THEORY AND PRACTICE OF THE EMPOWERMENT OF PROSECUTORS IN PRE-TRIAL PROCEEDINGS IN CASES OF MALFEASANCE IN THE RUSSIAN EMPIRE
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 58, Issue 4
Abstract
The article analyses the legal views and the draft laws on the extension of the powers of the Prosecutor in pre-trial proceedings in cases of malfeasance, and the level of their realization in the legislation of the Russian Empire after the judicial reform of 1864. The legislation provided for limited authority of the Prosecutor in proceedings in cases of malfeasance and does not give her the right to independently initiate of criminal prosecution and to resolve issues of bringing the accused to trial. In this regard, in practice, prosecutors sometimes went beyond its powers, and the Senate acknowledged the Prosecutor's office some of the rights that are directly in the law were not specified. Considering this, legal science and practitioners have expressed the proposal to abolish the administrative safeguards for officials, which was that the prosecutor's office had no right to initiate prosecution for malfeasance, and that right belonged solely to the superiors of the accused. There were some suggestions on legal empowerment of the Prosecutor's office in the prosecution of malfeasance. Developed on this issue the draft laws is not extended the general procedure of criminal proceedings to cases of malfeasance, but provides only for the empowerment of prosecutors, different draft laws did it in different level. In the early twentieth century the draft laws abolished the restrictions of the rights of the Prosecutor's office in matters bringing the accused to court for malfeasance. However, this was not done in relation of initiation by Prosecutor's office of criminal prosecution. The last draft law of the Ministry of justice the priority in this issue gave to the superiors of the accused, but the State Duma, making changes to it, the priority given to the Prosecutor's office. However, these draft laws were not enacted, and the legislature has gone the way of partial implementation of the developed proposals in the laws related only to some types of crimes.
Authors and Affiliations
Vasily Gorbachev
Keywords
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