Email this article Powers of the prosecutor during pretrial proceedings to protect the rights of victims of crimes
- Authors: Komarova L.R.1, Kolesov M.V.2
-
Affiliations:
- Russian Academy of National Economy and Public Administration under the President of the Russian Federation
- University of the Prosecutor of the Russian Federation
- Issue: Vol 7, No 3 (2020)
- Pages: 89-93
- Section: Criminal procedure
- URL: https://journals.rcsi.science/2410-7522/article/view/48507
- DOI: https://doi.org/10.17816/RJLS48507
- ID: 48507
Cite item
Open Access
Access granted
Subscription Access
Abstract
The article substantiates the need to change the criminal procedural legislation that regulates the powers of the prosecutor and the status of the victim and gives the prosecutor the right to initiate a criminal case. The proposed changes in the procedural powers of the prosecutor are also considered through the prism of organizing the activities of law enforcement agencies and the impact of statistical reporting indicators on their activities. The experience of prosecutorial and investigative practices and the opinion of distinguished domestic legal scholars are analyzed. The changes proposed by the authors could have a significant positive impact on the work of preliminary investigation bodies and reduce the number of violations committed during preliminary investigation stages. In addition, bringing the status of the prosecutor and the preliminary investigation bodies into a logical procedural position could eliminate unnecessary and inherently harmful corporate competition.
Keywords
Full Text
##article.viewOnOriginalSite##About the authors
Lilia R. Komarova
Russian Academy of National Economy and Public Administration under the President of the Russian Federation
Email: kliliar@mail.ru
Candidate of Legal Sciences, Associate Professor of the Department of Foundations of Law Enforcement Activity at the Institute of Law and National Security
Russian FederationMikhail V. Kolesov
University of the Prosecutor of the Russian Federation
Author for correspondence.
Email: kolesov.mv@yandex.ru
Candidate of Law, Professor, Department of Organizational and Analytical Support of Activities and Management in the Prosecutor's Office
Russian FederationReferences
- Arshibekova M.T. and al. The rights and legitimate interests of the victim: general and specific in regulatory support. Actual problems of ensuring the rights of participants in criminal proceedings: monograph. Moscow: Prospect, 2018. P. 17. (In Russ.).
- Yani P.S. Ensuring the rights of the victim in criminal proceedings: author. dis. ... сand. jurid. sciences. Moscow, 1995. P. 7. (In Russ.).
- Kolesov M.V. Prosecutor's supervision over the execution of laws in the investigation of malfeasance related to the concealment of crimes from the register. Abstract dis. ... cand. of legal sciences / Acad. Gener. the prosecutor's office of the Russian Federation. Moscow, 2015. (In Russ.).
- Abdul-Kadyrov Sh.M. Functions and powers of the prosecutor at the stage of initiating a criminal case. Legality. 2012;(9):12-15. (In Russ.).
- Kornukov V.M., Lazarev V.A., Holodenko V.D. Initiation of a criminal case in the system of criminal procedure. Saratov, 2002. P. 38-39. (In Russ.).
- Teterina T.V. Problems of ensuring property, other rights and legitimate interests of the victim in the criminal process: author. dis. ... cand. jurid. sciences. N. Novgorod, 2004. P. 8, 12. (In Russ.).
