Considering the character of judgments on detention during the investigation in the Russian criminal trial, the Russian criminal legislation does not conform to the concept of impartiality of the judge developed by the European Court of Human Rights. The author adheres to the opinion, that the judicial control over investigation can be provided by the assignment of function on detention during the investigation to specially created body – an investigative judge. Such practice has justified itself in other member-states of European Convention of Human Rights. Despite of a variety of judicial systems and the difference in the litigation, the function of the judicial control is provided by creation of special courts or judicial posts everywhere.