检察官在行使检察监督调查机构的刑事诉讼活动的权力的概念

D. Emelyanova, K. Sinkin
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引用次数: 0

摘要

该条讨论了检察官在对调查机构的刑事诉讼活动行使检察监督时的权力概念问题。作者得出了以下结论。检察官在刑事诉讼中的权力是刑事诉讼规范规定的一套权利和义务,旨在履行其在刑事诉讼中的职能,以实现其任命。从本质上讲,这些权力是作为公共权力机关的检察官意志的一种表现形式。“检察官权力”概念的一个重要特征是,它只能在具有约束力的法律或其他规范性法律行为中加以界定和确立。在专门文献中,检察官的权力和法律手段的概念往往被解释为等同的。在作者看来,识别这些概念是错误的。这些权力代表了法律规定的检察官的权利。事实上,这些都是法律规定的检察官的可能性。检察官的权力比法律手段更广泛,因为它们涵盖了更广泛的检察活动。最后,作者界定了检察官在监督调查机构的刑事诉讼活动方面的权力,这被理解为旨在履行其刑事诉讼职能以实现其任命的刑事诉讼规范所规定的他的权利和义务的总和
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE CONCEPT OF THE POWERS OF THE PROSECUTOR IN THE EXERCISE OF PROSECUTORIAL SUPERVISION OF THE CRIMINAL PROCEDURAL ACTIVITIES OF THE BODIES OF INQUIRY
The article deals with the issues of the concept of the powers of the prosecutor in the exercise ofprosecutorial supervision of the criminal procedural activities of the bodies of inquiry. The authors havecome to the following conclusions. The powers of a prosecutor in criminal proceedings are a set of his rightsand obligations provided for by criminal procedural norms aimed at implementing his functions in criminalproceedings in order to achieve his appointment. In essence the powers are a form of expression of the willof the prosecutor as a public authority. An important feature of the concept of «prosecutor’s authority» is thatit can be defined and established only in a law or other normative legal act that has binding force. Often in the special literature the concepts of powers and legal means of the prosecutor are interpreted as equivalent.In the opinion of the authors it is wrong to identify these concepts. The powers represent the rights of theprosecutor provided for by law. In fact these are the possibilities of the prosecutor regulated by law. Thepowers of the prosecutor are broader than legal means since they cover a larger range of prosecutorialactivities. As a final conclusion the authors define the powers of the prosecutor in the supervision of thecriminal procedural activities of the bodies of inquiry which is understood as the totality of his rights andobligations provided for by criminal procedural norms aimed at the implementation of his functions incriminal proceedings in order to achieve his appointment
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