Prosecutor’s decision as a cause for initiating criminal proceedings: problems of improving the legislation

Introduction: in the paper the authors reveal the essence of one of the causes for initiating a criminal case, the so-called fourth cause with the title “the prosecutor’s decision to send relevant materials to the preliminary investigation bodyto resolve the issue of criminal prosecution”; actual problems associated with the implementation of the powers of the Prosecutor’s office at the stage of initiating a criminal case; the essence of the supervisory powers of the Prosecutor’s office (Prosecutor) at the stages of criminal proceedings. Addressing this topic is due to the main purpose - the consideration of the concept of “prosecutor’s decision as a cause for initiating a criminal case” in the criminal procedure legislation of the Russian Federation, as well as the study of topical problems of implementing the powers of the Prosecutor’s office (prosecutor) when considering the issue of ensuring compliance with the principle of legality at all the stages of criminal proceedings. Methods: the methodological framework for the studywas the general scientific method of cognition, including the principle of objectivity, consistency, induction and deduction. In the context of this method and in connection with it, the general logical methods of theoretical analysis and specific scientific methods (comparative law, technical and legal analysis, concretization, interpretation) were used. Results: consideringthe concept of“prosecutor’s decision as a cause for initiating a criminal case”, the authors drew attention to the role of the prosecutor in making the relevant decision on the activitymanagement of the preliminary investigation body, indicated, that in criminal procedure law of this state the most important function of the Prosecutor’s office (prosecutor) is the supervision over compliance with rule of lawbyall the bodies and officials, byvirtue whereof, in practice, theimplementation of twomutuallyexclusive powers of the Prosecutor’s office (prosecutor) can lead to the imbalance in the full implementation of the principles of criminal procedure at all procedural stages. Conclusions: as a result of the study, the authors come to the conclusion that in order to implement fair justice at the stages ofcriminal proceedings, it is necessary tomake appropriate changes in the criminal procedure legislation of the Russian Federation, since the combination in one bodyofpowers to initiate criminal proceedings (in particular, sending a corresponding resolution to the preliminary investigation bodyto resolve the issue of criminal prosecution) and the powers to supervise over compliance with the law by the preliminary investigation bodies is impossible in practice; it requires additional research and appropriate changes.