Open AccessThe problematic issues of the participation of the prosecutor in the consideration by the court of the petition of the investigator to elect a preventive measure
Author(s) -
Ol'ga A. Teterina,
Andrey A. Metyolkin,
Kristina A. Ivanova
Publication year - 2019
Publication title -
vestnik kostromskogo gosudarstvennogo universiteta imeni n.a. nekrasova
Language(s) - English
Resource type - Journals
ISSN - 1998-0817
DOI - 10.34216/1998-0817-2019-25-2-247-250
Subject(s) - law , legislation , criminal court , political science , criminal code , criminal procedure , criminal law , international law
The article is devoted to a detailed study of the participation of the prosecutor in the court’s consideration of the investigator’s petition on the choice of preventive measures. The article analyses the positions of scientists and practitioners on this issue. Based on the analysis of legal literature and Russian criminal procedural legislation, the authors assessed the role of the prosecutor and identifi ed the problems of his participation in the court’s consideration of the investigator’s petitions on the choice of a preventive measure. It is especially noted that a dispute between the prosecutor and the investigator is unacceptable when the court considers the investigator's petition. The authors propose to return to the prosecutor the right to give consent to the investigator to initiate a relevant petition before the court, and also to make the prosecutor’s refusal to support the petition mandatory for the court. The article also formulates the amendments that are proposed to be made to the Criminal Procedure Code of the Russian Federation.