ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

Search

SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Archive of Issues

Function of prosecutor in criminal proceedings relationship with detective

Pages: 152-165
Year: 2019
Location: Pravova Ednist Ltd

Review

The article deals with the powers and functions of the prosecutor's office in the criminal procedural legal relations between the investigator and the prosecutor. The role of the prosecutor's office in the modern democratic legal society in the protection and observance of human and civil rights and freedoms has been investigated. And consider changes to the Constitution of Ukraine in terms of "Justice" and their impact on criminal proceedings relationship between the investigator and prosecutor.

The purpose of the article is to study the functions and powers of the prosecutor in the context of changes to the Constitution of Ukraine in the part of "Justice". Analysis of the need for changes in the criminal procedural legislation of Ukraine in connection with the reform of the law-enforcement system.

The author defines the concepts: organization of pre-trial investigation, procedural guidance to pre-trial investigation and supervision of secret and other investigators and investigations of law enforcement agencies.

The functions and powers of the prosecutor's offices during the pre-trial investigation were disclosed. The attention was paid to the problems of the lack of independence of the investigator from the prosecutor. The tendencies of criminal procedural legislation concerning the legal relationship between investigator and prosecutor are considered.

The attention was paid to the procedural guidance provided by the specialized anti-corruption prosecutor's office and the military prosecutor's office. Attention was paid to the legal relationship between the prosecutor and the director of the National Anti-Corruption Bureau of Ukraine.

The issue of determining the conscientiousness of the prosecutor's offices and the prospects for the development of the institution for the determination of the prosecution by the prosecutor's offices was investigated.

The issue of the implementation of procedural guidance to the pre-trial investigation by the prosecutor is considered: under the conditions of conducting an antiterrorist operation, in the conditions of a martial law, in a state of emergency.

The attention was paid to the actual issues of legal relations between the prosecutor and the investigator during the arrest of property and its transfer to the National Agency for the Detection, Investigation and Management of Assets Received from Corruption and Other Crimes.

The question of the mechanism of bringing investigators to disciplinary responsibility by the prosecutor in cases of ineffective investigation is investigated.

The author focuses on the need to reform the criminal procedural legislation of Ukraine and bring it in line with the Constitution of Ukraine.

Key words: prosecutor's office, investigator, prosecutor's office, military prosecutor's office, special procedural administration, prosecutor's supervision, pre-trial investigation organization, criminal procedural legal relations, National Anti-Corruption Bureau of Ukraine, National Agency for the Detection, Investigation and Asset Management of Corruption and Other Crimes, Security Service of Ukraine. 

Submission