Zayceva O.A. —
Forensic content of participation of the public prosecutor in preliminary hearing and judicial investigation
// Legal Studies. – 2021. – ¹ 1.
– P. 28 - 37.
DOI: 10.25136/2409-7136.2021.1.34900
URL: https://en.e-notabene.ru/lr/article_34900.html
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Abstract: The subject of this research is the activity of the public prosecutor in court hearing. Methodological framework for this article is comprised of the dialectical, logical, formal-legal, and hermeneutical methods. The normative base consists of the Constitution of the Russian Federation, criminal procedure legislation, and local normative acts that regulate participation of the prosecutors in the judicial stages of criminal proceedings. Attention is focused on the theoretical and applied questions of participation of the public prosecutor in preliminary hearing and judicial investigation. The article reviews opinions of the scholars on participation of the prosecutor in court hearing, as well as the specificity of the prosecutor's work at the stage of state prosecution in court. The author substantiates the importance of preparedness of the public prosecutor to state prosecution, including fundamental examination of all materials pertaining to a criminal case for successful prosecution in the court of first instance. The conclusion is made that the effectiveness of state prosecution depends on the quality of preparedness of the prosecutor to court proceedings, which alongside the appropriate order of investigation of evidence, sufficiency and coherence of evidence, allow the public prosecutor to make the closing arguments.
Zayceva O.A. —
Examination and subsequent evaluation of criminal case materials by the prosecuting attorney as the basis for effective organization of the judicial inquiry
// Law and Politics. – 2020. – ¹ 9.
– P. 249 - 261.
DOI: 10.7256/2454-0706.2020.9.43367
URL: https://en.e-notabene.ru/lamag/article_43367.html
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Abstract: The subject of this article is the activity of the prosecuting attorney in the maintenance of public prosecution. The research methodology includes dialectical, logical, formal-legal, and hermeneutical methods. The legal framework for this research is comprised of the Constitution of the Russian Federation, criminal procedure legislation, as well as local normative acts regulating the questions of participation of prosecutors in the judicial stages of criminal proceedings. Emphasis is made on the questions of theoretical and applied nature, related to consideration of criminal case materials by the prosecutor. The article explores the positions of scholars regarding prosecutor’s preparation for the legal proceedings, specificity of prosecutor's work at the stage of preparing for maintenance of state prosecution in court. The conclusion is formulated that the effectiveness of maintenance of prosecuting attorney depends on the level of his preparation to the legal proceedings, which includes examination of criminal case materials. The author highlights two key stages of preparation of the prosecutor to maintenance of public prosecution: examination and subsequent evaluation of criminal case materials; participation in the preliminary hearing and fundamental consideration of criminal case .The author believes that activity of the prosecutor is aimed at formation of inner conviction and maintenance of prosecution in court.