Open AccessImproving the efficiency of prosecutorial supervision for the legality of the criminal procedural activities of the institutions of the Federal Penal Service of Russia during the preliminary investigation
Author(s) -
S.N. Kunitsin,
Voronezh Prosecutor’s Office
Publication year - 2020
Publication title -
penitenciarnaâ nauka
Language(s) - English
Resource type - Journals
eISSN - 2782-1986
pISSN - 2686-9764
DOI - 10.46741/2686-9764-2020-14-3-381-388
Subject(s) - principle of legality , legislation , law , political science , criminal law , criminal procedure , service (business) , business , marketing
The article analyzes the features of the criminal procedural activities of the institutions of the Federal Penal Service of Russia during the preliminary investigation. Based on the results of the analysis, it is concluded that the latter is truncated and consists of two components: the initiation of a criminal case for the production of urgent investigative actions and the execution of orders to carry out certain investigative actions. The specificity of the criminal procedural activity of this subject of the prosecution determines the peculiarities of the prosecutor’s supervision over the legality of its implementation. The current legislation actually excluded the prosecutor from the mechanism for initiating a criminal case and conducting urgent investigative actions, which reduces the effectiveness of prosecutorial supervision in this area and reduces the level of legality. Also, there is no effective mechanism for prosecutorial supervision over the legality of the execution of orders by officials of institutions of the Federal Penal Service of Russia to conduct certain investigative actions. By analyzing the provisions of the legislation, it is concluded that there are shortcomings in the legal regulation of the procedure for exercising prosecutorial supervision over the legality of the criminal procedural activities of the institutions of the Federal Penal Service of Russia during the preliminary investigation at the level of both criminal procedure law and departmental regulation. In order to eliminate the noted shortcomings, appropriate amendments to the legislation are proposed.