THE OBSTRUCTION OF THE ADMINISTRATION OF JUSTICE AND PRELIMINARY INVESTIGATION: PROBLEMS OF THE OBJECT AND THE OBJECTIVE SIDE

The subject. The article is devoted to the investigation of the main direct object and the circle of victims are subjected of harm by criminal acts stipulated by pts. 1, 2 of art. 294 of the Criminal Code of the Russian Federation.
The purpose of the paper is to identify does the art. 294 of Criminal Code of the Russian Federation meets the other provisions of criminal procedure legislation.
The methodology of research includes methods of complex analysis, synthesis, as well as formal-logical, comparative legal and formal-legal methods.
Results and scope of application. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The discrep-ancy lies in terms of the range of participants in criminal proceedings and the functions performed by them, as well as the actual content and correlation of such stages of criminal proceedings as the initiation of criminal proceedings and preliminary investigation. In addi-tion, the current state of art. 294 of the Criminal Code of the Russian Federation does not take into account the ever-widening differentiation of criminal proceedings.
The circle of victims listed in pt. 2 of art. 294 of the Criminal Code of the Russian Federation should be supplemented by such participants in the criminal process as a criminal investi-gator, the head of the investigative body, the head of the inquiry department, the head of the body of inquiry. At the same time, the author supports the position that the criminal-legal protection of the said persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.
The circle of criminal acts provided for in art. 294 of the Criminal Code of the Russian Fed-eration, should also be specified with an indication of encroachment in the form of kidnapping, destruction or damage to such a crime as materials of criminal, civil and other cases, as well as material evidence.

Conclusions. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The author formulates the conclusion that the circle of victims listed in pt. 2 of art. 294 of the Criminal Code should be broadened and joins the position that the criminal-legal protection of these persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.

1. Dement'ev S.V., Dvoryanskov I.V. Criminal-law aspects of criminalization of invasion of interests of judicial power. Rossiiskii sledovatel' = Russian Investigator, 2015, no. 12, pp. 19–22. (In Russ.).

2. Lobanova L.V. Crimes against justice: theoretical problems of classification and legislative regulation. Volgo-grad, Volgograd State University Publ., 1999. 268 p. (In Russ.).

3. Gorelik A.V., Lobanova L.V. Crimes against justice. St. Petersburg, Yuridicheskii tsentr Press Publ., 2005. 491 p. (In Russ.).

4. Rarog A.I. (ed.). Handbook of the judge in criminal cases. Moscow, Velbi Publ., Prospekt Publ., 2007. 576 p. (In Russ.).

5. Namnyasev V.V. Obstruction of the administration of justice and the production of preliminary investigation in the Russian criminal law, Cand. Diss. Volgograd, 1999. 209 p. (In Russ.).

6. Skakun A.I. Criminal liability for obstructing the administration of justice and the production of preliminary investigation, Cand. Diss. Omsk, 2008. 178 p. (In Russ.).

7. Lebedev V.M. (ed.). Commentary on the Criminal Code of the Russian Federation. Moscow, Yurait Publ., 2013. 1069 p. (In Russ.).

8. Brilliantov A.V. (ed.). Commentary on the Criminal Code of the Russian Federation, in 2 volumes. Moscow, Prospekt Publ., 2015. Vol. 2. 704 p. (In Russ.).

9. Dvoryanskov I.V. Conceptual foundations of the criminal law protection of the interests of the judiciary, Doct. Diss. Thesis. Moscow, 2013. 56 p. (In Russ.).

10. Golovko L.V. (ed.). The course of the criminal process. Moscow, Statut Publ., 2016. 1278 p. (In Russ.).

11. Karetnikov A.S., Koretnikov S.A. The essence of the powers of the prosecutor supervising the preliminary investigation: past and present. Rossiiskaya yustitsiya = Russian Justitia, 2015, no. 5, pp. 49–52. (In Russ.).

12. Melnichenko R.G. Criminal liability of a lawyer imposed for obstruction of justice. Ugolovnoe pravo = Crim-inal Law, 2010, no. 2, pp. 48–50. (In Russ.).

13. Galakhova A.V. (ed.). Crimes against justice. Moscow, NORMA Publ., 2005. 416 p. (In Russ.).

14. Golubov I.I., Gulyi A.A., Kuzhikov V.N. Criminal responsibility for crimes against justice. Moscow, Moscow Psychological and Social Institute Publ., Voronezh, MODEK Publ., 2011. 128 p. (In Russ.).

15. Kuznetsov A.V. Crimes against justice. Omsk, Omsk State University Publ., 2012. 40 p. (In Russ.).

16. Tsvetkov Yu.A. A Grin Without a Cat, or What will remain of the Preliminary Investigation? Ugolovnoe su-doproizvodstvo = Criminal Judicial Proceeding, 2016, no. 2, pp. 18–23. (In Russ.).