Classification of the Prosecutor’s Powers in Criminal Court
The authors analyze the legal status of the Prosecutor in accordance with the norms of the current domestic legislation on the Prosecutor’s office and the criminal procedure law, consider the scientific views of the main representatives of the Soviet and Russian legal criminal procedure doctrine. With the use of a systematic approach of scientific analysis, the authors identified such basic and optional procedural functions of the Prosecutor at the judicial stages of criminal proceedings, as the maintenance of public prosecution, prosecutorial supervision of compliance with the law by the participants of the court session in a criminal case, the restoration of legality. The procedural basis of the legal status of the Prosecutor in criminal proceedings, represented by this “triune” system of procedural functions of the Prosecutor in court, is highlighted. The procedural content and forms of implementation of these functions are disclosed. The discrepancy between the legislative and real legal status of the Prosecutor at the judicial stages of the criminal process is established. Among other things, the function of maintaining a civil claim is also optional, the author’s analysis of its procedural content is carried out, the justification is given, in connection with which this type of activity must be attributed to a separate procedural function of the Prosecutor. In addition, given the author’s interpretation of the concepts of “human rights activities”, “law enforcement”, “resolution of the criminal case”, “criminal prosecution”, highlighted the legal grounds, in connection with which these activities can not be attributed to the procedural functions of the subjects of the criminal process, including the Prosecutor. The authors made proposals to improve the legislative framework in relation to the legal status of the Prosecutor’s office at the judicial stages of criminal proceedings, as well as in the system of relations of public authorities.