- Journal Issues
- № 3 2015 Evidence and proving in criminal procedure (part 1)
- Problems of criminalistics
- On the concept of tactics of public prosecution and her means
On the concept of tactics of public prosecution and her means
Review
On the basis of the analysis of views and provisions of the criminal code of Ukraine expressed in scientific literature, it was proposed by author a definition of tactics of state prosecution and was made a classification of its methods. Author paid a big attention to investigation of a definition of tactics of state prosecution. Taking into consideration that definition of «state prosecution» was not developed by scientists, author proposed identify it like a system of scientific provisions and developed on its basis practical recommendations concerning ways of optimization of prosecutor professional activity, which are used with the aim of persuade a court in legality and justifiability of accusation presented.
Author came to a conclusion, that realization of possibilities of tactic of state prosecution, realized through the system of its methods, to which relates tactical options, tactic combinations and tactic recommendations. As a basic element of tactic of state prosecution was identified tactic method, which should be deemed as optimal way of action in a process of communication, searching , discovery, fixation, extraction, usage of evidence with the aim of supporting of state prosecution in a court, execution of defence countermeasure in competitive court procedure.
Author proposed classification of tactical devices of state prosecution , the basis of which include following criteria: type of investigating action, during which tactical option is used by prosecutor, source of formation, character of situations which take place during the process of supporting of state prosecution, purpose of usage, assignment that needed to be solved.
Keywords: proving, criminal proceeding, criminalistics tactic, tactic devices, tactic of state prosecution.