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3.1. A role of the teacher (psychologist) by manufacture of investigatory actions with participation of the minor

Having systematised remedial forms of use by the teacher (psychologist) of the knowledge in process, we will concentrate on the basic direction of dissertational research - roles of this participant of process in investigatory actions.

Preliminary at least we will short define initial concept "investigatory actions" as essence and the purposes of investigatory actions predetermine the maintenance of activity of persons participating in them.

Last years in the theory of investigatory actions of representation of researchers about essence of the given institute are concentrated to two aspects - informative and remedial.

Many researchers recognise that investigatory action from the point of view of the informative essence acts as a way of collecting (formation) of proofs and represents regulated by the criminal procedure law and a complex carried out by the inspector informative and udostoveritelnyh the operations corresponding to features of displayed traces and adapted for effective search, perception and fastening of the evidentiary information containing in them, i.e. to reception of proofs of a corresponding kind [161]. According to such treatment which we divide, investigatory action is a way of extraction of the necessary information from the traces left event, and its preservation for subsequent use in proving on criminal case.

In remedial sense investigatory action represents the specific institute of the criminal procedure covering system of legal instructions (permissions, interdictions), defining the carrying out bases, a circle of participants, performance conditions, the maintenance and the form informative and udostoveritelnyh operations, and also the coercive measures applied to unfair participants and directed on reception of proofs of a certain kind [162]. This aspect also divided by us opens the remedial form of investigatory actions, including the maintenance of concrete receptions of extraction of the information, a circle of persons, got to take part in investigatory actions, their compulsory character. Last elements constituting institute of investigatory actions, are especially significant as directly concern activity of the teacher (psychologist) in respect of our research.

Defining the maintenance of remedial activity of the teacher (psychologist) got to take part in investigatory actions, it is necessary to resolve following questions, in our opinion: what circle of investigatory actions in which carrying out the teacher (psychologist) can be involved; what specific targets of this participant; what parity of problems carried out by it with problems of the lawyer - of the defender and the lawyer-representative; from what organisations the inspector can invite the teacher or the psychologist for participation in investigatory action. At last, it is important to establish, participation of the teacher (psychologist) in investigatory actions is how much effective, i.e. whether answers result of that purpose for the sake of which achievement this participant of process has been involved in manufacture. Consideration of these questions will lean against those general provisions which have been considered in the previous sections of work.

Participation of the teacher (psychologist) is necessary at carrying out not any investigatory actions, and only such which have verbal character [163].

We will specify, that itself the verbal information for the answer to this question will have great value for definition of a role of the specified persons in operating by it represents. The concept "verbal" has occurred from a Latin word verbum (a word, speech). In Russian the term "verbal" is defined as verbal or oral [164]. In the standard opinion, the verbal information is the information expressed by a word [165]. Indications (the witness who has sustained, the suspect convicted) represent the remedial form of the verbal information informed by the person during interrogation and some other investigatory actions.

Taking into account character of the information investigatory actions in the scientific literature and steadily share for a long time on verbal and nonverbal (non - verbal) [166]. According to a number of authors, the considered system should include one more element - the mixed investigatory actions directed on reception of the information from system sources [167]. Distinctions between kinds of investigatory actions consist in receptions, methods of extraction of the corresponding information.

Researchers carry to "verbal" the investigatory actions based on operation of inquiry, defining last as a special method of extraction, reclamation of the verbal information, allowing to receive from interrogated the verbal message on this or that event. This method represents itself as leading reception of knowledge not only at interrogation, but also by manufacture of other investigatory actions directed on reception of the information, expressed in a word. Such are a confrontation in which course the inspector receives the verbal message from the persons differently shining any circumstance; a presentation for an identification at which the identifying informs the inspector result of a mental identification of object and an image of memory; check of indications on a place in which process are reproduced and compared with real conditions of the indication earlier

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The interrogated person.

Attraction of the teacher (psychologist) to interrogation, a confrontation, a presentation for an identification and check of indications on a place gives the chance to consider and eliminate all those factors which from the point of view of pedagogics and psychology is capable to strike at the rights and to break interests of the minor, to harm its mental condition and development, and also to deform the information informed it. Thereby positive influence and on result of investigatory action is reached.

As it was marked, research of features of investigation and proceeding of affairs about crimes of minors has allowed scientists [168 [169]

It is detailed to characterise features of teenage psychology. We brief: except the experiences generated by event of crime, minor participants of investigatory action appear in the intense psychological conditions connected with change of habitual way of their life, the personal schedule of actions. Necessity of dialogue with the inspector, participation in the legal proceedings, which sense it is not always clear to the teenager, the new unusual route of movement imposed to it in the adverse image affect as the general mental condition of the minor witness who has sustained, the suspect convicted, and on its communicative activity.

The minor, for the first time having faced law enforcement bodies, concerns the inspector with some fear and mistrust: it not simply adult, i.e. the person traditionally supervising its behaviour, and the public agent, having the right to apply strict measures of influence for non-observance minor the order established by the law of procedures. Besides, planing, official conditions, characteristic for investigatory action, negatively influence the minor, causing at it feeling of alarm and anxiety.

At a doubtless generality of problems of the teacher (psychologist) in all verbal (interrogation, a confrontation) and mixed (an identification, checking on a place) the investigatory actions spent with participation of minors, it is necessary to consider features of each action. So, the importance and complexity of participation of the teacher (psychologist) in a confrontation raise in connection with sharp disputed character of this investigatory action. Each participant of a confrontation tests the strongest psychological pressure from the party not only the inspector, but also its other participant. Conditions of the given investigatory action (in particular, presence of the active defender, the legal representative of the second interrogated, probably, the translator) in a combination to [170] high suggestibility of the minor can negatively affect its condition, behaviour and the maintenance of its indications that causes necessity of psychological support of the minor the person having special vocational training.

Check of indications on a place - the complex investigatory action combining signs of interrogation on a scene and survey connected with it of district. The name of action specifies in its specific orientation. It is spent in the presence of the indications demanding check, and aimed at reception of the additional information necessary for their estimation as corresponding or as [171 [172] Criterion mismatching the validity of such estimation coincidence or discrepancy of indications of the checked person to district signs in which it specifies is. In such situation function of psychological support of the teacher (psychologist) is not less useful, than at interrogation and a confrontation as the owner of a professional knowledge acts as the original guarantor of observance of a condition about a free statement of indications and instructions the interrogated person on signs of district without any helps, leading questions, mental pressure.

Even more difficult is the psychological structure of a presentation for an identification - necessity simultaneously to consider some persons similar among themselves, to compare results of perception with the image stored in memory especially generated in the conditions of psychoinjuring influence, represents serious threat for mentality of the child or the teenager. To comfort him, to choose tone corresponding to a situation, correctly to pick up the words explaining that the minor should make, - a problem of the teacher (psychologist).

Strictly speaking, the teacher (psychologist) can be useful at carrying out and other investigatory actions with participation of the minor if they cannot be avoided, for example, at carrying out of investigatory experiment for checking of any ability of the minor, however in practice to us such cases did not meet.

Thus, the primary goal of the teacher (psychologist) at criminal proceeding is rendering of the psychological help to the minor directed on stabilisation of its psychological condition. This problem is the component of function of psychological support directed on an exception of harm to development and mentality

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The minor or as habitually it names many authors, remedial function. Realising the given function by manufacture of investigatory actions with participation of minors, the teacher (psychologist) promotes realisation of the rights and legitimate interests of the minor suspects convicted, victims, witnesses.

It is necessary to notice, that remedial function is carried out also by the legal representative of the minor participant of process and the lawyer acting in a role of the defender, the representative or the lawyer depending on the principal status. Despite a function generality, the concrete maintenance, forms and ways of the activity which is carried out by the teacher (psychologist), the legal representative and the lawyer (defender), essentially differ.

Legal representatives of the minor participant of the process which circle is defined item 12 of item 5 UPK the Russian Federation, are involved in obligatory participation in criminal case for protection of the rights and legitimate interests of the person deprived of possibility owing to the psychophysiological features, caused by age, is high-grade to defend the rights independently (ch. 2 items 44, item 48 UPK the Russian Federation). The given kind of representation is based on legislation requirements, actually it is supposed, that at the heart of remedial [173] activity of the legal representative the family relations generating deep interest of the given participant in protection of the teenager (child) from infringement of its rights or adverse influence lay, first of all.

Thus the legal representative is guided by the knowledge of the person of the minor, on its emotional condition in a concrete remedial situation and can state the objections concerning the actions generating at the principal negative experiences. On the one hand, the legal representative has bolshej the information on features of the minor, and in this sense its participation can be very effective. On the other hand, the legal representative is insufficiently informed on the concrete rights of the minor caused by its status in business, and also volume of powers of officials, especially about an admissibility of those or other tactical receptions of interrogation. This circumstance limits possibilities of the legal representative on timely reaction to inadequate receptions of conducting interrogation or other investigatory action.

Besides, the legal representative owing to close family ties with the minor, and sometimes and for other reasons, can appear interested in issue of a suit and to create known obstacles to investigation manufacture. Not casually the law provides possibility of discharge of the legal representative from participation in criminal case if there are bases to believe, that its actions aggrieve to interests of the minor convicted (suspect) who has sustained (witness) (item 426 UPK the Russian Federation).

Unlike the legal representative of the minor (item 45 UPK the Russian Federation) the teacher (psychologist) got to take part in investigatory actions, can be considered as more effective for rendering assistance to the minor the participant of process. First, the teacher (psychologist) is the person not interested in issue of a suit. Secondly, the teacher (psychologist), thanks to special knowledge available for it, has

Wider arsenal of means for rendering on a professional basis of the help to the minor, maintenance of appropriate conditions of investigatory action, revealing of incorrect forms of influence from officials and prevention of psychoinjuring consequences of legal proceedings.

Depending on character otstaivaemyh the rights and interests of the minor, and also means used for this purpose the role of the teacher (psychologist) and the lawyer acting as the defender convicted or the representative of the minor witness or the victim if they participate in investigatory action is differentiated agrees item 5 ch. 1 items 53, item 4 ch. 4 items 56, ch. 3 items 191 UPK the Russian Federation.

Activity of the defender is caused by its remedial function which maintenance is the refutation or softening of charge (suspicion), and also protection of the rights and legitimate interests of convicted (suspect). The defender is connected by a position of the client and provides observance of laws of procedure of the person at carrying out of investigatory actions. The defender, called to render the qualified legal aid to convicted (suspect), watches observance of legal procedure of the investigatory action spent with participation of the client, and legitimacy of used tactical receptions: provides

Inadmissibility of threats, violence, a deceit, leading questions. In essence, activity of the defender hardly probable differs depending on age of the client. In case of protection of the minor it is necessary the defender (as well as to the inspector) to solve problems of an establishment of contact to the teenager, explanations to it of law positions, etc. which owing to absence at the defender of special psychological (pedagogical) knowledge can essentially complicate work of the lawyer.

By the nature remedial activity of the lawyer - the representative of the minor victim and the witness is similar also. Basically, the lawyer-defender and the lawyer-representative, participating in criminal proceeding, realise the constitutional position about granting of the qualified legal aid to everyone requiring in it [174]. The given participants of process solve problems facing to them by means of enough wide range of the powers given by it ugolovnoprotsessualnym by the law. Participation in the investigatory action spent concerning the represented or protected minor person, - only one of such remedial means.

When the defender or the representative participates in interrogation, its problem gets a certain reality. So, the defender has the right to prove illegitimacy, groundlessness of carrying out of the given investigatory action, for example, in case of unwillingness of the minor convicted to give evidence. Participating in interrogation, within the limits of rendering of a legal aid the defender in the presence of the inspector has the right to give to the client short consultations, to set with the permission of the inspector questions to interrogated persons, to do written remarks concerning correctness of interrogation, accuracy and completeness of records in the report of the given investigatory action (ch. 2 items 53 UPK the Russian Federation). The inspector can take away questions of the defender, but is obliged to enter the taken away questions in the minutes. Taking into account features of the person minor (especially persons of younger age) participation in business of the professional of the lawyer gets the special importance. The defender can specify in infringement of requirements of the law at interrogation carrying out (including on absence of the teacher (the psychologist) in cases when such participation is obligatory or expedient, statement of leading questions), and also on other lacks and errors of activity of the inspector which can lead to a conclusion that results of investigatory action are incompetent evidences. Participating in interrogation, he by statement of questions can establish the circumstances confuting or weakening charge, suspicion or testifying in favour of the suspect convicted. The law gives the similar rights to the lawyer of the witness and the representative of the victim (ch. 5 items 189, item 8 ch. 2 items 42 UPK the Russian Federation).

Carrying out the activity directed on realisation of the rights and legitimate interests of the minor, prevention and the prevention of infringements from the inspector, the lawyer, in whatever role it acted, applies only legal knowledge, operates within the legal function. However protection of legitimate interests of the minor is not settled only by maintenance of realisation of its laws of procedure, and includes also protection against unjustified adverse, psychoinjuring influence of a remedial situation, a protection against psychological violence and self-esteem and self-estimation preservation. For the decision of this problem closely connected with realisation of principles of legal proceedings (respect of honour and advantage of the person, protection of the rights and freedom of the person), application of special means and knowledge which the teacher and the psychologist professionally own is required. Therefore would be incorrect to consider, that participation in investigatory action of the lawyer-defender or the lawyer-representative does unnecessary the invitation of the teacher (psychologist). It is so wrongful to shift function of the teacher (psychologist) on the defender or the representative who does not have sufficient resources for its realisation.

Besides participation of the lawyer representing

The minor witness or the victim, in investigatory actions unlike the teacher (psychologist) is not obligatory. CH. 1 item 191 UPK the Russian Federation specifies only what be present at interrogation the legal representative can, and about participation in interrogation of the lawyer-representative of speech does not go in general. However, thus in ch. 3 items 191 UPK the Russian Federation the representative are mentioned on a level with the legal representative whom the inspector has the right to debar from interrogation if this participation contradicts interests

The minor witness or the victim.

It is necessary to underline imperfection of the rule of law according to the inspector a right to replace the discharged legal representative and the representative by other legal representative, that absolutely illogically and, as a matter of fact, incorrectly. Especially important told concerning those criminal cases where participation in quality of the representative of the minor sustained lawyer (ch is provided. 2.1 items 45) which attraction to business under the petition of the legal representative of the minor is a duty of body of preliminary investigation.

Thus, attraction of the teacher (psychologist) to the investigatory actions spent with participation of minors, in the slightest measure is not formal duplication of actions of the defender or the lawyer - of the representative which should bar any illegal and inadmissible receptions applied concerning the minor in the course of interrogation (sharp rough tone, a various kind of threat, etc.). Participation of the teacher (psychologist) in legal proceedings represents the specific independent activity directed on psychological support of the child or the teenager, being in the difficult

Psychoinjuring situation not only in connection with perfect it, against it or near to it a crime, but also in connection with the procedure of investigatory action. Despite the importance of protection of laws of procedure of the minor, it is the extremely important to help to cope to it with psychological problems, to overcome internal fears and barriers, to pick up adequate situations the tactical and psychological receptions used for reception of [175 [176] authentic answers to questions interesting a consequence taking into account preservation of mental health of the minor.

Thus, the problem of the teacher (psychologist) participating in investigatory action, is more specific in comparison with problems of the defender, the representative. Though their activity is remedial and in this sense close to activity of the lawyer-defender or the representative, it concerns concrete psychological aspects of carrying out of investigatory actions. Being the legitimacy of investigatory action not connected with the general estimation, activity of the teacher (psychologist) is directed on statement interrogated the questions specifying from positions of pedagogics and psychology sense of indications of the minor and degree of freedom in their statement. Special value has prevention of receptions of the interrogation contradicting positions of pedagogics and psychology, no less than attempts of the inspector it is wrong to state the maintenance of the given indications in the report. It is possible to consider, that methods of activity of these participants are predetermined by the maintenance of parent sciences, i.e. Pedagogics and the psychology, inadequate receptions of dialogue excluding application with the person.

The operating criminal procedure law accurately defines two forms of participation of the teacher (psychologist) in investigatory actions:

On command of the law demanding obligatory participation of the teacher (psychologist) in investigatory actions when the witness and the victim suspected, convicted and the defendant have not reached 16-year-old age, or have reached, but suffer the mental derangement or lag behind in mental development (ch. 1 and 4 items 191, ch. 3 and 6 items 425 UPK the Russian Federation);

At the discretion of the inspector. [177]

The statutory bases of obligatory participation of the teacher (psychologist) in investigatory action (nedostizhenie the subject of criminal trial of 16-year-old age, mental derangement presence, backlog in the mental development, a corresponding category of a crime) accurately enough specify in the reasons doing this participation by the obligatory.

However not so it is easy to define, for what purpose the inspector provides participation in investigatory actions of the teacher (psychologist) if it is not obligatory. Considering age of the witness and the victim (from 16 till 18 years) which it concerns, and absence listed above additional factors, it is possible to assume, that the decision of the inspector on a call of the teacher (psychologist) can be dictated aspiration to provide the right of the minors who are not possessing full capacity.

However such assumption looks not quite logical for maintenance of the rights of participants of process is an unconditional duty of the inspector, and the discretion assumes some selectivity. Taking into consideration, that manufacture of investigatory actions is caused by necessity of reception of the information on the circumstances constituting the ultimate fact on criminal case, attraction of the teacher (psychologist) can testify that the inspector counts on assistance of the person possessing special knowledge in the field of communications, conflictologies and psychodiagnostics, in the decision of problems facing to it, that is uses the teacher (psychologist) as the expert.

We already noticed, that in the remedial and criminalistic literature the role of the teacher (psychologist) is often treated in a context of interests of the investigation - as assistance in an establishment of psychological contact to the minor, creation of appropriate psychological atmosphere at which cooperation between the inspector and interrogated is established. In our opinion, these opinions are based on incorrect treatment of function of the teacher (psychologist), and judgements meeting sometimes about necessity of an establishment

Between the inspector and the minor of "confidential relations» are represented excessive.

Is inadmissible to consider participation of the teacher (psychologist) and as the help to the inspector in diagnostics and exposure of false testimonies. Here we observe mixture of functions of the teacher (psychologist), the expert (expert) and the inspector, the estimation of reliability of indications concerns whose competence not only application of corresponding tactical receptions and remedial means for revealing lozhnosti data informed the minor, but also. At the same time the teacher (psychologist) can quite assist the inspector in revealing of honest mistake of the witness (victim) who has grown out of distortion of perception.

Activity of the teacher (psychologist) in criminal trial has ambiguous, complex character. Helping the inspector the participation in interrogation, the teacher (psychologist) helps also to the child since not in interests of the child to lie, including because of fear, the misunderstanding, is false understood feeling of solidarity or for other reasons. In turn, helping the child, the teacher (psychologist) helps also to the inspector interested in reception of the objective information. Nevertheless it is represented, what even being caused for participation in investigatory action at the discretion of the inspector and helping it in an establishment of psychological contact to the minor, the teacher (psychologist) shows, first of all, care of interests of teenagers, instead of of interests of the investigation.

Confirming to the told we will result one more argument. According to ch. 5 items 425 UPK the Russian Federation the teacher (psychologist) has the right to set with the permission of the inspector [178] questions suspected and convicted, to get acquainted with the record of interrogation and to do remarks on correctness and completeness of the records made in it. Realisation of these control powers does not contact this or that form of participation of the teacher (psychologist) in interrogation. And it means, that, participating in interrogation at the discretion of the inspector, not concordant with its tactics of interrogation, the formulation of questions and-or the report maintenance, the teacher has the right to do the remarks which are coming under to placing on record.

Taking into account character of solved problems and specificity of demanded knowledge and means in the remedial situations demanding the communicative competence, ability to overcome conflicts to make psychological diagnostics of the person interrogated, in case of high risk of psychoinjuring consequences to involve the psychologist more correctly. This conclusion proves to be true positions ch. 4 items 191 UPK the Russian Federation, establishing obligatory attraction of the psychologist at carrying out of investigatory actions with participation of minor witnesses and victims of any age on affairs about crimes against sexual inviolability of minors.

If difficulties directed by questions and reception of the information from the minor are caused by the general laws of development of the person peculiar to age the teacher can qualitatively render necessary assistance to the inspector.

Opening a remedial role of the teacher (psychologist) participating in investigatory actions, and proceeding from the maintenance of its remedial function, it is necessary to allocate its organizational-advisory aspect separately. For the effective organisation of the work during investigatory action the teacher (psychologist) should have the information on appointment, essence and features of procedure of investigatory action; about the remedial status of the minor (for this circumstance affects in the various image a choice the teenager of a line of conduct); about the developed taktiko-psychological situation of mutual relations minor, its legal representatives and officials leading process. Out of any doubts, the teacher (psychologist) should have propensities to confrontation or cooperation, representation about personal features of the minor, and also about personal features of the inspector (or judges) and its already developed liberal or directive methods of dialogue.

Let's dare to underline once again complexity of the problem facing to the teacher (psychologist), called to balance remedial interests of the inspector (investigator) in trustworthy information reception about circumstances of criminal case and the legitimate interests of the minor consisting in prevention of inadmissible psychoinjuring influence on its mentality.

We believe, that for performance of this problem before carrying out of investigatory action the teacher (psychologist) has the right to declare the petition to the inspector granting to it to possibility to study the materials of criminal case characterising the person of the minor, his life and education condition (indications of witnesses can be those, lawful

The representative, expert's statement, reports of investigatory actions, the characteristic, other documents which characterise the person

The minor). It is expedient to familiarise also with remedial decisions on assignment to the minor of a certain legal status in criminal trial. The teacher (psychologist) has the right to ask to explain the inspector the maintenance and the purposes of forthcoming investigatory action to define necessary forms of the participation in it.

The inspector simultaneously with a call of the teacher (psychologist) is thought, that, should explain these rights to give to the given participant possibility most to solve a question on necessity of preliminary studying of corresponding materials of business.

On the basis of the studied materials the teacher (psychologist) defines necessity of carrying out before investigatory action of preliminary conversation with the minor, declaring about it the petition. The given petition, in our opinion, can be declared and in an initial part of investigatory action if the teacher (psychologist) have not taken advantage of possibility of familiarity with business materials (at own discretion or in connection with urgency of interrogation).

Having of the above-stated information, the teacher (psychologist) even prior to the beginning of investigatory action manufacture can constitute representation about psychological features of the concrete teenager, understand essence of a position of the minor from the point of view of its communicative installation - readiness for dialogue with the inspector (court) and conditions of such dialogue. By results of preliminary conversation the teacher (psychologist) draws the conclusion about psychological readiness of the minor for carrying out of investigatory action or about necessity to postpone investigatory action carrying out.

Besides, the teacher (psychologist) can inform the inspector the characteristic of individually-psychological features

The minor which, in its opinion, matters for investigatory action carrying out. The conclusion of the teacher (psychologist) about necessity of check of mental condition of the minor from the point of view of presence at it disease or backlog in development is especially important thereupon.

Let's dare to assume, that the analysis of the received data from a position of a professional knowledge gives the chance to the teacher (psychologist) to formulate for officials of the recommendation, the concerning organisations and the tactical moments of carrying out of the investigatory action, considering features of the minor. It is necessary to carry to organisation questions: the interrogation place, the optimal time of carrying out of investigatory action, a circle of participants taking into account trust degree to them of the minor. It is possible to carry informing of the inspector (vessels) on laws of course to recommendations of a tactical order at those minors or

Other mental processes, about the installations which have developed at the teenager. The teacher (psychologist) can state also the judgements about expedient rate of carrying out of investigatory action to have possibility to state a professional estimation of a developing situation.

If necessary the teacher can petition for reception of additional materials about the person of the minor.

It is represented, that similar preparatory activity of the teacher (psychologist) will allow it to establish in due time the bases for the elimination from process and to declare rejection (for example, owing to aversions with the minor). By results of conversation with the minor the teacher (psychologist) can state to investigatory agency the offer on discharge of the legal representative from participation in investigatory action on the bases provided ch. 3 items 198 UPK the Russian Federation, or about its replacement. At the same time under the petition of the legal representative or at the discretion of the inspector (vessels) the teacher (psychologist) can be debarred from investigatory action in the presence of the corresponding bases.

The analysis of the received information will allow the teacher (psychologist) to be prepared more effectively for participation in investigatory action taking into account problems facing to it and realised possible complexities. [179]

During carrying out of investigatory action by a problem of the teacher (psychologist) the explanation with the permission of the inspector or under its request to the minor of essence of the questions set to it is covered. Having found out difficulties in understanding of a question of the inspector, the teacher (psychologist) has the right with the permission of the inspector (or under its request) to correct the same question. Besides, the teacher (psychologist) has the right to set with the permission of the inspector questions to the minor. Thus the teacher (psychologist) can ask about possibility granting to set questions to the minor on separate stages of carrying out of investigatory action.

Taking into account carried out function the teacher (psychologist) should object to the wrong formulation of questions the inspector, statements of leading questions by it, receptions of unreasonable compulsion, namely: requirements to confirm those or other circumstances and in general menacing tone of the official spending investigatory action. The teacher (psychologist) has the right to demand from the inspector of entering of the given objections in the investigatory action report.

Professional knowledge allows the teacher (psychologist) to inform the inspector, the legal representative and the defender on mental condition of the minor, and in connection with its aggravation - to ask about stay or investigatory action carrying over.

Upon termination of investigatory action the teacher (psychologist), having familiarised with the investigatory action report, has the right to reflect in it the remarks on correctness and completeness of records, and also wrong, in its opinion, actions pravoprimenitelja at investigatory action carrying out.

It is necessary to notice, that the criminal procedure law provides necessity or possibility of attraction of the teacher (psychologist) to the investigatory actions spent with participation of minors. However pedagogical (psychological) knowledge can be necessary and by manufacture of legal proceedings with participation of the full age person who have mental lacks or lagging behind in development. Such persons can act as victims, witnesses, and also to be object of criminal prosecution within the limits of the special proceeding provided by chapter 51 UPK the Russian Federation. Backlog in development and other mental lacks do not deprive of similar subjects of possibility to give evidence, participate in a presentation for an identification, to get acquainted with remedial decisions of officials. At the same time features of mental development and a condition of such persons complicate dialogue with them, correct statement of questions, a choice of other tactical receptions that demands attraction of the persons having special knowledge in the field of pedagogics (psychology). This circumstance confirms our conclusion that the teacher (psychologist) participating in investigatory actions, it is necessary to consider as the independent participant of the criminal trial.

Taking into account a complex of questions solved by the inspector in cases of attraction of the teacher (psychologist) to participation in investigatory action the algorithm of activity of the inspector (investigator) should include following actions:

- Revealing of presence actual and legislative grounds for attraction of the teacher (psychologist);

- Definition of a kind of special knowledge necessary in the circumstances;

- Choice and call of the concrete teacher (psychologist);

- Qualification check (formation, the activity experience) the teacher (psychologist), an explanation to it essence of spent investigatory action, problem statement on maintenance of interests of the minor;

- Granting to the teacher (psychologist) of necessary volume of data on a crime and the person of the minor, and under the petition of the teacher (psychologist) - possibilities preliminary to have a talk with the minor;

- Reception oral (fixed in the report) the conclusions of the teacher (psychologist) about psychological readiness of the minor for participation in investigatory action, presence of signs of backlog of the minor in mental development, expediency of participation in interrogation of the legal representative;

- The coordination of the plan of investigatory action, order and sequence of statement and updating of questions, and also other forms of interaction of the inspector with the teacher (psychologist) during investigatory action;

- Carrying out of investigatory action with participation of the teacher (psychologist);

- Investigatory action executing a process-verbal, acquaintance with it of the teacher (psychologist), participants of investigatory action, possibility granting to make remarks on an order of carrying out of investigatory action, correctness of reflexion of informed interrogated and other data.

Thus, the analysis of norms UPK the Russian Federation also allows to draw a conclusion, that on the teacher (psychologist) participating in investigatory actions, the duty is assigned to carry out the humanitarian, remedial activity, which object are not legal interests of minors (and sometimes and others) participants of criminal trial. It is necessary to find out, how the considered role of the teacher (psychologist) in practice is realised.

3.2.

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A source: Demkina Maria Sergeevna. TEACHER (PSYCHOLOGIST) AS the PARTICIPANT of the CRIMINAL TRIAL: the PRE-JUDICIAL STAGE. The dissertation on competition of a scientific degree of the master of laws. Samara - 2018. 2018

More on topic 3.1. A role of the teacher (psychologist) by manufacture of investigatory actions with participation of the minor:

  1. problems of development of a legal regulation of activity of the teacher (psychologist) in investigatory actions with participation of minors
  2. practical problems of realisation of problems of the teacher (psychologist) got to take part in investigatory actions
  3. Chapter 3. Remedial activity of the teacher (psychologist) as participant of investigatory actions
  4. Chapter 2. Participation of the teacher (psychologist) in manufacture of preliminary investigation (the general questions)
  5. § 2. Participation of the teacher and the psychologist on criminal cases with participation of minors in the trial court
  6. 3.3. Criminalistic aspects of manufacture of investigatory actions in the course of investigation mnogoepizodnyh crimes participants of investigatory-operative group
  7. a legal regulation of participation of the teacher (psychologist) in criminal trial of the CIS countries
  8. § 1. The typical investigatory situations demanding manufacture of investigatory action «Reception of the information on connections between subscribers and (or) user's devices», and the program of actions of the inspector
  9. features of manufacture of separate judicial actions of investigatory character
  10. § 2.1 European warrant on manufacture of investigatory actions: legal necessity
  11. § 2.2 European warrant on manufacture of investigatory actions: political expediency