Keyword: «prosecutor»

The article is devoted to the issues of ensuring the rights and legal interests of the participants at the stage of initiating a criminal case. Some proposals are made to amend the current legislation. Properly processed and legally obtained evidence should be a guarantee of a fair and reasonable sentence. To sum up, the author concludes that the legal and moral content of criminal procedure at the stage of initiating a criminal case are inseparable.

The article is devoted to the issues of prosecutorial supervision of the implementation of laws during the preliminary investigation of a criminal case involving a minor. The author gives examples of law violations committed by the bodies of inquiry and preliminary investigation, as well as the powers of the prosecutor, which may be used to eliminate these violations.

The authors consider the types of law enforcement errors standing out in the legal literature, show their impact on the quality of the preliminary investigation. Having studied individual decisions of prosecutors on the return of criminal cases for additional investigation, they determine the typical errors serving as a base for the return of criminal cases for additional investigation. The concepts of “significant violations of the criminal procedural law» and «incompleteness of the preliminary investigation» which are used to return criminal cases to a new investigation are analyzed from a historical point of view.

The article examines the problems of the prosecutor's participation in civil proceedings that are common in law enforcement practice. Based on an analysis of scientific approaches and judicial practice, the author reveals the concepts of “an indefinite circle of persons”, “a significant number of citizens”, “state of health, age, and other valid reasons for which a citizen cannot go to court himself”. The work contains numerous examples of different interpretations of the law, in which the courts unreasonably reject the prosecutor’s claim; the prosecutor, when going to court, goes beyond the limits of the powers granted. The author notes the existence of contradictions between the Federal Law “On the Prosecutor’s Office of the Russian Federation” and the Civil Procedure Code of the Russian Federation. It is concluded that it is necessary to be guided by the latter as a special law.

The article examines the problem of managing the activities of a prosecutor participating in the consideration of a case by courts outside of criminal proceedings. It is concluded that the direct control influence is exerted by the head of the prosecutor's office in non-procedural activities and the presiding officer in the trial (in procedural activities). In addition, on the part of higher-ranking officials in the system of the prosecutor's office and the judicial system, there are also elements of control influence on the prosecutor participating in the case. Interrelated and inde-pendent management decisions of management subjects, feedback from the prosecutor participating in the case and the management subject are highlighted.