Open AccessCRIMINAL PROCEDURE FUNCTIONS AND POWERS OF THE PROSECUTOR AS FACTORS DETERMINING THE SPECIFICS OF PROSECUTOR's SUPERVISION IN PRE-TRIAL PROCEEDINGS
Author(s) -
Насонов Александр Александрович
Publication year - 2021
Publication title -
vestnik udmurtskogo universiteta. èkonomika i pravo
Language(s) - English
Resource type - Journals
eISSN - 2413-2446
pISSN - 2412-9593
DOI - 10.35634/2412-9593-2021-31-1-124-132
Subject(s) - criminal procedure , law , function (biology) , public prosecutor , political science , adversarial system , legislation , control (management) , reasonable doubt , computer science , artificial intelligence , evolutionary biology , biology
The article analyzes the opinions of scientists expressed during the scientific discussion that unfolded around the issue of criminal procedure functions of the Prosecutor in pre-trial proceedings. Provides additional arguments in favor of supervision of execution of laws as the main function of the Prosecutor under the Law on the Prosecutor determines other types of prosecutorial activities (criminal prosecution, the preliminary investigation, etc.) that are supportive in nature. These types of Prosecutor's activities are not only ways to specify Prosecutor's supervision in criminal proceedings, but also means of implementing the criminal procedure function of the prosecution, which exists according to the concept of the current criminal procedure legislation of the Russian Federation, focused on the adversarial process, along with the function of protection and the function of resolving criminal cases. The article also addresses the issue of granting additional powers to the Prosecutor in pre-trial proceedings. It is proved that the decision to grant additional powers to the Prosecutor in pre-trial proceedings should create opportunities to maintain the necessary balance in pre-trial proceedings between Prosecutor's supervision, departmental control and judicial control. Evidence is given that the harmonious existence of Prosecutor's supervision and departmental control in pre-trial proceedings will allow us to count on overcoming existing violations of the law in the investigation of crimes, which currently remain many.