Эволюция института государственного обвинения в уголовно-процессуальном праве России

Abstract

Introduction: in the modern criminal procedure of Russia, by virtue of the principle of adversarial parties, the court only performs the function of resolving the case, and the function of prosecuting is assigned to the public prosecutor, which is carried out by the prosecutor’s office. Despite the fact that the prosecutor’s office, as a supervisory authority, has existed in Russia for three centuries, however, there are gaps in the legal regulation of the institution of public prosecution, whose elimination is often facilitated by the study of historical experience. In this regard the authors set a goal to investigate the evolution of the institution of public prosecution in criminal procedure law of Russia. Methods: during the research, such methods as historical-legal, comparative-legal and the method of analysis are used. Results: in the paper, the authors, relying on the modern legislation and monuments of law, and the opinions expressed by competent scientists, have conducted a study of the emergence and development of the institution of public prosecution, showing that handling public prosecution is one of the guarantees of a lawful and reasonable sentence. Conclusions: as a result of the study, it is found that the emergence of the institution of public prosecution has been a natural result of the development of Russian criminal procedure legislation, the separation of the function of resolving the case and that of prosecuting allows the court to objectively evaluate the evidence presented by the parties, without being associated with the position of the prosecution.