About need of expansion of powers of the prosecutor as participant of criminal legal proceedings in Russian Federation
Автор: Ragulin Andrey Viktorovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Правосудие и правоохранительная деятельность в Евразийском пространстве
Статья в выпуске: 4 (29), 2017 года.
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Purpose: Research of a question of need of expansion of powers of the prosecutor as participant of criminal legal proceedings. Methodology: The dialectic method of knowledge and also special methods was used: formal-legal, statistical, system. Results: For increase in efficiency of activity of the prosecutor as the person authorized to carry out criminal prosecution on behalf of the state the conclusion about need of fixing for provisions of Art. 37 of the Code of Criminal Procedure of the Russian Federation of the right of the prosecutor for initiation of legal proceedings and also investment of the prosecutor with the right of total legal assessment of actions of suspected (defendant) at all stages of pre-judicial production is drawn. Fixing in provisions of Art. 108, 109 of the Code of Criminal Procedure of the Russian Federation of regulations on the obligatory direction to the prosecutor of the resolution of the investigator on excitement before court of the petition for election of a measure of restraint and extension of term of her action and also about granting to the prosecutor of copies of the documents proving need of election or extension of period of validity of a measure of restraint in the form of detention and introduction of the right of the prosecutor to withdraw the petition for election of a measure of restraint in the form of detention or about extension of term of detention before his judicial consideration and also establishment that in case the prosecutor by results of judicial review of the corresponding petition doesn't support the election of a measure of restraint in the form of detention (extension of term of detention), the court stop production according to the petition is also offered. Also it is offered to establish in provisions of Art. 37 of the Code of Criminal Procedure of the Russian Federation the rights of the prosecutor to allow the branches stated to the investigator and also the right to discharge the investigator of further production of investigation, at assumption of violation of requirements of the Code of Criminal Procedure of the Russian Federation by him or other legislation at investigation of criminal case. Novelty/originality/value: Article has the high scientific and practical value as is attempt of a complex research of the modern and current problem important for practice of criminal legal proceedings.
Короткий адрес: https://sciup.org/140225099
IDR: 140225099