The Role of the Prosecutor in the System of Criminal Prosecution in Russia

  • Magomedgadzhi Yu YUSUPOV North-Caucasian Institute (branch) of the All-Russian State University of Justice (Russian Law Academy of the Ministry of Justice of the Russian Federation) Makhachkala
  • Bagavdin M. MAGOMEDOV Rostov Institute (branch) of the All-Russian State University of Justice (Russian Law Academy of the Ministry of Justice of the Russian Federation) Rostov
  • Bika B. DZHAMALOVA North Caucasian Institute (branch), All-Russian State University of Justice (RPA Russian Ministry of Justice) Makhachkala
  • Guseyn B. MAGOMEDOV North-Caucasian Institute (branch) of the All-Russian State University of Justice (Russian Law Academy of the Ministry of Justice of the Russian Federation) Makhachkala
  • Rasul M. AKUTAEV North Caucasian Institute (branch), All-Russian State University of Justice (RPA Russian Ministry of Justice) Makhachkala

Abstract

The urgency of the problem studied is caused by the need for further understanding of the constitutional and legal concept of the prosecutor's office, primarily in the context of its criminal prosecution function. The purpose of the paper is to formulate proposals for improving the legal status of the prosecutor in the criminal process of Russia in the current conditions of the ongoing search for the optimal model of the criminal process. The research was conducted using formal-logical, historical-legal, system-structural and comparative-legal methods, which allowed formulating proposals for improving the legal status of the prosecutor in the system of criminal prosecution. The paper substantiates the opinion that the weakening of the prosecutor's role in the criminal prosecution as a result of the 2007 reform destroys the conceptual basis of the criminal process that has been developed in the legal tradition of Russia and in the world practice and creates difficulties for the prosecutor in presenting and maintaining by him a state charge in the Court. Proposals have been formulated to expand the powers of the prosecutor in pre-trial criminal prosecution. The proposals expressed in the paper can be useful in the ongoing reform of the criminal process in Russia. The results of the research are of some interest to the faculty, post-graduates and students of law universities and faculties.

References

[1] Aleksandrov, A.S. 2017. Selected from a speech at parliamentary hearings in the Federation Council on the occasion of the 15th anniversary of the Code of Criminal Procedure of RF (Moscow, B. Dimitrovka, 26. December 20, 2016). Available at: http://www.iuaj.net/node/2143.
[2] Bagmet, A.M. 2013. On the elimination of dual power in criminal prosecution. Russian Justice 12 {Reference legal system ConsultantPlus},4/5
[3] Bagmet, A.M. 2014. Investigator-judge at the pre-trial stage. Russian Investigator, 14: 8-9.
[4] Bagmet, A.M., and Tsvetkov, Yu.A. 2015. Who is afraid of a strong consequence? The legal world, 2: 13-18.
[5] Bagmet, A.M., and Tsvetkov, Yu.A. 2016. Disclosure and investigation of crimes of past years is a priority project of the Investigative Committee of the Russian Federation. The Russian investigator 3 {Reference legal system ConsultantPlus}, 1-5.
[6] Bazhanov, S.V. 2009. Place and role of the Prosecutor's Office in the system of law enforcement agencies. Legality 6 {Reference legal system Consultant Plus}, 31-35.
[7] Bondar’, S.S, and Jagaryan, A.A. 2015. Constitutionalization of prosecutorial oversight in the Russian Federation: problems of theory and practice. Constitutional and municipal law 5. {Reference legal system Consultant Plus}, 10/20.
[8] Borulenkov, Yu.P. 2013. On some issues of reforming the bodies of criminal prosecution. Russian Investigator, 10: 6-11.
[9] Borulenkov, Yu.P. 2013. Place of the Prosecutor's Office in the system of criminal prosecution bodies. Criminal proceedings 2: 20-23.
[10] Bykov, V.M. 2016. The legal status of the prosecutor at the pre-trial stages of criminal proceedings, Russian Justice, 11: 30-34.
[11] Chaika, Yu.Ya. 2017. Interview to the TASS news agency. Available at: http://genproc.gov.ru/smi/interview_and_appearences/interview/1158961/
[12] Davydov, V.A. 2016. Interview to the editor-in-chief of the journal ‘Criminal trial’ I. Ramazanov. The criminal trial, 7: 6-12.
[13] Golovko, L.V. 2014. Archetypes of pre-trial proceedings, possible prospects for the development of domestic preliminary investigation. Criminal proceedings, 2: 9-15.
[14] Kazantsev, S.M. 1986. Changes in the system of prosecutor's supervision after the Judicial reform of 1864. Bulletin of Leningrad University, 1: 81 - 89.
[15] Muravyov, N.V. 1889. Prosecutor's supervision in its structure and activities. A manual for the prosecution service. Moscow: University printing house.
[16] Nikonov, M. 2017. Development of the criminal justice system; vectors, reform measures, the main players. Moscow: Center for Strategic Research.
[17] Poznyšev, S.V. 2016. An elementary textbook of the Russian criminal process. 2 nd edition. Moscow: Lenand.
[18] Shmoller, K. 2016. Criminal Justice Reform in Austria (preliminary findings). Article 1. From reform to reform. Criminal proceedings, 4: 45-47.
[19] Strogovich, M.S. 1957. On inquiry and preliminary investigation and on a single investigative apparatus. Socialist legality, 5: 22-25.
[20] Sugaipova, E.A. 2016 Change in the status of the prosecutor in the Russian legislation of the XIX - early XX century. Young Scientist, 7: 531-534.
[21] Tsvetkov, Yu.A. 2014. Crisis of social and legal identity of the investigator and prosecutor. Criminal proceedings 1: 14-20.
[22] Tsvetkov, Yu.A. 2014. The procedural independence of the investigator in the modern paradigm of pre-trial proceedings. The Russian investigator, 14 {Reference legal system Consultant Plus}, 1-5.
[23] Tsvetkov, Yu.A. 2015. Formation of investigative power in the post-Soviet space. The Russian investigator, 11 {Reference legal system Consultant Plus}, 9-12.
[24] Tsvetkov, Yu.A. 2015. Reorganization of the prosecutorial authorities: Pridnestrovsky experiment. Criminal proceedings, 1 {ATP Consultant Plus}, 1-5.
[25] Voskobitova, L.A. 2014. Prosecution or accusatory bias? Actual problems of Russian law, 3 {Reference legal system ConsultantPlus}, 3/8.
Published
2017-08-21
How to Cite
YUSUPOV, Magomedgadzhi Yu et al. The Role of the Prosecutor in the System of Criminal Prosecution in Russia. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 2, p. 679 - 688, aug. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/1348>. Date accessed: 22 dec. 2024.
Citation Formats
Issue
Vol 8 No 2 (2017): Volume VII, Issue 2(24), Spring 2017
Section
Articles

The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.