Reference:
Morozov K.O..
Acts of prosecutorial response used in the supervision of the investigation
// Police and Investigative Activity.
2024. № 3.
P. 1-12.
DOI: 10.7256/2409-7810.2024.3.72035 EDN: VQCCQP URL: https://en.nbpublish.com/library_read_article.php?id=72035
Abstract:
The subject of the study is the acts of prosecutorial response in the supervision of the legality of the preliminary investigation in the form of an inquiry. The purpose of the study is to analyze the measures of the prosecutor's response used by the prosecutor in overseeing the legality of the investigation, the opinions of scientists and practitioners on the issues under consideration and to propose their own ways to solve the identified problems. To achieve this goal, the author of the study analyzes the reasons for the increased attention to the procedural activities of interrogators. The author pays special attention to the acts of prosecutorial response to illegal actions of supervised subjects. In the course of his research, the author uses dialectical, logical, systemic, functional and formal legal methods. As a result of the conducted research, the author comes to the conclusion that the inquiry was introduced by the federal legislator as a simplified form of crime investigation. The requirements for interrogators allow for the appointment of persons who do not have higher legal education, which, together with the general low professional training of employees, is a determinant factor in the admission of violations. Direct managers often do not formally respond to violations committed by the investigator, and therefore the active participation of the supervising prosecutor remains the only guarantor of legality. The supervising prosecutor has a range of acts of prosecutorial response: from mild to more severe, which allows a flexible approach to the choice of ways to respond to violations. The author of the study proposed to consolidate the right of an inquirer to appeal, with the consent of his supervisor, to a higher prosecutor with a complaint about the demands made to him.
Keywords:
legality, measure of prosecutorial response, act of prosecutorial response, preliminary investigation, prosecutor's decision, written instruction, prosecutor's demand, interrogator, inquiry, Prosecutor's supervision
Reference:
Grishkovets A.A..
Legal and organizational problems of work of the Public Council under the Ministry of Internal Affairs of the Russian Federation
// Police and Investigative Activity.
2015. № 2.
P. 87-117.
DOI: 10.7256/2409-7810.2015.2.14251 URL: https://en.nbpublish.com/library_read_article.php?id=14251
Abstract:
The subject of the article covers the legal and organizational problems of public control in the system of the Ministry of Internal Affairs. The author draws attention to the forms and methods of this type of control. On the base of the analysis the author formulates the proposals about the improvement of control mechanisms in the Ministry of Internal Affairs of Russia. The article notes that public council should not become a kind of an elitist "closed club" of public figures close to the Ministry and its head. Judging by the practice of the previous years, such a risk exists. It is essential for every member of the public council to work actively and productively within the competence established for the Public Council.The methodology of the research is based on the modern achievements of epistemology. The study uses the theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods and techniques used in empirical sociological studies (statistics, expert assessments, etc.). .The article concludes that the main emphasis in the development of social groups in the area of public order protection is now made on the creation of public councils under the public bodies and, most importantly, the filling of their activities with a real content. It is proved that it is not enough to create an appropriate public council, it is necessary for it to have an opportunity to unfluence the decision-making process, including personnel policy.
Keywords:
employee, Ministry of Internal Affairs, council, public, society, control, police, lawfulness, law and order, instrument
Reference:
Vinokurov A.Y..
Prosecutor supervision over compliance with laws by the police: object and limitations to competence.
// Police and Investigative Activity.
2013. № 3.
P. 24-44.
DOI: 10.7256/2306-4218.2013.3.8913 URL: https://en.nbpublish.com/library_read_article.php?id=8913
Abstract:
In this article the author analyzes the specific features of prosecutor supervision over the implementation of laws by the police, formulating object and limitations of supervision in this sphere, defining this type of activity as an inter-branch direction of supervisory activities of the prosecutors. Taking into account the varied character of the prosecution system of the Russian Federation attention is paid to the issues of distinguishing competence of territorial prosecutors and prosecutors of specialized prosecution offices in organization and implementation of supervision over compliance with laws by the police. Within the framework of prosecutor supervision there is an independent branch - supervision over protection of basic rights and freedoms of an individual and citizen. It is pointed out that supervision over compliance with the law by the police within the framework of its main spheres of competence is a complex activity, which is united by the objects of prosecution supervision in several divisions. It is concluded that the supervision over the compliance with the laws by the police is a complex direction of prosecutor supervision, which is aimed at guaranteeing lawfulness in the process of performance of its functions by the police within the main spheres of its competence.
Keywords:
prosecutor, prosecution bodies, prosecutor supervision, object of supervision, police, activities, law, Federal Law, Investigation Committee, the Russian Federation