Theoretical Aspects of Public Prosecutor’s Supervision over the Execution of Laws by Bodies Conducting Inquiries

Abstract

This article is devoted to the study of public prosecutor's supervision over the procedural activity of the bodies of inquiry. The article analyzes the concept of public prosecutor's supervision, its subject, and the elements that make up the subject, the limits of public prosecutor's supervision over the procedural activity of the bodies of inquiry. Based on the study, the author provides her definition of public prosecutor's supervision of the procedural activity of the inquiry bodies as a type of activity of the prosecutor that is predetermined by the social purpose of the prosecutor's office. When examining reports on crimes and investigation of crimes, the prosecutor aims at identifying, eliminating and preventing violations of laws committed by inquiry bodies, bringing the perpetrators to the responsibility established by law, which he carries out using the powers established by law and legal means for their implementation. Based on the comparison of doctrinal definitions, it is determined that the subject of supervision can be understood as the legality of the procedural activity of the inquiry bodies that meet the purpose of criminal proceedings when examining reports of crimes and investigating criminal cases. With a view to an accurate and uniform approach to determining the subject of public prosecutor's supervision, the author proposes to edit paragraph 2 of Art. 1 and the title of Chapter 3 of the Law On Office of Prosecutor as follows: Public Prosecutor's Supervision of the Investigative and Procedural Activities of the Bodies of Internal Affairs and Justice. The article also mentions the expansion of the procedural independence of the head of the inquiry body (unit) due to the delegation of a number of the prosecutor's powers in pre-trial proceedings. These powers are: to permit the challenges made to the investigator, as well as his own withdrawal; to suspend the investigator from further investigation proceedings if he has failed to comply with the requirements of the Criminal Procedural Code of the Russian Federation; to issue orders on combining criminal cases; to exclude the right to give written instructions on the direction of investigation and the procedure from the powers of the prosecutor. At the same time, the author proposes to amend the Criminal Procedural Code of the Russian Federation, expanding, inter alia, the procedural independence of the prosecutor, authorizing him to issue a reasoned decision to initiate a criminal case and then transfer the materials of the criminal case to the investigating body or inquiry body for further investigation and rendering of the final law-based decision.