The concept, content, and types of procedural decisions taken by the prosecutor in pre-trial proceedings

Abstract

The article is devoted to the implementation of the powers of the prosecutor in criminal proceedings, which are directly reflected in procedural decisions. The main content of the article is an analysis of the concept of procedural decisions of the prosecutor, which are an important part of the criminal procedure activity, designed to respond to the appointment of criminal proceedings in general: the protection of the rights and legitimate interests of individuals and organizations that have suffered from crimes; protection of a person from an unlawful and unfounded charge, conviction, restriction of its rights and freedoms. The constant change in the powers of the prosecutor, including in the sphere of criminal proceedings, becomes the subject of discussions about the nature of both the powers themselves and their external expression in the form of decisions, their place in the system of legal means of the prosecutor, as well as to what types of response acts prosecutor attribute them, which only emphasizes the relevance of the issue under consideration. The decisions of the prosecutor in criminal proceedings fall into the category of criminal procedural decisions, which are predetermined by his functions in the criminal process. In attempting to determine the essence of the decisions of the prosecutor, in this article, taking into account the legal and linguistic analysis, the idea that the decision is an act of the realization of the granted rights and the performance of the assigned duties of an official is substantiated. Being accepted by one person (for example, by the prosecutor), it obliges other persons (for example, the inquirer) to take certain actions or grants the right to appeal this decision, thereby suspending its execution. The decisions taken by the prosecutor in pre-trial proceedings include not only the acts of the prosecutor's response indicated in the Federal Law “On the Prosecutor's Office of the Russian Federation”, as well as those arising directly of the norms of the Code of Criminal Procedure.