Requests of the prosecutor to eliminate violations of the federal legislation: procedural value of their nonobligation for the investigative body

Investigators have the right to declare their objections if they disagree with the prosecutor's requests to eliminate violations of federal legislation. In this case, the power subjects of pre-trial proceedings become real counterbalances, and each has an equal opportunity to defend their position in this dispute. This approach pursues the following goals: (1) to strengthen the procedural independence of the investigative bodies by protecting them from the prosecutor's interference in the investigation; (2) to ensure the objectivity of the prosecutor's supervision, unachievable under the previous conditions of the prosecutor's involvement in the supervised activities. In the legal science, the non-mandatory nature of the prosecutor's requests has been an object of constant criticism lately. However, this procedure is justified, since it serves as a deterrent preventing not only the abuse of official powers by the authorities of pre-trial proceedings, but also the adoption of hasty, insufficiently cautious procedural decisions.

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