The prosecutor as a subject of the duty of proof in pre-trial proceedings in criminal cases

The issues of the theory of evidence and proof occupy a significant place in the science of criminal procedure. An important role in the general set of scientific works on evidence and proving is played by works devoted to the subjects of proof. Among the participants representing the prosecution, one of the subjects of the duty of proof is the prosecutor. The duty of proof by the prosecutor is confirmed in a number of norms of the Code of Criminal Procedure of the Russian Federation and in its procedural position in general. The prosecutor's powers of proof have been significantly limited or transformed since the reforms of 2007. In addition, the possibilities of the prosecutor in the implementation of evidence are different for the two differentiated forms. The procedural position of the prosecutor as a participant in the proceedings related to the prosecution, but not conducting an investigation directly, regardless of the forms of the preliminary investigation, should be unified. The study formulates a number of proposals aimed at ensuring the implementation of the duty of proof by the prosecutor in criminal proceedings.