator and the prosecutor. Increasingly important in the study of this issue is given to the concepts of management theory and comes to the fore the need to understand the interaction between prosecutor and investigator as a process of professional interpersonal communication, taking into account the whole complex of components of human relationships. When assessing the level of such interaction should pay attention not only to the purely professional qualities of both participants, but also their moral and ethical principles and attitudes, purpose and motives of behavior, mental state to the conditions of activity in each situation.

Keywords: interaction; relations; investigator; prosecutor; interpersonal communication; procedural independence; instructions of the prosecutor.