DOI: 10.7256/2454-0706.2020.10.34209

Abstract: This article raises the questions on the improvement of work management in the prosecutorial branches on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor. Analysis is conducted on the existing in the prosecutor’s office procedure of pretrial dispute, which legislative consolidation is associated with usage of the term “superior prosecutor”. The subject of this research is the norms of the Criminal Procedure Code of the Russian Federation, executive documents of the Prosecutor General's Office of the Russian Federation and prosecutor's offices of the constituent entities of the Russian Federation, as well as scientific literature on the topic at hand. The conclusion is made that the current legislation and the established law enforcement practice assume on the recurrent appeal on the same instance of violation of law within a single prosecutorial branch, and thus do not effectively protect the rights and legitimate interests of the parties involved in the criminal procedure sphere. For this reason, the author makes recommendations on the amendments to the Criminal Procedure Code of the Russian Federation aimed at adjustment of the procedure of consideration of complaints of the parties to criminal proceedings, which would ensure their resolution within the framework of a single prosecutorial branch in a single instance.

DOI: 10.7256/2454-0706.2020.10.43382

Abstract: This article raises the questions on the improvement of work management in the prosecutorial branches on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor. Analysis is conducted on the existing in the prosecutor’s office procedure of pretrial dispute, which legislative consolidation is associated with usage of the term “superior prosecutor”. The subject of this research is the norms of the Criminal Procedure Code of the Russian Federation, executive documents of the Prosecutor General's Office of the Russian Federation and prosecutor's offices of the constituent entities of the Russian Federation, as well as scientific literature on the topic at hand. The conclusion is made that the current legislation and the established law enforcement practice assume on the recurrent appeal on the same instance of violation of law within a single prosecutorial branch, and thus do not effectively protect the rights and legitimate interests of the parties involved in the criminal procedure sphere. For this reason, the author makes recommendations on the amendments to the Criminal Procedure Code of the Russian Federation aimed at adjustment of the procedure of consideration of complaints of the parties to criminal proceedings, which would ensure their resolution within the framework of a single prosecutorial branch in a single instance.

DOI: 10.7256/2454-0706.2016.11.20849

Abstract: This article is dedicated to the questions of ensuring the legality of the investigative actions regarding or with participation of minors by the procedural and organizational means of prosecutor’s supervision, as well as through prosecutor’s participation in coordination of the work of law enforcement bodies in the struggle against crime. The subject of this research is the norms of the Criminal Procedural Law of the Russian Federation, Federal Law “On the Prosecutor’s Office of the Russian Federation”, decrees of the President of the Russian Federation, organizational and administrative documents of the General Prosecutor of Russia, judicial practice, as well as scientific literature on this topic. The author concludes that the reported in recent time growth in the number of minors involved in the criminal court procedures, which in turn substantiates the increase of the amount of violations committed by investigators during the process of investigation with participation of minors, predetermines the need for activation of the national institutions for protection of rights and freedoms of the minors, among which a special place belong to the prosecutor’s supervision. At the same time, for realistic and complete protection of right of the minors in criminal procedure, the prosecutor’s office must use their entire procedural and organizational potential within the framework of realization of supervision over the legality of the work of investigators.

DOI: 10.7256/2454-0706.2016.11.43008

Abstract: This article is dedicated to the questions of ensuring the legality of the investigative actions regarding or with participation of minors by the procedural and organizational means of prosecutor’s supervision, as well as through prosecutor’s participation in coordination of the work of law enforcement bodies in the struggle against crime. The subject of this research is the norms of the Criminal Procedural Law of the Russian Federation, Federal Law “On the Prosecutor’s Office of the Russian Federation”, decrees of the President of the Russian Federation, organizational and administrative documents of the General Prosecutor of Russia, judicial practice, as well as scientific literature on this topic. The author concludes that the reported in recent time growth in the number of minors involved in the criminal court procedures, which in turn substantiates the increase of the amount of violations committed by investigators during the process of investigation with participation of minors, predetermines the need for activation of the national institutions for protection of rights and freedoms of the minors, among which a special place belong to the prosecutor’s supervision. At the same time, for realistic and complete protection of right of the minors in criminal procedure, the prosecutor’s office must use their entire procedural and organizational potential within the framework of realization of supervision over the legality of the work of investigators.