The prosecutor and his role in concluding a procedural agreement at the stage of pre-trial investigation under the criminal legislation of the Republic of Kazakhstan

Introduction: the appearance of the plea bargain procedure in the Criminal Procedure Code of the Republic of Kazakhstan enlarged greatly the prosecutor’s authorities to have defined his significant role while implementing such an agreement. The activity of the prosecutor while using plea bargain is both at the pre-trial stages and during hearing the case in court and it differs in the range of rights and functions to realize them. The author of the article analyzes the points of view of various authors related to regulation of the prosecutor’s authorities, his own opinions on the given topic research. The author also examined some problems related to interaction between the investigative bodies and the prosecutor's while making plea bargain at the stage of the preliminary investigation. Materials and Methods: the normative basis of the given study is formed by the Constitution of the Republic of Kazakhstan, the criminal and criminal-procedural legislation, local regulations governing the activities of the criminal prosecution bodies while making plea bargain as well as the scientific works concerning criminal procedure relating to the mentioned issues. The methodological basis of the study is said to be general dialectical method of scientific knowledge of a universal nature as well as the methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. The Results of the Study: the author considered, clarified and summarized certain provisions concerning the prosecutor’s authorities and issues related to the implementation of his activities when making plea bargain. Findings and Conclusions: the analyzed aspects of interaction between the investigative body and the prosecutor at the stage of the preliminary investigation when concluding a procedural agreement, allowed formulating the author's position on the need to delegate the powers to conclude it to the investigator. At the same time, the prosecutor should be empowered to assess the results of the agreement at the stage of drawing up an indictment.