On the Prospects for Improving the Stage of Completion of the Preliminary Investigation and the Powers of the Prosecutor
https://doi.org/10.25205/2542-0410-2021-17-2-70-78
Abstract
The article is devoted to the consideration of ways to reform the stage of completion of pre-trial proceedings in the Russian criminal process. The author analyzed proposals on the transfer to the prosecutor of powers to draw up the final document of pre-trial proceedings, the right to bring the accused to trial, and the separation of these activities of the prosecutor into a separate stage of the process. An appeal to the historical experience of legal regulation of controversial issues, an analysis of the norms of criminal procedure legislation of Kazakhstan make it possible to justify the conclusion: most of the proposals considered are premature. At the same time, the powers of the prosecutor at the end of pre-trial proceedings need to be expanded and specified.
About the Author
A. V. Spirin
The Ural Law Institute of the Ministry of the Interior of the Russian Federation
Russian Federation
Russian Federation
Aleksandr V. Spirin - PhD in Law, Associate Professor.
Ekaterinburg
References
1. Course of criminal proceedings / ed. L.V. Golovko. 2nd ed., Corr. Moscow, Statute, 2017, 1280 p. (in Russ.)
2. Aleksandrov G. N. On preliminary investigation and inquiry. Soviet state and law, 1955, no. 2, p. 53–61. (in Russ.)
3. Zelenetsky V. S. Initiation of public prosecution in the Soviet criminal trial. Kharkov, 1979, 144 p. (in Russ.)
4. Alekseev I. M. The prosecutor's activity in a criminal case received with an indictment as an independent stage of the criminal process of the Russian Federation. Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2012, no. 3, p. 65–70. (in Russ.)
5. Reshetova N. Y. The functions of the prosecutor after the completion of the preliminary investigation and before the start of the trial of the criminal case. Bulletin of the University of the Prosecutor's Office of the Russian Federation, 2020, no. 5, p. 44–50. (in Russ.)
6. Kovtun N. N. Formation of public prosecution as an independent stage of criminal proceedings in Russia. Journal of Russian law, 2019, no. 9, p. 123–137. (in Russ.)
7. Shadrin V. S. Powers and activities of the prosecutor by order of the state prosecution. Criminalist, 2020, no. 2, p. 82–88. (in Russ.)
8. Shadrin V. S. Criminal procedure activities of the prosecutor and preliminary investigation bodies, pre-trial proceedings, SPb., 2005, 180 p. (in Russ.)
9. Manova N. S. Theoretical problems of criminal proceedings and differentiation of their forms: Dr. Jurid. Diss. Moscow, 2005, 443 p. (in Russ.)
10. Sluchevsky V. K. Textbook of the Russian criminal trial. Moscow, Zerzalo, 2008. (in Russ.)
11. Shifman M. L. Trial in the Soviet criminal trial. Soviet state and law, 1958, no. 2, p. 54–61.
12. The concept of judicial reform in the Russian Federation. Moscow, Republic, 1992, 111 p. (in Russ.)
13. Khaliulin A. G. Criminal prosecution as a function of the prosecutor's office of the Russian Federation: Dr. Jurid. Diss. Moscow, 1997. 261 p. (in Russ.)
14. Strogovich M. S. Course of the Soviet criminal trial. Vol. II: Procedure for criminal proceedings in Soviet criminal procedure law. Moscow, Science, 1970, 516 p. (in Russ.)
15. Criminal process: textbook for university students studying in legal specialties, M. K. Geldibaev, V. V. Vandyshev. 3rd ed., Redesign. and Appendix. Moscow, UNITY-DANA, Law and Law, 2012, 719 p. (in Russ.)
16. Davletov A. A. Criminal procedure of the Russian Federation, lecture course, 7th ed. Ekaterinburg, 2020, 390 p. (in Russ.)
17. Guskova A. P. What should be a trial. Russian justice, 2002, no. 2, p. 43–44. (in Russ.)
18. Muratova N. G. Procedural model of the subject of the indictment (history and modernity). Russian investigator, 2011, no. 14, p. 20–23. (in Russ.)
19. Sumin A. A. On the issue of the content of the functions of the prosecutor in the preliminary investigation stage. Black holes in Russian legislation, 2017, no. 1, p. 109–111. (in Russ.)
20. Spirin A. V. Features of the formulation of the charge during the investigation in an abbreviated form. Russian investigator, 2018, no. 3, p. 44–48. (in Russ.)
Review
For citations:
Spirin A.V. On the Prospects for Improving the Stage of Completion of the Preliminary Investigation and the Powers of the Prosecutor. Juridical science and practice. 2021;17(2):70-78. (In Russ.) https://doi.org/10.25205/2542-0410-2021-17-2-70-78
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