ПОЛНОМОЧИЯ ПРОКУРОРА ПО НАДЗОРУ ЗА ПРОЦЕССУАЛЬНОЙ ДЕЯТЕЛЬНОСТЬЮ ОРГАНОВ ПРЕДВАРИТЕЛЬНОГО СЛЕДСТВИЯ И ДОЗНАНИЯ НА СТАДИИ ВОЗБУЖДЕНИЯ УГОЛОВНОГО ДЕЛА

Abstract

The Prosecutor at stage of criminal case initiation is also the official who, on behalf of the state shall exercise supervision over the procedural activities of bodies of preliminary investigation and inquiry. As such, the Prosecutor primarily responsible for controlling the execution of the requirements of the Federal law in admission, registration and resolution of communications on crimes In addition, the Prosecutor supervises the legality and validity of decisions about excitation of criminal case and about refusal in initiation of legal proceedings taken by bodies of inquiry and preliminary investigation. Analyzing powers (and practice) of the Prosecutor for supervision over the procedural activities of the bodies of inquiry and preliminary investigation stage of criminal case initiation, we note the imperfection of the existing criminal procedure law regulating the rights of the Prosecutor to cancel illegal or unfounded decisions of the investigator and the investigator about refusal in excitation of criminal case and on the criminal case and demand the removal of the violations of the law. It seems necessary to introduce relevant amendments to the existing criminal procedure law in order to make acts of prosecutorial response (regulations, requirements) acts of direct action, which are binding and precluding the possibility of appeal and of failure.