PROMOTION BY A PROSECUTOR OF ADDITIONAL CHARGE
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 63, Issue 2
Abstract
The article is devoted to research of problems of promotion by a prosecutor of additional charge of court of the first instance. The relevance of the chosen subject is caused by the fact that in the conditions of reforming of the function of prosecutor's office on maintenance of public charge cases of correction of a legal position of a prosecutor in a court of the first instance deserve attention. One of its varieties is correction of promotion of additional charge by a prosecutor which feature is increase in volume of accusatory activity of a prosecutor in a court that creates threat of violation of the rights and legitimate interests of the party of protection. The bases of promotion a prosecutor of additional charge and its consequence in law are characterized. The problems of the procedure of promotion by a prosecutor of additional charge are analyzed. The main differences of promotion by a prosecutor of additional charge in a court from change of charge and refusal of charge by a prosecutor are formulated. Material and procedural conditions of promotion by a prosecutor of additional charge are considered. The system of procedural guarantees of protection of the rights and legitimate interests of the party of charge at promotion of additional charge by a prosecutor in a court is researched.
Authors and Affiliations
Marina Petrushko
Keywords
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