Open AccessEFFECTIVENESS OF PROSECUTOR's SUPERVISION IN THE CRIMINAL PROCESS OF THE RUSSIAN FEDERATION: SOME PROBLEMS AND WAYS TO SOLVE THEM
Author(s) -
Ya.V. Zhdanova,
Iri. Krapchatova
Publication year - 2021
Publication title -
vestnik udmurtskogo universiteta. èkonomika i pravo
Language(s) - English
Resource type - Journals
eISSN - 2413-2446
pISSN - 2412-9593
DOI - 10.35634/2412-9593-2021-31-3-432-438
Subject(s) - law , public prosecutor , criminal procedure , norm (philosophy) , russian federation , political science , compliance (psychology) , criminal investigation , process (computing) , quality (philosophy) , psychology , sociology , computer science , social psychology , epistemology , philosophy , regional science , operating system
The authors of this study examined the effectiveness of prosecutor's supervision through the prism of the history of the formation and development of prosecutor's supervision in Russia. In the process of conducting a historical and modern comparative legal analysis of the provisions on prosecutor's supervision, some problems were identified and ways to solve them were proposed, taking into account the needs of the theory and practice of modern criminal procedure in the Russian Federation. The author substantiates the proposal to exclude the procedural management of the preliminary investigation in the form of an inquiry from the prosecutor's powers. A procedure for supervising the prosecution of investigators has been developed. It is proposed to establish a single prosecutor's supervision over the investigation of crimes by the bodies of inquiry and the bodies of preliminary investigation. In order to ensure the quality of the study of the criminal case to the Prosecutor with a guilty decision, justified the proposal on the possibility of extending familiarize the attorney with the criminal case materials to five days. Given that the Prosecutor is the body that oversees compliance with the law, suggested the need to introduce the norm which gives the Prosecutor the authority to review complaints against actions and decisions of bodies of inquiry and preliminary investigation.