Open AccessTO THE ISSUE OF SOME POWERS OF A PROSECUTOR IN CRIMINAL PROCEDURE AND ADMINISTRATIVE PROCEEDINGS
Author(s) -
Елена Папышева
Publication year - 2020
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2020.1.9
Subject(s) - law , political science , position (finance) , criminal procedure , public prosecutor , criminal case , criminal court , administration (probate law) , criminology , sociology , business , international law , finance
This article discusses some powers of a prosecutor, his legal status in criminal procedure and administrative proceedings, the relationship between the functions of criminal prosecution and prosecutorial supervision. The author notes that at the stage of initiating a criminal case, prosecutor’s powers for criminal prosecution are exercised through supervisory activities, during which, on the facts of perpetration, he is entitled to make a reasoned decision to send the relevant materials to preliminary investigation bodies. The article analyzes prosecutor’s powers in initiating an administrative case, the legal nature of the prosecutor’s decision, which, according to the author, is not and cannot be evidence in the case (source of evidence), in contrast to the position of the courts and the prevailing judicial practice. Both processes (criminal and administrative proceedings) are based on identical principles and have similar institutions. Including for this reason, the problems of determining the status and powers of the prosecutor in exercising supervision have common roots.