Forms of Participation and Powers of the Prosecutor at the Stage of Initiation of a Criminal Case


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Abstract

The article examines the problems of the role, functions and powers of the prosecutor at the stage of initiation of a criminal case. The procedural status of the prosecutor, as an official exercising the functions of supervision, criminal prosecution, coordination, heading the "prosecutorial authority", presupposes his ability to dispose of criminal prosecution, including launching it by initiating a criminal case, changing the vectors of criminal prosecution and abandoning it by terminating criminal prosecution or the entire criminal case. Based on the results of the analysis of the norms of criminal procedure legislation, possible forms of participation of the prosecutor in the stage of initiation of a criminal case are identified: among which are named: 1. As the initiator of criminal prosecution; 2. As a participant in criminal proceedings, carrying out operational prosecutor's supervision; 3. As an addressee for filing a complaint about the legality of the investigator's or inquirer's decision in accordance with Article 124 of the Code of Criminal Procedure; 4. As a participant in the process, in accordance with 125 of the Code of Criminal Procedure. The conclusion is substantiated that the powers available to the prosecutor are clearly not sufficient for the effective implementation of criminal prosecution.

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About the authors

Khusen Manaevich Lukozhev

Kuban State University

Email: lukogev@yandex.ru
Cand.Sci.(Law), Associate professor, associate professor of the criminal procedure Department Krasnodar, Russia

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