FUNCTIONAL ORIENTATION OF THE PROSECUTOR IN CRIMINAL PROCEEDINGS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
Some controversial questions concerning prosecutor’s functional orientation are examined in the article. Prosecutor’s powers and aspects of their realization during pre-trial investigation are analyzed. Legal nature and features of prosecutor’s procedural guidance in pre-trial investigation are researched. It is shown that procedural status of prosecutor in criminal proceedings should be defined with regard to his procedural functions. So, analyzing procedural status of prosecutor according to the current criminal procedural legislation, it should be taken into account that his participation in criminal proceedings is above all determined by basic principles of prosecution main activities enshrined in the Art. 121 of the Constitution of Ukraine. It is justified that prosecutor’s participation in pre-trail proceedings ensures: 1) prevention, timely revelation and elimination of possible legal abuses (the purpose of supervision); 2) swift, comprehensive, full and impartial pre-trial proceedings (the purpose of procedural guidance). The author holds that procedural guidance is connected with organization of pre-trial investigation, determining ways of an investigation, coordination of procedural actions, ensuring the compliance of pre-trial investigation. Specificity of prosecutor’s supervision in criminal proceedings and his powers, which have authoritative and circumspect characteristics, allow us to assert that prosecutor exercises procedural guidance of pre-trial investigation. Based on the results of the research conclusions and propositions aimed at subsequent improvement of criminal procedural legislation on the discussed issues are made.
Authors and Affiliations
М. І. Смирнов
Keywords
Related Articles
- EP ID EP472732
- DOI -
- Views 105
- Downloads 0
THE MAIN DIRECTIONS OF IMPROVING THE LEGAL MECHANISM TO ENSURE THE RIGHTS OF CONVICTS TO THE PROTECTION OF LIFE AND HEALTH IN UKRAINE
Reform of the law enforcement system of Ukraine is a priority for the restructuring of the entire state. A key component of the institutional structure of the law enforcement system has always been and remains the Penite...
FEATURES OF INTERROGATION IN CRIMINAL TRIALS CONCERNING THE ACTIVITIES OF CONVERSION CENTERS
The article reveals peculiarities of interrogation in criminal proceedings concerning activities of conversion centers. The author defines subjects and tactics, the subject and the circumstances that must be installed du...
THEORETICAL PRINCIPLES OF DETERMINING THE PLACE OF INTERNATIONAL LEGAL RESPONSIBILITY WITHIN THE CATEGORY OF LEGAL LIABILITY
The article is devoted to the study of the place of the institute of international legal responsibility within the general theoretical category of legal responsibility. The work analyzes the generic features of legal lia...
GENERAL THEORETICAL PARADIGMS DETERMINING LAND OF CRIMES
The article is devoted to the issue of criminal responsibility for crimes in the sphere of land relations – Land crimes. The definition of such crimes is in accordance with general theoretical paradigm of the offense und...
CRIMINOLOGICAL CHARACTERISTICS OF THE CEBERCRIMINALS
The article analyses the main features of cybercriminals, as well as their classification and distinctive characteristics. Based on these characteristics, key signs of cybercrime are formed that will help to facilitate t...