Manage internal supervision and supervision of prosecutor over prosecution of investigation procedures
Journal Title: Юридические науки и образование - Year 2018, Vol 54, Issue 54
Abstract
Procedural powers of prosecutor during pre-trial production are determined by a lawmaker with considering of two directions of activity of this participant of criminal proceedings: on behalf of a state to perform criminal prosecution and supervise for procedural activity of inquiry bodies and preliminary investigation. Presence of these directions of activity causes necessity their differentiation for correct determination of a prosecutor’s powers on each of them although in practice they are closely intertwined and interconnected with each other. Under prosecutor’s supervision for production of investigative actions is understood an activity of prosecutor on disclosure of the facts of law violations at making decisions and conducting investigative actions, reacting them, and also on prevention these violations at their production. Establishing of judicial control for pre-trial production is the most important step in the way of realization of judicial legal reform in Azerbaijan Republic, aimed to strengthening of judicial power in the country. Transmission the right from prosecutor’s office to independent judicial power gives permission to investigative bodies for conducting investigatory and other procedural actions associated with restriction of constitutional rights and freedoms of citizens and impeding access to justice allows eliminating subjectivism at making appropriate procedural decisions. It serves an effective guarantee against unjustifiably broad application of enforcement measures and violation of procedural rights of process participants. It is considered the issues of realization of departamental control over production of investigative actions, which is carried out by a chief of investigative department (station, department), a head of specialised department of inquiry of inqiry body and their powers. It makes clear an essence of prosecutor supervision over production of investigative actions.
Authors and Affiliations
Allahverdi Teymurov
Keywords
Related Articles
- EP ID EP276226
- DOI 10.25108/2304-1730-1749.iolr.2018.54.217-248
- Views 77
- Downloads 0
The fairness of punishment: myth or reality
It is necessity to obey the laws of the state is the foundation and key principle of fairness in society. But it is equally important that the scales of justice are fair and correct, and that the one of who holds them in...
The legal basis of foreigners and non-citizens’ entering and leaving the Republic of Azerbaijan
It is analysed the legal basis of foreigners and non-citizens' entering andleaving the Republic of Azerbaijan in accordance with the National Legislation, moreover, the restrictions on those persons. In addition, accordi...
Personality of criminal
It is analyzed the provisions said by the scientists in different historical epochs, main idea of which is that considerable part of criminals are carriers of distinctive type and the task of scientific research is to di...
Current problems of improvement criminal legislation taking into account gender approach
For ensuring real gender equality, the corresponding procedures allowing realizing the provisions provided by the Constitution in practice are necessary. Declaration of equality in the rights and freedoms is only the fir...
The development of legislation in the fight against financial crimes in credit sector of Azerbaijan
One of the most important principles that form the basis of the methodology of scientific knowledge is historicism. Without studying the past, it becomes difficult to determine the essence of the processes taking place i...