Franciforov Yu.V., Solovyova N.A., Shinkaruk V.V. The Peculiarities of Interaction of the Prosecutor, with the Investigation Bodies and the Court in Pre-Trial Proceedings in a Criminal Case
DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.7
Yuri V. Franciforov, Doctor of Sciences (Jurisprudence), Professor, Department of Criminal Procedure, Saratov State Law Academy, Volskaya St, 1, 410056 Saratov, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-3739-128X
Natalia A. Solovyova, Candidate of Sciences (Jurisprudence), Associate Professor, Head of Department of Criminal Procedure and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9698-0845
Vladimir V. Shinkaruk, Student, Department of Criminal Procedure and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-5215-6299
Introduction: the paper reveals the peculiarities of the interaction of the court with the officials for the prosecution, who have authority at the stages of initiating a criminal case and preliminary investigation. The paper reveals the types of interaction, as well as the prerequisites for the interaction efficiency between the court and the parties to criminal proceedings on the part of the prosecution, which are based on such fundamental principles of the criminal process as legality, inviolability of the individual, respect for the honor and dignity of the individual and publicity. The interaction of parties to criminal proceedings on the part of the prosecution and the court is carried out through mutual relations conditioned by common tasks, which are based on the principle of publicity, caused by the interests of society and the state, in order to ensure the rights and legitimate interests of the individual, to some extent involved in the criminal proceedings. In this regard, the objectives of the study are: the recommendations for improving the interaction efficiency between individual participants of the prosecution and the court in pre-trial proceedings in a criminal case, the enhancing of cooperation between the subjects of the investigation, the prosecutor and the court, aimed at protecting the rights of persons who have suffered from a crime, as well as the ensuring of the rights of an individual who has been subjected to unjustified criminal prosecution. Methods: the methodological framework for the scientific paper is the methods of scientific cognition, and such general scientific research methods as dialectical, logical, system, structural and functional, and the specific scientific methods, the comparative legal and formal legal methods. Results: in the paper, the authors determine that the interaction of the court, the prosecutor and the investigator contains the following components: purpose, stage and form; sets the criteria for the forms of interaction, in the form of procedural status, purpose, share of responsibility and the nature of legal relations. The paper examines such terms as “relationship” and “interaction”, due to the need to determine their relationship. The authors establish that the relationship of interaction and relationships of parties to criminal proceedings can be characterized as part and general. The highest form of relationship between parties to criminal proceedings is procedural interaction, which forms their stable relationships, gives them the property of stability and productivity. Conclusions: the authors determine that the interaction of the preliminary investigation bodies, the prosecutor and the court is based on the tasks of collecting evidence in the course of criminal proceedings, due to: the need to obtain permission to conduct certain investigative actions and the measures of procedural coercion; the prosecutor’s supervision of the procedural activities of the bodies of inquiry and preliminary investigation; the powers of the court in pre-trial proceedings. The authors come to the conclusion that the main tasks of interaction are: ensuring the legality of the activities of the participants in the interaction; preparing an indictment, a charging document or a determination, for a full, comprehensive and objective judicial review; implementing the protection of the rights, freedoms and legitimate interests of a person and citizen, the interests of society and the state.
Key words: relations of subjects in criminal proceedings, interaction of bodies of preliminary investigation, the prosecutor and the court, ensuring the rights and legitimate interests of trial participants.
Citation. Franciforov Yu.V., Solovyova N.A., Shinkaruk V.V. The Peculiarities of Interaction of the Prosecutor, with the Investigation Bodies and the Court in Pre-Trial Proceedings in a Criminal Case. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 2, pp. 49-56. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.7
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