On the issue of insufficient powers of the prosecutor
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The paper focuses on current problems of the prosecutor's supervision of pre-trial proceedings in criminal proceedings. In 2007, the prosecutor was deprived of effective supervisory powers in relation to the pre-trial investigation and a significant part of the power to decide whether or not to institute criminal proceedings. At present, the insufficiency of the prosecutor's powers at the stage of initiation of criminal proceedings has created a problem for supervising the initiation of criminal cases. At the same time the insufficiency of the prosecutor's powers to supervise the execution of ...
The paper focuses on current problems of the prosecutor's supervision of pre-trial proceedings in criminal proceedings. In 2007, the prosecutor was deprived of effective supervisory powers in relation to the pre-trial investigation and a significant part of the power to decide whether or not to institute criminal proceedings. At present, the insufficiency of the prosecutor's powers at the stage of initiation of criminal proceedings has created a problem for supervising the initiation of criminal cases. At the same time the insufficiency of the prosecutor's powers to supervise the execution of laws by the investigating authorities entails a problem of supervision over the observance of constitutional rights and freedoms of man and citizen, a problem of supervision over the decisions that ensure the formation of charges and the movement of the criminal case. The author concludes that the protection of the public interest to ensure the legality of pre-trial proceedings determines the need to provide the prosecutor with sufficient legal means of supervision, independent of the form of investigation and the subject of its proceedings, and proposes to amend the CPC RF, aimed at strengthening the role of the prosecutor in the procedure for initiation and investigation of criminal cases.
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