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
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