THE PROSECUTOR AS GUARANTOR OF THE LEGALITY AND HUMAN RIGHTS IN PRELIMINARY INVESTIGATIONS

Abstract

This article examines the prosecutor’s procedural guidance as a means of ensuring compliance with the law during the pre-trial investigation. It is argued that the current model of the prosecutor’s participation in criminal proceedings involves a combination of supervisory and organisational-administrative activities, which are carried out exclusively through procedural means. It is established that procedural supervision is aimed at ensuring the legality of the actions of pre-trial investigation authorities, as well as at protecting the rights and freedoms of participants in criminal proceedings. At the same time, the prosecutor’s activities are continuous in nature and cover all stages of the pre-trial investigation.
The content of the prosecutor’s powers is revealed, in particular regarding the issuance of written instructions, the overturning of unlawful and unfounded decisions by the investigator, the approval of applications for the application of procedural coercive measures, and appeals to the investigating judge. It is argued that the exercise of these powers ensures that procedural decisions are reviewed for their validity, that there is sufficient evidence, and that any interference with a person’s rights complies with the principle of proportionality. Particular attention is paid to the role of the prosecutor in the procedure for initiating measures of procedural coercion, where the prosecutor’s approval is a necessary procedural prerequisite for applying to the court. At the same time, such approval must entail not merely a formal endorsement, but a substantive assessment of the grounds and appropriateness of the relevant procedural decision.
It has been established that the prosecutor’s role is not limited to the stage of approving procedural documents, but also encompasses monitoring the lawfulness of the enforcement of court decisions and the observance of individual rights during the actual implementation of procedural coercive measures. It has been established that the prosecutor ensures both preliminary and subsequent verification of the legality of restrictions on human rights and freedoms. It has been concluded that the effectiveness of procedural supervision is determined not by the formal approval of procedural decisions, but by the thoroughness and soundness of their verification, which is of decisive importance for ensuring the legality of the pre-trial investigation.