The Prosecutor's Demand to Eliminate Violations of Federal Legislation Committed During the Conduct of an Inquiry or Preliminary Investigation as a Guarantee of Strengthening the Rule of Law: Problems of Legal Regulation
( Pp. 220-224)

More about authors
Shigurova Elena I. Cand. Sci. (Law), Associate Professor; Associate Professor of the Department of Criminal Procedure, Justice and Prosecutorial Supervision of the Law Institute
National Research Mordovia State University
Saransk, Republic of Mordovia, Russian Federation
Abstract:
Purpose of the study. The article deals with the problems of legal regulation of such an act of prosecutorial response as a requirement to eliminate violations of federal law committed when receiving, registering and resolving reports. The problems of the act of the prosecutor's response under consideration are due to the lack of a legislative mechanism for considering the prosecutor's demand in terms of determining the circle of subjects entitled to make demands, the circle of subjects in respect of which demands should be made, as well as the timing of consideration of the prosecutor's demand by the head of the body of inquiry, the head of the inquiry unit. Сonclusions. The author proposes to eliminate the shortcomings of legal regulation by fixing the concept, content, procedure, terms of consideration of the requirements of the prosecutor in a special article of the Federal Law «On the Prosecutor's Office of the Russian Federation» and in the norms of the Code of Criminal Procedure of the Russian Federation.
How to Cite:
Shigurova E.I., (2022), THE PROSECUTOR'S DEMAND TO ELIMINATE VIOLATIONS OF FEDERAL LEGISLATION COMMITTED DURING THE CONDUCT OF AN INQUIRY OR PRELIMINARY INVESTIGATION AS A GUARANTEE OF STRENGTHENING THE RULE OF LAW: PROBLEMS OF LEGAL REGULATION. Gaps in Russian Legislation, 6 => 220-224.
Reference list:
On Amendments to the Code of Criminal Procedure of the Russian Federation and the Federal Law «On the Prosecutor’s Office of the Russian Federation»: Federal Law of 05.06.2007 №. 87-FZ // SZ RF. 2007. №. 24. Art. 2830.
Shigurova E. I., Shigurov A. V. Disadvantages of legal regulation of the application of measures of procedural coercion in criminal proceedings // Humanitarian and political and legal research. 2020. №. 1 (8). P. 68.
Kryukov V.F. The powers of the prosecutor in pre-trial proceedings in criminal cases: modernity and prospects // Journal of Russian law. 2007. № 10. P. 66.
Kolomeets E.V. The requirement to eliminate violations of the law as an independent act of prosecutorial response in criminal pre-trial proceedings // Bulletin of the Omsk Law Academy. 2017. № 2. P. 66.
On the organization of prosecutorial supervision over the procedural activities of the bodies of inquiry: Order of the Prosecutor General of Russia dated January 19, 2022 № 11. Access from the reference legal system «Consultant-Plus».
Koval E.A., Fedoseev R.V., Shigurov A.V. Acts of public prosecutor's response. Workshop / Saransk. 2021. P.87.
Krysin V.A., Shigurov A.V., Smolin A.G. Investigator (inquirer) in criminal proceedings. Textbook / Saransk. 2020. P.47.
Keywords:
prosecutor, acts of prosecutorial response, prosecutorial supervision, requirement, head of the investigative body, head of the body of inquiry, head of the unit of inquiry.


Related Articles

Criminal Law Pages: 29-36 DOI: 10.33693/2782-7372-2023-2-1-29-36 Issue №22977
Probable Conclusion of an Expert in a Criminal Case: Evaluation and Use by the Prosecutor in Court (Debatable Issues)
criminal proceedings evidence evaluation of evidence expert opinion probable expert opinion
Show more
4. CRIMINAL LAW DISCIPLINES Pages: 255-258 Issue №19964
Forms of Participation and Powers of the Prosecutor at the Stage of Initiation of a Criminal Case
criminal process procedural function procedural powers prosecutor initiation of criminal proceedings
Show more
CRIMINAL LAW (5.1.4.) Pages: 321-325 Issue №24238
On the Issue of the Need to Improve Control and Supervisory Activities Over the Implementation of Legislation by Bodies and Institutions of the Penal Enforcement System
control supervision penal enforcement system penitentiary institutions public control
Show more
8. JUDICIAL, PROSECUTORIAL, HUMAN RIGHTS AND LAW ENFORCEMENT ACTIVITIES Pages: 269-273 Issue №16680
The role and importance of prosecutorial supervision over the legislation implementation in the protection field, rights enforcement and legitimate children interests who were left without parental care
Prosecutorial supervision children's rights orphans social support for children
Show more
10. Judicial, prosecutorial, human rights and law enforcement activities Pages: 204-208 Issue №11188
PROSECUTORIAL SUPERVISION AND PROTECTION OF THE RIGHTS OF THE VICTIM AT THE PRETRIAL STAGE OF THE CRIMINAL PROCESS
prosecutorial supervision protection of the rights of the victim the pre-trial stage of the criminal process
Show more
13. JUDICIAL, PROSECUTORIAL, HUMAN RIGHTS AND LAW ENFORCEMENT ACTIVITIES 12.00.11 Pages: 258-263 Issue №16787
On the possiblities of the prosecutors use of digital technologies in the consideration of the criminal case received whit the indictment
prosecutorial supervision pre-trial indictment digital technology computer program
Show more
11. CRIMINAL PROCESS (12.00.09) Pages: 248-253 Issue №18933
The Concept of a Legal Organization Counteraction to Crime (Theoretical and Ideological Aspect)
prosecution Prosecutor criminal process legal organization of counteraction to crime
Show more
7. Criminal law, Criminal enforcement law, Criminology Pages: 190-192 Issue №4088
Acts of prosecutorial response and supervision in pretrial criminal proceedings
acts of prosecutorial response the acts of prosecutorial supervision the Prosecutor view resolution
Show more
9. JUDICIAL, PROSECUTORIAL, HUMAN RIGHTS AND LAW ENFORCEMENT ACTIVITIES (12.00.11) Pages: 252-255 Issue №17401
About the essence and subject of prosecutor's supervision over the execution of laws when holding suspects and accused in custody in temporary detention centers
Prosecutor Prosecutor's supervision temporary detention facility suspects accused
Show more
10. CRIMINAL PROCEDURE 12.00.09 Pages: 239-243 Issue №18348
Prosecutor in pre-trial proceedings on criminal cases (comparative legal analysis of the legislation of European States and the legislation of Russia)
Prosecutor investigator investigating judge police inquiry
Show more