Хашев Д.Н.

103 уч. взвод

Уфимский ЮИ МВД России

Human rights function of the Prosecutor

in criminal proceedings

Criminal procedural activities of the Prosecutor is multifaceted and has its own distinctive features. This is because the criminal procedure legislation sets forth the procedural status of a Prosecutor in such a way that from a theoretical point of view is very difficult to determine the nature of its activities, the contents and directions of implementation.

In scientific literature the question about the activities of the Prosecutor is debatable and is understood ambiguously. So, according to A. A. Tusheva, "activities of a Prosecutor – is the stage of criminal proceedings. In this case, the activities of the Prosecutor are also oversight bodies that conduct operative-investigative activities, supervision over execution of laws by bailiffs"[ 1 ]. The public prosecutor, carrying out their activities in certain areas of the law, performs a specific function. For this reason, activities of the public prosecutor determined the functions carried out by it.

So, according to V. M. Savitsky "functions of the prosecutor are: investigation, accusation, protection, permission of business and supervision" [2]. Larin A. M. specified functions of supervision, a research of the facts of the case, criminal prosecution, providing the rights and legitimate interests of the persons participating in case, upholding of interests which were violated by a crime. [3] In turn, O. A. Kozhevnikov considers powers of the prosecutor only in relation to his supervising function [4] and in some education guidances the prosecutor is considered as the official performing supervising activities, a procedural management, proof [5].

Reforming of institute of participation of the prosecutor in criminal procedure essentially was reflected in amount of its powers. The vast majority of scientists agree that "at the prosecutor the power was reduced, and bodies have investigations and vessels increased" [6]. Owing to this fact, it is possible to draw a conclusion that underwent to transformations and function of the prosecutor as the participant of criminal procedure.

According to the p. 2 of Art. 1 of the Federal law of 17.01.1992 N 2202-1 "About prosecutor's office of the Russian Federation" for the purpose of ensuring rule of law, unity and strengthening of legality, protection of the rights and freedoms of the person and the citizen, and also protected by the law of interests of society and state prosecutor's office of the Russian Federation exercises supervision of performance of laws by the bodies performing operational search activities, inquiry and pretrial investigation [7].

The most important implementer of human rights function by the prosecutor in criminal procedure is the power conferred to it by the legislator to consider claims to action / failure to act and proceeding decisions to action / failure to act of the investigating officer / investigator and head of investigating body. At the same time it should be noted that also the head of investigating body is given this authority.

The order of consideration by the prosecutor of claims on action / failure to act and proceeding decisions of the investigator differs from the procedure of consideration of claims on action / failure to act and proceeding decisions of the investigating officer. So, in the presence of good causes for a grievance settlement, the prosecutor shall repeal the illegal or unreasonable resolution of the investigator or instruct in the termination of illegal actions / failure to act and recovery of the violated applicant's rights.

In this article some aspects of implementation of human rights function by the prosecutor in criminal procedure were researched. As a result of the conducted research it is possible to draw the following conclusions.

Human rights function of the prosecutor is implemented by implementation of powers by the last in case of supervision of legality in criminal trial.

Despite the undertaken reform of institute of participation of the prosecutor in criminal procedure, implementation of human rights function by the prosecutor is limited to amount of the powers conferred to it. At the same time competences of the prosecutor in criminal trial need further enhancement.

LITERATURE

1. The federal law of 05.06.2007 N 87-FZ "About modification of the Code of penal procedure of the Russian Federation and the Federal law "About Prosecutor's Office of the Russian Federation", of an edition of 22.12.2014//the Collection of the legislation of the Russian Federation, 11.06.2007, N 24, Art. 2830;

2. The federal law of 06.06.2007 N 90-FZ "About modification of the Code of penal procedure of the Russian Federation"//the Collection of the legislation of the Russian Federation, 11.06.2007, N 24, Art. 2833;

3. Azarov V. A. Problems of the theory and practice of protection of valuable interests of the personality in criminal trial. – Omsk, 1995;

4. Boltoshev E. D. Functions of the prosecutor in pre-judicial stages of criminal procedure: Dis.... edging. юрид. sciences. – Moscow, 2002;

5. O. A skinners Participation of the prosecutor in pre-judicial station of criminal trial. – M, 2011;

6. Larin A. M. Investigation on criminal case: procedural functions. – M, 1986;

7. Millers N. V. Public prosecutor's power//State and right. – 2002. – No. 2.