IMPROVING THE ORGANIZATION OF PROSECUTOR'S SUPERVISION OVER THE ACTIVITIES OF PRELIMINARY INVESTIGATION BODIES
( Pp. 237-239)

More about authors
Kolomoets Igor Ivanovich aspirant
Moscow University for the Humanities
Abstract:
Goals and objectives: the Main purpose of the study is to consider the relevant area of research - the Prosecutor's supervision of the activities of the preliminary investigation. To this end, the author solves such problems as: the allocation of the specifics of supervision over the procedural activities of the bodies of inquiry and preliminary investigation, consideration of problematic issues in the study activities and the formulation of proposals for amendments and additions to the code of criminal procedure. Methodology. The study was carried out using a set of scientific approaches and methods, the leading among which were: analysis and synthesis, system, complex, statistical, specific legal, comparative legal methods. Results and conclusions of the study. The author substantiates the conclusion that the proposed changes and additions to the code of criminal procedure and the Federal law of 17.01.1992 N 2202-1 can be used in practice. It is proposed to introduce in the list of acts of prosecutorial response in the field of supervision of the execution of Federal legislation a new tool - the requirement of the Prosecutor. Currently, as an independent act of prosecutorial response, the requirement is used in criminal proceedings in the framework of the implementation of the powers contained in article 37 of the code of criminal procedure. Moreover, it is necessary to determine in detail in which cases such a requirement can be applied in the framework of supervision over the implementation of laws. The main conditions for this - the offender acknowledges the violation of the law and undertakes to eliminate it as soon as possible. Practical importance. Practical interest for representatives of science and practice are formulated in the framework of the study, the author formulated proposals to improve the legislation of the Russian Federation. The work is intended for law enforcement. Originality of the research. The study is of interest to specialists in the field of law, as researchers of theoretical and practical aspects. Questions of expansion of procedural independence of the chief of body (division) of inquiry due to transfer to the last of a number of powers of the Prosecutor in pretrial proceedings, and also expansion of procedural independence of the Prosecutor, by assignment of its powers on pronouncement of the motivated resolution on initiation of criminal case and the subsequent transfer of materials of criminal case to investigative body or body of inquiry for further investigation and acceptance of the final decision based on the law, it will be interesting for employees of the Prosecutor's office and law enforcement agencies.
How to Cite:
Kolomoets I.I., (2018), IMPROVING THE ORGANIZATION OF PROSECUTOR'S SUPERVISION OVER THE ACTIVITIES OF PRELIMINARY INVESTIGATION BODIES. Gaps in Russian Legislation, 5 => 237-239.
Reference list:
Ugolovno-protsessual nyy kodeks Rossiyskoy Federatsii ot 18.12.2001 N 174-FZ (red. ot 27.06.2018) // Sobranie zakonodatel stva RF. 2001. N 52 (ch. I). St. 4921.
Federal nyy zakon ot 17.01.1992 N 2202-1 (red. ot 18.04.2018) quot;O prokurature Rossiyskoy Federatsii quot; // Sobranie zakonodatel stva RF. 1995. N 47. St. 4472.
Statisticheskie dannye o deyatel nosti organov prokuratury Rossii za yanvar - dekabr 2016 g. URL: https://genproc.gov.ru/stat/data/1162324/ (data obrashcheniya: 20.07.2018).
Nikolaeva T.G. Prokurorskiy nadzor za doznaniem: Dis.. kand. yurid. nauk. SPb., 2000. S. 97 - 98.
Savelov M.A. Nezavisimost organov prokuratury kak vazhneyshiy konstitutsionnyy printsip ikh deyatel nosti // Biznes v zakone. Ekonomiko-yuridicheskiy zhurnal, 2: 213-215.
Sprygina O.R. Uchastie prokuratury v normotvorcheskom protsesse na urovne sub ektov Rossiyskoy Federatsii. Probely v rossiyskom zakonodatel stve, 4: 190-193.
Keywords:
prosecutors, the investigation, the criminal process, proceedings, supervision, control, powers, criminal case, inquiry.


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