Forms of Participation and Powers of the Prosecutor at the Stage of Initiation of a Criminal Case
( Pp. 255-258)

More about authors
Lukozhev Khusen Manaevich kand. yurid. nauk, docent, docent kafedry ugolovnogo processa
Kuban State University
Krasnodar, Russia
Abstract:
The article examines the problems of the role, functions and powers of the prosecutor at the stage of initiation of a criminal case. The procedural status of the prosecutor, as an official exercising the functions of supervision, criminal prosecution, coordination, heading the "prosecutorial authority", presupposes his ability to dispose of criminal prosecution, including launching it by initiating a criminal case, changing the vectors of criminal prosecution and abandoning it by terminating criminal prosecution or the entire criminal case. Based on the results of the analysis of the norms of criminal procedure legislation, possible forms of participation of the prosecutor in the stage of initiation of a criminal case are identified: among which are named: 1. As the initiator of criminal prosecution; 2. As a participant in criminal proceedings, carrying out operational prosecutor's supervision; 3. As an addressee for filing a complaint about the legality of the investigator's or inquirer's decision in accordance with Article 124 of the Code of Criminal Procedure; 4. As a participant in the process, in accordance with 125 of the Code of Criminal Procedure. The conclusion is substantiated that the powers available to the prosecutor are clearly not sufficient for the effective implementation of criminal prosecution.
How to Cite:
Lukozhev K.M., (2021), FORMS OF PARTICIPATION AND POWERS OF THE PROSECUTOR AT THE STAGE OF INITIATION OF A CRIMINAL CASE. Gaps in Russian Legislation, 6 => 255-258.
Reference list:
Kolomeets E.V. Ensuring the legality of decisions on refusal to initiate criminal proceedings by means of prosecutorial response // Bulletin of the Omsk Law Academy. 2018. No. 3. pp. 314-318.
Korolkov S.Yu. On the issue of the prosecutor's powers to verify the decision to initiate a criminal case related to the falsification of evidence // Russian Justice. 2021. No. 1. pp. 47-48.
Lukozhev Kh.M., Klimok T.A. Independence of the court and the prosecutor in criminal proceedings // Legal science. 2021. No. 4. pp. 134-138.
Lukozhev Kh.M., Chich Zh.T. Prosecutor as a subject of the duty of proof in criminal proceedings // Theory and practice of social development. 2021. No. 4. pp. 43-47

Criminal procedure of European states: monograph / edited by V.I. Samarin, V.V. Lutsik. M., Prospect, 2019. p. 218.
Statistical data on the main indicators of the activity of the Prosecutor's Office of the Russian Federation for January-December 2020 / Official website of the Prosecutor General's Office of the Russian Federation [Electronic resource]. URL: https://epp.genproc.gov.ru/web/gprf/activity/statistics/office/result?item=58866781
Appeal ruling of the Fifth Court of Appeal of General Jurisdiction dated 04/16/2020 No. 66a-263/2020 // SPS "ConsultantPlus".
Cassation ruling of the Third Court of Cassation of General Jurisdiction dated 01/15/2020 in case No. 88a-1090/2020 // SPS "ConsultantPlus".
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Keywords:
criminal process, procedural function, procedural powers, prosecutor, initiation of criminal proceedings, procedural status.


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