On the prosecutor's supervision over the execution of laws in the investigation of extremist crimes

The specificity of prosecutor's supervision over the execution of laws in the investigation of extremist crimes as its system-forming feature means the following. First, the prosecutor's supervision has the signs of all branches of power (without belonging to any of them). The specialists on prosecutor's supervision believe, that "the specificity of prosecutor's supervision as of a form of state activity is that it does not belong to any branch of government (representative, executive, or judicial), yet it has the characteristics of each of them" [3. 13]. This fully refers to the part of the prosecutor's supervision "over the execution of laws in the investigation of extremist crimes". Second, the specificity of prosecutor's supervision over the execution of laws in the investigation of extremist crimes is a form of realisation of state power, as it is emphasised by N.N. Karpov, in whose opinion his the Prosecutor's Office of the Russian Federation, due to its special constitutional and legal status, should be positioned "as one of the subsystems of the state power in the Russian Federation" [18. 8]. Third, the specificity of prosecutorial supervision over the execution of laws in the investigation of extremist crimes lies in its being conditioned by the system of criminal justice principles and the objectives of criminal proceedings in cases connected with extremism. The prosecutor's supervision over the execution of laws in the investigation of extremist crimes is carried out by the prosecutor as a party to the criminal proceedings. In Chapter 6 of the Code of Criminal Procedure, the prosecutor is listed among the participants in the criminal proceedings on the part of the prosecution. Under Part 1 of Article 37 of the Code of Criminal Procedure, the prosecutor is an official authorised within the competence provided for by the Code of Criminal Procedure of the Russian Federation to carry out criminal prosecution on behalf of the state in the course of criminal proceedings, as well as supervise over the procedural activities of the bodies of inquiry and preliminary investigation. Thus, the prosecutor, while overseeing the execution of laws in the investigation of extremist crimes, enters the criminal proceedings, implements the prosecution function and has a procedural status different from those of the other participants in the criminal process and manifested in the form of the prosecutor's powers specified in Article 37 (2) of the Code of Criminal Procedure of the Russian Federation. Fourth, the specificity of prosecutor's supervision over the execution of laws in the investigation of extremist crimes is determined by its place in the hierarchy (structure) of Russian criminal justice. Prosecutor's supervision, as a general condition of pre-trial proceedings, performs an auxiliary function in relation to the most pre-trial production, since its mechanisms are not directly aimed at achieving the main goal of production in the case of an extremist crime. In this sense, by its status and purpose, the goal of the prosecutor's supervision in the investigation of extremist crimes is a tasks not only with respect to the main purpose of the criminal process, but also to the purpose of pre-trial proceedings on the crimes under analysis. Fifth, the specificity of prosecutorial supervision over the execution of laws in the investigation of extremist crimes lies in the criminal features of the crimes themselves. The author shares the legislative approach to understanding extremist crimes.

Keywords

Authors

References