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pp. 7857-7867 | Article Number: ijese.2016.553
Published Online: September 30, 2016
Abstract
The relevance of the study to the problem of determining the place of prosecutors in the system of state bodies carrying out criminal prosecution, is determined, firstly, by the ongoing scientific debates and lack of consensus about the nature of the Prosecutor's office, the place and role of prosecutorial supervision in the structure of the system of state activities, and secondly, reform of the judicial system in Russia determined the structural changes in the public administration system and structure of state bodies carrying out criminal prosecution. The purpose of this article is to develop the functional-legal approach that defines the place of the Prosecutor's office in the system of state bodies carrying out criminal prosecution in Russia. The leading method to study the problem is the deductive method, allowing studying the activities of the Prosecutor's office for criminal prosecution. A leading method underlying the solution to the problem is to study the legal foundations of judicial reform and to transfer its legal mechanisms to functionally-legal development of the prosecution’s power. The paper shows that the problem of determining the functions of the Prosecutor is theoretically unsolved. The practical significance of the results obtained lies in the fact that the vesting of certain provisions concerning the organization and activities of the Prosecutor's office, with status of the principle seems far-fetched and artificial
Keywords: The Prosecutor's office, rule of law, Prosecutor's supervision, the court
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