О процессуальном статусе должностных лиц органов прокуратуры, участвующих в уголовном судопроизводстве

Abstract

Introduction: the paper analyzes some problems of participation in criminal proceedings of officials of the prosecutor’s office, caused by not quite clear regulation of these issues at the level of the Constitution of the Russian Federation, the Federal Law “On the Prosecutor’s Office in the Russian Federation”, the Criminal Procedure Code of the Russian Federation, Orders and Instructions of the Prosecutor General of the Russian Federation. There is an ambiguity in the use of the names of officials of the prosecutor’s office who perform various criminal procedural actions, the lack of a clear division of their procedural powers, forms and principles of interaction. The purpose of the study is to identify the forms of participation of officials of the prosecutor’s office in criminal proceedings, to identify the shortcomings of the legal regulation of procedural statuses, to determine the prospects for the development of the criminal procedure legislation in terms of the registration of the procedural status of officials of the prosecutor’s office. In the course of the research, the methods of both formal-legal and system-structural analysis and synthesis of legal phenomena are used. The results are presented in the form of delegeferenda proposals, taking into account the difference in the procedural statuses of officials of the prosecutor’s office involved in criminal procedural activities in pre-trial and judicial proceedings, on whose basis a model of procedural differentiation of officials of the prosecutor’s office has been developed. The main conclusion is that the procedural statuses of the prosecutor and the state accuser provided for by the current Code of Criminal Procedure of the Russian Federation are not sufficient to cover all forms of participation of officials of the prosecutor’s office in criminal proceedings. In this regard, the proposal is justified to further consolidate the procedural statuses of the superior prosecutor and other participants from the prosecutor’s office.