Subject competence of preliminary investigation bodies needs revision and additional regulation

Subject competence of preliminary investigation bodies (according to Section 2 of Article 151 of the Criminal Procedure Code of the Russian Federation) tends to lose its independence due to merging with the alternative type of competence. The preliminary investigation body has the right to investigate the crime being a subject of its competence and simultaneously the other bodies of preliminary investigation’s competence. The powers of these bodies concerning the conducting of preliminary investigation of such crimes are based on the following rule: preliminary investigation body first revealing a crime brings the criminal case and conducts its investigation. There is a similar rule referring to alternative type of competence (according to Section 5 of Article 151 of the Criminal Procedure Code) which allows to delimit the types of competence. It is necessary to keep the independence of subject competence by removing repeating types of crimes from its competence into the alternative competence. In this case the alternative competence will include competence of preliminary investigation bodies of: 1) the Russian Federation; 2) Investigative Committee and Ministry of Internal Affairs of the Russian Federation; 3) Investigative Committee, Ministry of Internal Affairs and Federal Drug Control Service of the Russian Federation; 4) Investigative Committee and Federal Security Service of the Russian Federation; 5) Federal Security Service and Federal Drug Control Service of the Russian Federation; 6) Federal Security Service and Ministry of Internal Affairs of the Russian Federation; 7) Ministry of Internal Affairs and Federal Drug Control Service of the Russian Federation.