Анотація

The article is dedicated to the study of the prosecutor’s role in proving during the applying measures to ensure criminal proceedings. The issues of implementation of the law status of prosecutor in approval the motion of investigator to enforce measures to ensure criminal proceedings and the role of prosecutor in proving the necessity of enforcing these measures during the examination of the motion by investigative judge and court were studied in details.

It was emphasized the difference in law status of prosecutor in applying measures to ensure criminal proceedings according to the legislation of different countries.

The different scientific approaches in definition of the aspects of prosecutor’s role in applying measures to ensure criminal proceedings were analyzed.

It was proved that such circumstances as the: 1) the compliance of motion with the form and content that defined by CPC of Ukraine for every measure to ensure separately; 2) the availability of conditions and grounds for the enforcement of certain measure to ensure; 3) the availability of the adequate and admissible evidences that confirm the existence of actual circumstances that have significant meaning for the examination of motion to enforce measure to ensure criminal proceedings by investigative judge should be check out by prosecutor during the approval of the appropriate motion of investigator to investigative judge.

The peculiarities of prosecutor’s law status as a subject who carries the burden of proof were examined.

 The implementation of obligation to prove the possibility of enforcing less strict measure of restraint for preventing the risks specified in motion by prosecutor is considered as a perspective way of improvement of criminal procedural legislation.

Key words: prosecutor; investigator; measures to ensure criminal proceedings; measures of restraint; proving.