AUTHORITY OF THE PROSECUTOR THROUGH THE PRISM OF THE APPLICATION OF MEASURES TO ENSURE CRIMINAL PROCEEDINGS

Abstract

In the article, the author analyzes the issues of the prosecutor's exercise of powers through the prism of applying measures to ensure criminal proceedings against a suspect or accused. It is established that the relevance of the research is due to the lack of comprehensive developments within the national legal doctrine on the specified issues. The author defines the purpose of the scientific research as a complete and comprehensive study of the exercise of the prosecutor's powers through the prism of applying measures to ensure criminal proceedings, including preventive measures. In order to achieve the corresponding goal, the author used both general scientific methods of cognition and special methods inherent in legal science. Generalization methods were used at the final stage of the research – during the formulation of conclusions. In the article, the author states that the powers of the prosecutor are differentiated in view of the possibility of independently applying measures to ensure criminal proceedings, establishing a procedural obligation to prove the need to apply measures to ensure criminal proceedings before the court, as well as exercising procedural control over compliance with the procedural obligations imposed on the accused by a preventive measure. The peculiarity of the independent application of measures to ensure criminal proceedings by the prosecutor, both in general and in special criminal proceedings, is analyzed. The peculiarities of the structure of proving before the court the need to apply a measure to ensure criminal proceedings against a person, as well as the implementation of the prosecutor's control powers over the applied preventive measure against the accused, are determined. The author determines that the implementation of all the above analyzed powers of the prosecutor in the aspect of applying measures to ensure criminal proceedings is closely related to the achievement of the objectives of criminal proceedings, as well as ensuring its effectiveness. Based on the results of the study, the author has formed conclusions that can serve as a basis for further scientific research in the field of the prosecutor's exercise of powers through the prism of the application of measures to ensure criminal proceedings.