Прокурор как участник следственной группы в российском уголовном судопроизводстве: история и современность

Abstract

Consideration is given to the genesis of the criminal procedural legislation of the Russian state, which regulates the preliminary investigation by the investigation team. It was found that the rules of various sources of criminal procedural law of the Russian state to varying degrees determined the procedural provisions governing the powers of the prosecutor as a party to the criminal procedural legal relations with the investigation team. At the analysis of Statute of criminal legal procedure of 1864 it was revealed that prosecutor was empowered to cooperate with investigation team, in some cases being involved in the composition of the investigation team. The problem of correlation and differentiation of powers of head of investigative body and public prosecutor, including in relation to the investigative group, was considered. In addition, attention was paid to the ratio of such forms of control at the pre-trial stages of criminal proceedings as prosecutorial supervision, judicial control and procedural control. Disadvantages of the last form of control are marked out, as at the analysis of the investigative practice there were revealed problems of interest of heads of investigative bodies in favorable and qualitative indicators of their subordinate employees - investigators, including those involved in the investigative group. The question of registered procedural violations, committed by the officials of preliminary investigation and pre-investigation bodies at the pre-trial stages of criminal proceedings was analyzed, the dynamics of growth of these violations in the period from 2015 to 2020 was confirmed. As a consequence the attention was drawn to the possibility of involvement of the prosecutor to the investigative group at the present stage. Taking into account historical aspects of regulation of processes of organization and activity of investigative groups at different stages of development of domestic criminal justice, dynamics of pro-procedural violations of officials of bodies of preliminary investigation and inquiry, revealed problems of interest and partiality in realization of procedural control over participants of investigative group, the necessity of involving prosecutor into composition of investigative group is grounded.