Supervision and criminal prosecution as a part of competing prosecutorial functions

This article provides a brief analysis of the history of the establishment and development in the Russian Federation of the institute of prosecutorial supervision, which, as it seems to its author, is subject to the earliest possible recovery (taking into account past experience). In the judgments on the stated topic, the article author is repelled by the dual «oversight» of the prosecutor's office and the court over the procedural activities of the preliminary investigation bodies at the dawn of Soviet power. He strongly opposes the repetition of such a mistake in the current prosecutorial supervisory activity, substantively proving the inconsistency of the current regulatory framework, which causes excessive red tape and red tape in the relations between the participants of the criminal process, which is completely unacceptable during criminal process. The article author pays no less attention to the unhealthy competition of the two currently proclaimed by some authors, but objectively mutually exclusive prosecutorial functions - supervision and criminal prosecution (and even the leadership thereof). While arguing with scientists writing about this in legal literature, he constructively, but at the same time, corrects, proves his point as regards the justification for resuscitation of prosecutorial supervision in peak of the newly appeared form of «judicial presence» in the pre-trial stages of the criminal process. Such dubious achievements of the criminal-procedural legislation of the Russian Federation as its current dependence on international and constitutional law have not been left without discussion, since the declaration of the latter's priority by the norms of the Criminal Procedure Code of the Russian Federation does not in the best way affect the effectiveness of modern law enforcement in general. The main idea, passing the «red line» into the publication submitted for discussion by the reading audience, comes down to the inevitability of the return of the Russian legal system to the prosecutor's supervision that has positively proven itself in the past and the unacceptability of attempts at its artificial mixing (identification) with such functions as the prosecutor's prosecution and management of criminal prosecution.