On the issue of legislative regulation of prosecutorial response measures to identified violations of the criminal procedural legislation by the bodies of preliminary investigation

Abstract

Background. Violations of the law by the preliminary investigation bodies are detected by the prosecutor when he conducts inspections of the implementation of the law, which are the main form of supervision by the prosecutor at the pre-trial stages of criminal proceedings. The result of such checks, as a rule, is the adoption by the prosecutor of a cer-tain decision, which is commonly referred to as acts of prosecutorial response. However, the legislator has not clearly defined a list of acts of prosecutorial response to detected vio-lations of criminal procedure legislation. The purpose of the work is based on the analysis of the current legislation and the practice of its application to consider the measures of prosecutorial response used in pre-trial criminal proceedings, as well as to make proposals for improving legislative regulation. Materials and methods. The article used normative legal acts and scientific works on the problem under study, official statistical data on the number of offenses at the pre-trial stages of the criminal process. The methodological basis was the universal dialectical method of cognition. Also, during the preparation of the artic-le, the following methods were implemented: logical, formal-legal, statistical, and the study of practice. Results. The analysis of official statistical indicators on the activities of the prosecutorʼs office has been carried out, the features of the acts of the prosecutorʼs response issued following the results of the prosecutorʼs checks on detected violations of the law by the preliminary investigation bodies have been studied. Conclusions. Based on the results obtained, proposals have been made aimed at improving the efficiency of the activities of the prosecutorʼs office and the preliminary investigation bodies in this area.

Keywords

• detection of violations
• acts of prosecutorial response
• preliminary investigation bodies
• criminal proceedings
• pre-trial proceedings
• inquiry
• investigation
• prosecution bodies