Correlation of the Legality and Expediency Principles in the Prosecutor’s Office Organization

Abstract

The article is devoted to the study of issues arising from the correlation of the principles of legality and expediency in the organization of the activities of the prosecution authorities of the Russian Federation. Attention is drawn to the examples of the prevalence of the principle of expediency in the practice of organizing public prosecutorial activities as a result of departmental regulatory legal regulation. Based on the results of the research, the author concludes that in the organization and activities of the prosecution authorities the principle of expediency with respect to the principle of legality should be a derivative. Expediency is appropriate only in a situation when the law allows one to choose an alternative form of behavior. Criterion for choosing an expedient form of activity of the prosecutor's office in the absence of direct indication of the law should be a systemic interpretation of the legislative provisions determining the main purpose of the prosecutor's office in the system of state and legal institutions.