Trifonova K.A., Biryukov S.Y. Criminal Procedural Means of Prosecutorial Supervision at the Final Stage of the Investigation
DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.16
Kristina A. Trifonova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Preliminary Investigation of the Educational and Scientific Complex on Preliminary Investigation in the Internal Affairs Bodies, Volgograd Academy of the Ministry of Internal Affairs of Russia, Istoricheskaya St, 130, 400075 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-0755-1871
Svyatoslav Y. Biryukov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law 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/0000-0002-7277-1926
Introduction: the transformation of control and supervisory activities that has been taking place for a long time obviously affects the procedural status of the prosecutor as one of the main participants in this activity and, as a result, does not allow the discussion related to his purpose in modern criminal proceedings to subside. The current legislative framework in the context of the prosecutor’s powers of supervision in the preliminary investigation gives reason to talk about a certain ambiguity of the latter’s position. Thus, his purpose can be viewed through the prism of the procedural powers granted, his attribution to the prosecution, and the stages of criminal proceedings. The supervision of the legality of the investigation and the arguing for the State are inextricably linked. And if, on the one hand, they act as powers or forms of criminal prosecution by the prosecutor, then, on the other hand, criminal prosecution itself appears to be one of the functions of the prosecutor in the criminal process. The direction of supervisory activity, which includes the supervision of the course of the preliminary investigation – criminal prosecution – the participation in the consideration of criminal cases by the court, determines a certain isolation of the norms governing the activities of the prosecutor at the final stage of pre-trial proceedings when deciding whether to send a criminal case with an indictment to court. It seems possible to characterize this kind of activity as an independent stage of pre-trial proceedings, which, among other things, performs the so-called precaution function for the subsequent stage, as it helps to eliminate the shortcomings of the preliminary investigation. In this regard, the authors set a goal to disclose certain criminal procedural means of prosecutorial supervision at the final stage of criminal proceedings. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of information processing and logical analysis, synthesis, induction, deduction and generalization. Results: the authors’ content of the criminal procedural means of prosecutorial supervision presented in the work at the final stage of crime investigation, based on the analysis of the legislation and modern prosecutorial practice, provides a more comprehensive understanding of them and makes it possible to use them more effectively in the practical activities of authorized law enforcement officials. Conclusions: as a result of the study, certain criminal procedural means of prosecutorial supervision at the final stage of criminal proceedings have been disclosed to inform law students, the teaching staff of law schools, as well as practitioners to better understand the specifics of the prosecutor’s activities at the above stage of criminal proceedings.
Key words: prosecutor, prosecutor’s supervision, stages of preliminary investigation, indictment, criminal case.
Citation. Trifonova K.A., Biryukov S.Y. Criminal Procedural Means of Prosecutorial Supervision at the Final Stage of the Investigation. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 3, pp. 112-119. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.16
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