PROBLEM OF RELATIONSHIP BETWEEN THE INVESTIGATOR AND THE PROSECUTOR IN THE SCIENTIFIC HERITAGE OF PROFESSOR S. A. SHEYFER

Abstract

The novelty of the article is a comparative analysis of it in the development of procedural guidance the investigation by the prosecutor in the scientific works of professor S. A. Sheyfer from the Soviet era to the present, the positions of other supporters of this idea at different stages of reforming the domestic criminal process, studies of modern authors, is devoted to relations between different participants of the process from the prosecution in pre-trial proceedings in criminal cases. The purpose of this analysis is to identify new and confirm previous arguments in favor of maintaining the prosecutors leading position in the implementation of criminal prosecution in pre-trial proceedings in criminal cases. The main argument in favor of such organization of prosecutorial activities is the continuation of prosecutorial activities by the prosecutor and in court by maintaining the public prosecution, formulated and substantiated before the trial. The objective was to identify substantive contradictions between the prosecutors function of criminal prosecution on behalf of the state and supervision of the legality of the preliminary investigation and inquiry and the set of powers that the prosecutor has under the current criminal procedure law. The article uses methods of system analysis and synthesis, comparative legal and historical methods. The study shows that in the course of reforming the domestic pre-trial proceedings in criminal cases, significant mistakes were made that require correction. The purpose of this correction is to preserve for the prosecutor, as a representative of the public prosecution service, the ability to exercise procedural leadership of the preliminary investigation, actively influencing the formation and justification of the accusation, which is then brought before the court. In conclusion, it is shown that this is how S. A. Sheyfer imagined the procedural role of the prosecutor as a representative of the prosecutorial authorities, actively influencing the detection and investigation of crimes.