The genesis of the legal regulation of inspections by the prosecutor in the pretrial stages of criminal proceedings
The article investigates the genesis and development of the prosecutor's checks in the course of pre-trial proceedings in criminal cases under the laws of the Russian Empire. Through the analysis of the evolution of legal rules governing the activities of the prosecutor (from the creation of the post of Procurator-General prior to the formation of the judicial system on the basis of the Charter of the criminal proceedings in 1864, as well as in the post-revolutionary period and up to the modern period), can be traced binding powers of the Prosecutor to implement checks. It is concluded that in different historical periods of the order of the prosecutor's checks in the pre-trial proceedings is regulated to varying degrees. The methodological basis of the study is the dialectical method of cognition. Along with him in the course of the study used a systematic, comparative legal, logical-legal and historical research methods. The novelty lies in the complex historical and legal study of the content and implementation of the Prosecutor powers to conduct inspections in pretrial stages of the criminal proceedings under the laws of the Russian Empire. An analysis of the legal sources, comparing the scientific point of view of pre-revolutionary and contemporary authors concluded that since the first system to regulate the activities of the prosecutor and to date the prosecutor's supervision in pre-trial stages of the criminal process is carried out through the public prosecutor checks of law enforcement. The problem of that date, the applicable regulations of the prosecutor's checks are regulated sufficiently. Existing guidelines in the absence of clear legislative decisions regarding the order of the prosecutor's checks do not reach the goal. The disadvantages of legal regulation of the organization of checks at the pre-trial stages of criminal proceedings adversely affected in practice.