Open AccessFUNDAMENTALS OF METHODOLOGY OF PROCEDURAL MANAGEMENT ON THE PRE-EXAMINATION INVESTIGATION
Author(s) -
Д. М. Мірковець
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-106-4-2.26
Subject(s) - procedural law , competence (human resources) , principle of legality , relevance (law) , conviction , action (physics) , set (abstract data type) , procedural justice , process management , computer science , psychology , political science , law , business , social psychology , perception , physics , quantum mechanics , neuroscience , programming language
The relevance of the article is that procedural guidance as a form of prosecutorial supervision in pre-trial investigation requires study from the standpoint of the activity approach, ie as a certain set of actions (procedures) in a certain procedural form. The implementation of this activity is carried out using appropriate tools, methods, methods that constitute the authority of the procedural manager as a statutory system of his rights to make decisions and take action to ensure the legality of pre-trial investigation and compliance with the rights of its participants. which may depend on the competence and authority of the subjects to whom they relate and/or the procedural situation. The purpose of the article is to develop the basics of procedural guidance in pre-trial investigation, which we define as a tool designed to address the problems of procedural management, including those that are not directly regulated, their implementation depends on the procedural situation, circumstances, considerations and internal conviction of the prosecutor. These are current, organizational tasks that are aimed at determining the most effective implementation of powers and the use of response tools in accordance with the situation. An attempt has been made to develop the basics of the methodology of procedural management, which include provisions on its organization and content, the relationship of its components. It is substantiated that the development of the methodology provides for further practical content of these provisions, taking into account the tasks of procedural guidance in specific proceedings. Depending on the obtained results and their approbation, it is possible to improve the proposed theses in various areas that are relevant to practice, which will contribute to the development and effective implementation of the human rights potential of the prosecutor's office.