Сибирское юридическое обозрение (Jan 2023)
The Functions of the Prosecutor in the Criminal Process in the Context of the Constitutional Principle of Separation of Powers
Abstract
Based on a comprehensive analysis of the Constitution of the Russian Federation, the current criminal procedure legislation of the Russian Federation, the Federal Law “On the Prosecutor's Office of the Russian Federation” and the theoretical developments of specialists in the field of constitutional law, criminal procedure and prosecutorial supervision, and also taking into account the amendments to Article 129 of the Constitution of the Russian Federation, it can be argued that the institution of the prosecutor's participation in the criminal process has reached a new level of legal significance. The Author made an attempt to reveal the content and features of the human rights activities of the prosecutor in the criminal process from the point of view of the concept of separation of powers, to determine the place and role of the prosecutor in the system of relations between the bodies engaged in criminal procedure. According to the Author, the content of the powers of the prosecutor in the criminal process is a clear example of the reflection of the principle of subsidiarity of the branches of power. Implementing criminal prosecution in the criminal process, the prosecutor simultaneously performs a human rights function, since the legislator gives him the authority to identify and respond to violations of human and civil rights and freedoms while supervising the implementation of laws by the bodies of preliminary investigation, inquiry and operational-search activities at the pretrial stages, as well as when participating in court when considering criminal cases. The prosecutor, having the status of an independent body that is not part of the triune system of state power, acts as a guarantor of the implementation of the principle of proportional activity of all branches of state power. Thus, we can say that the implementation of the human rights activities of the prosecutor when considering criminal cases by the courts is a priority. The methodological basis of the study was made up of general scientific and particular scientific methods: analysis, synthesis, comparison, generalization, correlation, expert assessments.
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