The Supremacy of the Prosecutor in the Criminal Procedure-Legal Organization of Crime Counteraction

Abstract

Using historical-theoretical regularities as an important factor for the development of law, the author analyzes the position of the prosecutor in the current state-legal organization of crime counteraction, as well as in the criminal process system and pre-trial proceedings. Special attention is paid to new ideas regarding criminal law impact as a procedural derivative of the text of criminal law. The thesis of the necessity to strengthen the procedural legal status of the prosecutor and to remove the artificial separation between the prosecutorial and the investigative powers is proven. Bringing an indictment and proving it in pre-trial proceedings should be transferred to the jurisdiction of the party for the prosecution in the court proceedings, so that it could fully perform these functions at the trial stages and thus ensure just and fair law enforcement and criminal law impact on crime.