The power of the prosecutor to initiate and investigate a criminal case as an effective means of consolidating evidence and combating protracted and poor-quality investigations (comparative legal analysis in Kyrgyz Republic and Russian Federation in 2023)

According to the new Constitution of the Kyrgyz Republic of 2021, the prosecution authorities are empowered to investigate criminal cases, as a result, in the new Code of Criminal Procedure of the Kyrgyz Republic of 2021, the prosecutor acquired new procedural powers of the prosecutor. However, despite the relatively short period of validity of these novels and the first positive developments in this regard, some deputies of the Kyrgyz parliament propose to deprive the prosecutor's office of the function of investigation, allegedly due to the combination of the functions of supervision and investigation in the prosecutor's office itself, appealing to the experience of Russia, in connection with which opinions are analyzed some Russian law enforcers, who, on the contrary, believe that empowering the prosecutor to investigate criminal cases is a guarantee of ensuring the legality of criminal procedure. In order to increase the efficiency of the prosecutor’s activity as a person authorized to carry out criminal prosecution on behalf of the state, Russian lawyers propose to give the prosecutor the right to initiate a criminal case, as well as the right to final legal assessment of the actions of the suspect (accused) at all stages of pre-trial proceedings. It is concluded that the currently available powers of the prosecutor under the Code of Criminal Procedure of the Kyrgyz Republic are necessary for him to effectively supervise and investigate, at least in relation to special subjects. The need for careful legal regulation of the procedural powers of the prosecutor is argued. It is concluded that it is expedient to further expand the powers of the prosecutor in pre-trial proceedings by granting the prosecutor powers related to the selection and extension of preventive measures.