Prosecutor and court: strategic balance

Abstract

The article deals with the discussion issue of the role of the prosecutor in judicial proceedings through the prism of the principle of adversarial parties and the main powers of the prosecutor’s office in the legal state. The conclusion is made about the inconsistency of the regulatory regulation of the supervisory powers of the prosecutor in relation to the preliminary investigation and inquiry bodies, which entails a different format of the behavior of prosecutors in forensic proceedings. The dual situation is critically assessed, when the prosecutor does not support the petition of the preliminary investigation authorities in court. The author analyzes the ways out of this situation, proposes to reformat the relationship of the prosecutor with the investigator, transferring the authority for procedural management of the inquiry from the prosecutor - the head of the inquiry unit. It will allow prosecutors to concentrate all the efforts on supervision of respecting the rule of law in pre-judicial criminal cases production, to change a role of the prosecutor in judicial and control procedures.