On the functional delimitation of the powers of the prosecutor in criminal proceedings

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Abstract

The paper studies the functional delimitation of the powers of the prosecutor in criminal proceedings, including supervision over preliminary investigation bodies, criminal prosecution (formation and maintenance of public prosecution), and defense of human rights. The problem lies in the blurring of the boundaries of these functions, insufficient legal certainty and the presence of contradictory doctrinal approaches. The author carried out an analysis of the current legislation, scientific concepts and law enforcement practice in order to identify special aspects of the division of the powers of the prosecutor. It has been found that supervision over preliminary investigation bodies is the exclusive competence of the prosecutor, which excludes the possibility of its delegation. Criminal prosecution, on the contrary, is an independent area of ​​activity, within the framework of which the prosecutor initiates prosecution, approves indictments, acts, resolutions and supports public prosecution in court. The study pays special attention to the human rights function of the prosecutor, which includes control over compliance with the constitutional rights of citizens and the protection of public interests. Based on the analysis, the author proposes amendments to Art. 37 of the Criminal Procedure Code of the Russian Federation aimed at eliminating legal gaps, strengthening prosecutor’s supervision and clearly delimiting its powers. The results of the study can be used to improve legislation, as well as in the development of scientific approaches to regulating the activities of the prosecutor’s office in criminal proceedings.

About the authors

Kristina A. Korchagina

Togliatti State University

Author for correspondence.
Email: kris.alexandrovna1992@yandex.ru
ORCID iD: 0000-0001-8770-1173

senior lecturer of Chair “Criminal Law and Procedure”

Russian Federation, 445020, Togliatti, Belorusskaya Street, 14

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