DOI: 10.7256/2454-0706.2018.9.21613

Abstract: The article is devoted to analysis of the Prosecutor's status as a subject of proof in the pre-trial proceedings. It describes in detail the Prosecutor's participation in the collection of evidence, their interaction in the process of proving alongside the bodies of investigation and inquiry. Based on the analysis of provisions of the applicable legislation, the orders of the Prosecutor General of the Russian Federation and various points of view of experts in this field, the article puts forward and substantiates the conclusion that the Prosecutor must exercise their authority as a prosecution subject of proof to the fullest extent. In this regard, it is proposed to supplement the Criminal Procedure Code of the Russian Federation with a number of provisions granting the Prosecutor the right to consider and resolve the petitions of the participants in the criminal case, take part in the investigative actions, give the investigator the mandatory instructions, as well as submit the documents and materials received during the Prosecutor’s investigation to preliminary investigation agencies. All of the proposals are closely interrelated and strictly comply with the legal nature of the Prosecutor's supervision.

DOI: 10.7256/2454-0706.2018.9.43025

Abstract: The article is devoted to analysis of the Prosecutor's status as a subject of proof in the pre-trial proceedings. It describes in detail the Prosecutor's participation in the collection of evidence, their interaction in the process of proving alongside the bodies of investigation and inquiry. Based on the analysis of provisions of the applicable legislation, the orders of the Prosecutor General of the Russian Federation and various points of view of experts in this field, the article puts forward and substantiates the conclusion that the Prosecutor must exercise their authority as a prosecution subject of proof to the fullest extent. In this regard, it is proposed to supplement the Criminal Procedure Code of the Russian Federation with a number of provisions granting the Prosecutor the right to consider and resolve the petitions of the participants in the criminal case, take part in the investigative actions, give the investigator the mandatory instructions, as well as submit the documents and materials received during the Prosecutor’s investigation to preliminary investigation agencies. All of the proposals are closely interrelated and strictly comply with the legal nature of the Prosecutor's supervision.