The Prosecutor's Demand to Eliminate Violations of Federal Legislation Committed During the Conduct of an Inquiry or Preliminary Investigation as a Guarantee of Strengthening the Rule of Law: Problems of Legal Regulation

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Abstract

Purpose of the study. The article deals with the problems of legal regulation of such an act of prosecutorial response as a requirement to eliminate violations of federal law committed when receiving, registering and resolving reports. The problems of the act of the prosecutor's response under consideration are due to the lack of a legislative mechanism for considering the prosecutor's demand in terms of determining the circle of subjects entitled to make demands, the circle of subjects in respect of which demands should be made, as well as the timing of consideration of the prosecutor's demand by the head of the body of inquiry, the head of the inquiry unit. Сonclusions. The author proposes to eliminate the shortcomings of legal regulation by fixing the concept, content, procedure, terms of consideration of the requirements of the prosecutor in a special article of the Federal Law «On the Prosecutor's Office of the Russian Federation» and in the norms of the Code of Criminal Procedure of the Russian Federation.

About the authors

Elena Ivanovna Shigurova

National Research Mordovia State University

Email: shigurova_elena@mail.ru
Cand.Sci.(Law), Associate Professor, Associate Professor of the Criminal Procedure, Justice and Prosecutorial Supervision Department of the Law Institute Saransk, Republic of Mordovia, Russian Federation

References

  1. On Amendments to the Code of Criminal Procedure of the Russian Federation and the Federal Law «On the Prosecutor’s Office of the Russian Federation»: Federal Law of 05.06.2007 №. 87-FZ // SZ RF. 2007. №. 24. Art. 2830.
  2. Shigurova E. I., Shigurov A. V. Disadvantages of legal regulation of the application of measures of procedural coercion in criminal proceedings // Humanitarian and political and legal research. 2020. №. 1 (8). P. 68.
  3. Kryukov V.F. The powers of the prosecutor in pre-trial proceedings in criminal cases: modernity and prospects // Journal of Russian law. 2007. № 10. P. 66.
  4. Kolomeets E.V. The requirement to eliminate violations of the law as an independent act of prosecutorial response in criminal pre-trial proceedings // Bulletin of the Omsk Law Academy. 2017. № 2. P. 66.
  5. On the organization of prosecutorial supervision over the procedural activities of the bodies of inquiry: Order of the Prosecutor General of Russia dated January 19, 2022 № 11. Access from the reference legal system «Consultant-Plus».
  6. Koval E.A., Fedoseev R.V., Shigurov A.V. Acts of public prosecutor's response. Workshop / Saransk. 2021. P.87.
  7. Krysin V.A., Shigurov A.V., Smolin A.G. Investigator (inquirer) in criminal proceedings. Textbook / Saransk. 2020. P.47.

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