К вопросу о стратегии государственного обвинения в процессе доказывания по уголовному делу в суде первой инстанции

Abstract

Relevance. The participation of the prosecutor in the process of proving in the court of first instance, in many respects, makes it possible to ensure the objectivity of the consideration of a criminal case, to fill in the gaps in the preliminary investigation in court. The existing shortcomings in law enforcement, the imperfection of the criminal pro-cedure law, in the part related to the topic of the study, necessitate further understanding of the problems of the public prosecution strategy in the process of proving, developing proposals to improve the efficiency of the prosecutor. The purpose: based on the results obtained, to develop scientific provisions of theoretical and practical im-portance in order to improve the criminal procedure law and the practice of its application. Objective: to disclose the content of the prosecutor's participation in the process of proving a criminal case in the court of first instance, to propose measures to improve the criminal procedure law and the procedural activities of the prosecutor, in part related to the topic of the study. Methodology. The methodological basis of the research is the provisions of the general scientific dialectical method of cognition of the surrounding reality. The authors used such general scientific methods as analysis, synthesis, induction, deduction, as well as formal-logical, formal-legal methods of cognition, observation method and questionnaire. Results. The state prosecutor participating in the court session is not just one of the parties, but acts on behalf of the state, which requires him to strictly comply with the requirements of a modern legislator, the ability to develop a strategy in a "dispute". The strategy should be based on a deep knowledge of the materials of the criminal case, the presentation of evidence in such a harmonized composition that allows the court to reasonably convince the prosecution of the position of the prosecution. Conclusion. Maintaining public prosecution in court is one of the areas of activity of the prosecutor's office, which is significant not only from the standpoint of ensuring accurate, uniform application of the law, but also from the standpoint of achieving the objectives of criminal proceedings. It requires the prosecutor to demonstrate high profes-sionalism, and further actions of the legislator towards creating an appropriate basis for the implementation of such activities.