2023 Issue №1

The analysis of the procedural position of the prosecutor at the current stage of initiating a criminal case, the legal regulation of which has undergone significant changes, has been carried out. The participation of the prosecutor in the stage of initiating a criminal case is limited by the lack of his rights to prove, independent decision-making at this stage. As a result of the implementation of the concept of the procedural independence of the preliminary investigation body, the prosecutor is currently suspended by law from direct participation in the first stage of the criminal process. This situation does not correspond to the leading role of the prosecutor in combating crime and ensuring the rule of law. From the concept of the accusatory power of the state, headed by the prosecutor's office, the thesis is developed about the need to expand the rights of the prosecutor at this stage of the criminal process. Concrete measures are proposed to turn the prosecutor into a leading participant in the stage of initiating a criminal case and to transform prosecutorial supervision into a means of procedural management of the preliminary investigation bodies. It is substantiated that the optimization of the stage of initiating a criminal case is possible only according to the model of the supremacy of the prosecutor in pre-trial proceedings.

The relevance of the study of proceedings in the court of first instance is determined by the need to build its model in the conditions of public and adversarial criminal proceedings, the purpose of which is to protect human rights. The criminal procedural norms regulating the resolution of a criminal legal dispute need to be systematized in order to apply them most effectively. Dialectical, axiological, synergetic research methods were used, as well as the theory of social action. Methods of information analysis and synthesis, comparative legal and formal legal research methods were used. The empirical basis of the study was an analysis of the legislation of the Russian Federation regulating the activities of the court of first instance, data from the Judicial Department at the Supreme Court of the Russian Federation. The results of the study allow us to determine the purpose, objectives of the proceedings in the court of first instance, its place among other proceedings to build its effective model.