ABOUT ADVISABILITY OF A LEGAL REGULATION OF THE BEGINNING OF PRE-TRIAL INVESTIGATION AS EXCEPTIONAL POWER OF THE PROSECUTOR
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 55, Issue 1
Abstract
The powers of the prosecutor in pre-trial proceedings are closely related to the scope of its functions. Powers "help" the prosecutor to ensure a positive outcome for all functions of the prosecution of him in the course of pre-trial proceedings. The issue of granting exceptional powers of the prosecutor to initiate preliminary investigation has gained urgency in connection with the laying on of criminal proceedings by procedural management functions pre-trial investigation. Logically, if the prosecutor directs pre-trial investigation, defining its main stages and content and taking the final decision to investigate (all except those entitled to receive and investigator in the criminal proceedings in which no one was reported suspicion), it must also decide whether to start it. Laying in the current CPC the prosecutor the authority to initiate an investigation in all cases flow to all organs authorized him to perform, primary data on criminal offenses are not appropriate. This legal situation may hinder the rapid reaction police to reports and criminal offense. The legislator was right, putting the power to the prosecutor supervising the lawfulness next start of the preliminary investigation. In conclusion states that in theory the criminal process, legislative practice (projects Code of Ukraine), the legislation of other countries (the Russian Federation) attempts to put on the exclusive powers of the prosecutor to initiate pre-trial investigation in all cases, the receipt of information about criminal offenses. The practice of rules of criminal procedural law on "total" control of the prosecutor for commencement of investigation (criminal case) in Russia demonstrated that such control is not conducive to the rapid response of law enforcement bodies to reports of criminal offenses.
Authors and Affiliations
Andrey Gnatyuk
Keywords
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