The power of the prosecutor in pre-trial proceedings under the criminal procedure code of Vietnam 2015

Abstract

The article presents the results of a study of the procedural powers of the prosecutor of the Socialist Republic of Vietnam in pre-trial proceedings in a criminal case. If there are some common features with the supervisory competence of the prosecutor in modern Russia, which is historically due to the influence of the legislation of the USSR and the RSFSR on the formation and development of the criminal procedure legislation of Vietnam, it should be noted that there are significant differences in the current status of the prosecutor of the SRV, especially in the totality and content of its powers. Taking into account the close «kinship» of the criminal procedure legislation of the Socialist Republic of Vietnam (SRV) and the Russian Federation, it makes sense to conduct a comparative legal study to establish current trends in their mutual development. The purpose of the study is to optimize the procedural status of the prosecutor of the SRV in the field of supervision of legality in pre-trial proceedings in criminal cases based on the experience of regulating the same status by the Russian legislator. The objectives of the study are: to study the Russian and Vietnamese experience in regulating the procedural status of the prosecutor in the field of ensuring the legality of the preliminary investigation; to conduct a comparative analysis of Russian and Vietnamese legislation; to identify problematic aspects in regulating the procedural status of the prosecutor of the SRV; to study the practical experience of prosecutorial supervision; to study the problem of improving the effectiveness of the prosecutor's performance of a number of procedural actions; to develop proposals for optimizing his procedural status. The research methods are: dialectical, historical, analytical (logical, formal-legal, comparative-legal, system-functional), generalization. Among the main results obtained: - identification of circumstances that indicate the continuation of the trend towards the traditional, historically determined continuity of the formation of the content of the criminal procedure legislation of the SRV and the Russian Federation in terms of regulating the powers of the prosecutor; – the legislation of the SRV in this part of the regulation is subject to the same problems as the Russian legislation, namely, the duality of the legal nature of the prosecutor's powers to supervise the legality of pre – trial proceedings in criminal cases; at the same time, the imperative of the relationship between the investigator and the prosecutor in the SRV seems to be more acceptable than the optional nature in Russian criminal proceedings; – we regard as a significant advantage of the prosecutor of the SRV over his Russian colleagues, his right to conduct investigative actions, which give him the opportunity to personally participate in the preliminary investigation, directly receive the necessary information in sufficient volume, which allows him to make more balanced procedural decisions; - the regulation of the procedural position of the prosecutor of the SRV should be reoriented from the imperative to the dispositive method, which will allow the prosecutor to more freely dispose of the procedural powers belonging to him.