The procedural position of the prosecutor as a subject of ensuring the rights of entrepreneurs in criminal proceedings

Автор: Savchenko V.N.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 12, 2023 года.

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The article examines the protection of the rights of entrepreneurs as participants in criminal proceedings. It is emphasized that prosecutor’s supervision over the observance of human and civil rights and freedoms is one of the components of the system of state protection of entrepreneurs’ rights. As part of the study, particular attention is paid to such key procedural categories as “functions of the prosecutor” and “powers of the prosecutor”, on the basis of which the role in the context of ensuring the rights of entrepreneurs in criminal proceedings is formulated. A detailed analysis of the peculiarities of the procedural position of the prosecutor and its influence on ensuring the rights of entrepreneurs in criminal proceedings is offered. It is noted that the question of whether there are signs that allow a person to be classified as a business entity arises even in pre-trial proceedings, which necessitates the adoption in each specific case of a procedural decision on the recognition of a person as a business entity. Conclusion dwells upon the fact that it is the prosecutor who should resolve the issue of attributing a person to the subjects of entrepreneurial activity.

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Criminal procedure, prosecutor, functions of the prosecutor, powers of the prosecutor, entrepreneur, entrepreneurial activity, legality, validity, circumstances, establishment, verification, evidence

Короткий адрес: https://sciup.org/149144192

IDR: 149144192   |   DOI: 10.24158/tipor.2023.12.52

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