PROCEDURAL STATUS OF A TEACHER AND PSYCHOLOGIST AS PARTICIPANTS PROVIDING THE INTERESTS OF MINORS IN THE CRIMINAL PROCESS

Abstract

The foundations of attracting, the function of the teacher and the psychologist are considered in the implementation of investigative actions involving minors to ensure compliance with the rights and interests of minors during certain investigative actions. Consideration of these issues was carried out on the analysis of the norms of international law - a number of UN conventions, and the Model Criminal Procedure Code for the CIS Member States, as well as national law. Attracting a teacher or psychologist with the participation of investigative actions involving minors is associated with their intellectual and physiological features of development. The definition of the concept of the "teacher" as a pedagogical worker is given and determined its legal status when conducting investigative actions. The conditions for the obligatory participation of the teacher or psychologist during investigative actions involving a minor victim or a witness who has undergone sixteen years or has reached this age, but suffering from mental disorder or lagging in mental development. The status of a psychologist and a teacher as independent participants in criminal proceedings is substantiated. Proposals were formulated to improve criminal procedural legislation relating to the legal status of the teacher and a psychologist during investigative actions involving a minor.