Powers of the prosecutor and assistant prosecutor

According to the law, the powers of the prosecutor are to supervise the observance of laws. Prosecutorial powers are divided into 3 groups:

- prevention of violations;

- detection of violations;

- elimination of violations.

The prosecutor should not be placed any obstacles to the exercise of supervisory powers, which are his professional duty. He is entitled to unimpeded access to the territory of bodies supervised by him at the right time, regardless of the access regime. To do this, it is enough for him to show his official identification.

The powers of the prosecutor give the right to request any documents that are required in order to identify violations of the law. It is not allowed to refuse to provide the prosecutor even those documents that contain commercial secrets. The duty of the prosecutor is to comply with the rules of non-disclosure provided by law when dealing with classified documents.

The powers of the prosecutor allow him to challenge legal acts that are not in accordance with the law, for which he is obliged to apply to the court to declare them invalid. When establishing the fact of violation of legislation by officials, the prosecutor may release unlawfully detainees if their detention was based on decisions made not by the court.

The prosecutor is a party to the criminal proceedings. The powers of the prosecutor in the criminal process differ at different stages.

At the stage of preliminary investigation and initiation of a criminal case, the powers of the prosecutor are the most wide and have the character of imperious-administrative ones. The prosecutor oversees the bodies involved in the preliminary investigation, the preliminary and operative-investigative work. It is his duty to monitor compliance with laws by these bodies.

The powers of the prosecutor at the pre-trial stage can be divided into four groups.

The prosecutor agrees to initiate an interrogation by the investigator on the election, modification or cancellation of the measure of restraint (house arrest, detention, dismissal, recording of negotiations, seizure of property, search of housing, personal search).

He gives written instructions and sanctions for the conduct of actions to the bodies involved in the inquiry and preliminary investigation, participates in the investigation, prolongs the preliminary investigation, solves other issues arising during the investigation.

Allows rejections and withdrawals of investigators, investigators, subordinate prosecutors. Suspends the investigators and investigators from the investigation, seizes the criminal cases from the investigator and passes them to the investigator, transfers cases from one body to another, with the obligatory justification for such changes.

Approves the indictment and sends the case to the court, returns the case to the investigator or investigator for pre-investigation, suspends and terminates the proceedings in the criminal case.

During the stage of the trial, the prosecutor is vested with other powers. He is a public prosecutor or official, who has the role to eliminate violations of the law.

The system of the prosecutor's office provides for the posts of a senior assistant to the prosecutor and an assistant prosecutor, who are subordinate to deputy prosecutors. The assistant is an independent person who can influence the actions within the process. He prepares procedural acts for signature by the prosecutor. The powers of the assistant public prosecutor allow him to undertake a number of procedural actions on his own, for example, to give the investigator of the supervised bodies written instructions on the questions of the investigation. The duties of an assistant do not include actions for which only the prosecutor and the deputy are authorized, for example, the authorization of a search, the seizure of documents, the placement in custody, placement in a psychiatric medical institution and others.