Bobrenev V.A. —
Challenging the Prosecutor's Caution Against Violation of Law and Bringing Perpetrators to Administrative Responsibility for Non-Performance of the Caution
// Administrative and municipal law. – 2018. – ¹ 7.
– P. 10 - 14.
DOI: 10.7256/2454-0595.2018.7.27251
URL: https://en.e-notabene.ru/ammag/article_27251.html
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Abstract: In his research Bobrenev raises a question about challenging the prosecutor's caution against violation of law and bringing perpetrators to administrative responsibility for non-performance of the caution. The author of the research describes the balance between the single viewpoint of prosecutors that the prosecutor's caution does not create legal consequences for an individual who receives the caution, and practical realization of their position in law enforcement practice. The research has covered the provisions of the Federal Law on Public Prosecutor Office of the Russian Federation, legal acts of the General Prosecutor Office, judicial decisions and academic literature on the matter. The methodological basis of the research has involved general research methods such as analysis, synthesis, induction, and formal logic as a special research method. The author of the article concludes that in accordance with scientific achievements and applicable legislation, the practice of challenging the prosecutor's caution and bringing perpetrators to administrative responsibility for non-performance of the caution should be changed. According to the author, in both cases a proceeding cannot be started and if started, such a proceeding should be stopped as it either violates the rights, freedoms and legal interests of an administrative complainant (Clause 3 of Part 1 of Article 128 and Part 3 of Article 194 of the Administrative Procedure Code) or there is no corpus delicti of an administrative offence (Clause 2 of Part 1 of Article 24.5 of the Administrative Procedure Code of the Russian Federation).
Bobrenev V.A. —
Organization of prosecutorial supervision of legality and justification of refusals to institute a criminal case
// Law and Politics. – 2017. – ¹ 10.
– P. 13 - 19.
DOI: 10.7256/2454-0706.2017.10.24286
URL: https://en.e-notabene.ru/lpmag/article_24286.html
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Abstract: This article is dedicated to the questions of organization of prosecutorial supervision of legality and justification of the decisions issued by the preliminary investigation bodies on refusals to institute a criminal case. The author reveals the procedural aspects of organization of prosecutorial[WU1] oversight is this section of pre-trial proceedings, as well as the forms of interaction between the prosecutor’s office and bodies of inquiry and preliminary investigation. The subject of this research is the norms of the Criminal Procedural Code of the Russian Federation, statistical data of the Prosecutor General's Office of the Russian Federation, court rulings, as well as scientific literature on this matter. The author notes a significant amount of cancelled by a prosecutor decrees on the refusal to initiate a criminal case alongside the common cases associated with the repeated cancellation by a prosecutor of the decrees on refusal to initiate a criminal case adopted based on the materials of inspecting the same claim, which testifies to the low quality of the investigative work. Due to this, for the purpose of remedying the situation, the author provides specific suggestions of procedural and organizational legal character.
[WU1]
Bobrenev V.A. —
About the Balance Between Functions and Directions of Prosecution Service in the Russian Federation
// Police and Investigative Activity. – 2017. – ¹ 4.
– P. 1 - 8.
DOI: 10.25136/2409-7810.2017.4.24381
URL: https://en.e-notabene.ru/pm/article_24381.html
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Abstract: The article is devoted to the issues of the balance between functions and directions of prosecution service in the Russian Federation. The author systematizes positions on the matter presented in the theory of prosecution science. Bobrenev also describes reasons of its existence, shares his own point of view on the matter and offer a list of functions and directions of prosecution activity in the Russian Federation. The subject of the research is the provisions of the Federal Law 'On Office of Public Prosecution', legal acts of the General Prosecutor's office and academic literature on the matter. The methodology of the research involves general research methods such as analysis, synthesis, induction, and special research methods (formal logical and historical law methods). The author of the article concludes that we can actually talk about functions and directions of prosecution service as part of the applicable legislation system, provided that there are not identical terms. Prosecutor's functions are fiexed in federal laws that define the general mission, purposes and objectives of prosecutor's activity. Directions of prosecution activity is a component of a function that is characterised with a certain subject matter, tasks, powers and legal means as well as form of organisation.