PROSECUTORIAL OVERSIGHT OF THE LAWFULNESS OF DECISIONS BY PRE-TRIAL INVESTIGATION BODIES

Abstract

The article is devoted to the investigation of certain issues of the prosecutor’s professional activity in criminal proceedings, which are conditioned and closely related to the role of the prosecutor as a procedural leader in criminal proceedings. The practice of procedural guidance of the prosecutor at the initial stage of pre-trial investigation is analyzed. It is emphasized that the initial stage of pre-trial investigation is very important and the prosecutor plays a key role in it. The overall outcome often depends on the timely, reasonable and procedurally correct organization of the initiation of the pre-trial investigation. How eff ectively and qualitatively the criminal investigation will be opened and investigated, the areas of investigation properly chosen, the organizational-tactical and procedural methods and means, the necessary investigative (investigative) and unspoken investigative (investigative) actions depends on the performance of the main task of criminal justice – ensuring prompt, complete and impartial investigation and judicial review, in due course of due process. It is stated that during the pre-trial investigation the prosecutor pays special attention to conducting unspoken investigative (search) actions, to ensure observance of the rule of law, since most of these actions are directly related to interference with the private life of a person. It is reasonable to consider that, taking into account the well-established judicial and investigative practice, it is necessary to improve the procedure of conducting the NS(R)D, expanding the list of such actions in exceptional urgent cases.