
Departmental control and procedural guidance – guarantees of legality observance in pre-trial investigation
Author(s) -
V. Yurchyshyn
Publication year - 2020
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2020-1-189-194
Subject(s) - authorization , law , principle of legality , psychology , control (management) , political science , criminal procedure , computer security , computer science , artificial intelligence
The article deals with clarifying the concept, nature, departmental control and procedural guidance of pre-trial investigation in minimal offenses. The authorizations of the head of the pre-trial investigation body and the constitutional function of the procedural head (prosecutor) in organizing and managing the pre-trial investigation have been studied. The author has concluded that the prosecutor's powers are to prevent, detect and correct violations. Ways to prevent violations are: 1) consenting to the investigator's submission to the court about the conduct of individual investigative actions and the application of coercive measures; 2) authorizing individual investigative actions; 3) extension of the investigation period; 4) giving consent to the referral of the case to court; 5) approval or refusal to approve indictments. The methods of detecting violations are the right of the prosecutor: 1) to request criminal cases, documents, materials and other information about the crimes committed and the course of the pre-trial investigation to be checked; 2) participate in the investigation, in the conduct of individual investigative actions; 3) review complaints against actions and decisions of bodies and officials conducting investiga-tions; 4) to instruct the head of the investigation body to carry out inspections of the activities of subordi-nates. And the ways of correcting the detected violations are: 1) abolition of illegal and unjustified de-cisions of the investigation bodies; 2) transferring the case from one investigator to another; 3) transferring the case from one investigative body to another; 4) removal of the investigator from the investigation; 5) the release of anyone illegally detained; 6) change of preventive measure; 7) closure of criminal proceedings; 8) initiation of disciplinary proceedings against the investigator and the like.