The Requirement to Eliminate Violations of the Law as an Independent Act of Prosecutorial Response in Criminal Pre-Trial Proceedings

Abstract

Based on the analysis of scientific provisions and criminal procedural legislation, the article concludes that the prosecutor exercises the power to demand the elimination of law violations committed by investigation bodies during pre-trial proceedings by using а separate act of response called a prosecutor’s demand. The Author formulates the signs of prosecutor’s demand, considers the discussed issues of its application in pre-trial proceedings, including the supervision of the procedural activities of the inquiry bodies, as well as its use at the stage of initiating a criminal case. It is proposed to supplement article 37 of the Criminal Procedure Code with the provisions regulating the grounds and procedure of using this act.

Keywords

• прокурор
• требование прокурора об устранении нарушений закона
• органы дознания и предварительного следствия
• уголовное досудебное производство
• prosecutor
• prosecutor’s demand to eliminate law violations
• inquiry bodies
• preliminary investigation
• pre-trial criminal proceedings