Prosecutor in pre-trial proceedings on criminal cases (comparative legal analysis of the legislation of European States and the legislation of Russia)

The purpose of this study is to identify the special role of the Prosecutor in pre-trial proceedings in a criminal case. Objectives of the study: a) to analyze the standards of the Prosecutor's activity in a criminal case, reflected in the documents of the Council of Europe; b) to determine the specifics of the legislation of a number of European countries and the Russian state, containing the rules and procedures for the Prosecutor's participation in pre-trial proceedings in a criminal case; с) show the positions that exist in the doctrine of criminal procedure law regarding the role of the Prosecutor at the pre-trial stages of the criminal process d) justify recommendations for further enhancing the role of the Prosecutor in pre-trial proceedings in a criminal case. The methodological basis of the research is the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods (historical-legal, comparative-legal, logical-legal, etc.). Conclusions: the Prosecutor must have full power to implement the accusatory function, both in court and during pre-trial proceedings. This common European legal standard, which is present in all developed criminal procedure procedures in continental Europe, is violated in Russia: where the Prosecutor's procedural rights to charge and form evidence are limited due to the principle of procedural independence of the investigator. The author believes that it is necessary to return to the common European legal standard of participation of the Prosecutor in the preliminary investigation of a criminal case.

Prosecutor, investigator, investigating judge, police, inquiry, criminal process