The structure of the criminal proceedings and its significance for the prosecutor’s criminal procedural activity (by the example of the stage of conclusion of the pre-trial investigation)

Abstract

The article is focused on the characteristics of the structure of criminal proceedings and the clarification of its significance for the prosecutor’s criminal procedural activity, by the example of the stage of the conclusion of the pre-trial investigation. The author has supported the point of view regarding the appropriateness to allocate stages and their phases, procedural actions and procedural acts in the structure of criminal proceedings. It has been proved that a detailed analysis of the structure of criminal proceedings, the structure of the pre-trial investigation, the content and essence of its stages is one of the directions of the formation of both theoretical and practical grounds for increasing the efficiency and effectiveness of supervisory activities of a prosecutor within criminal proceedings. It has been substantiated that according to its features (tasks, range of participants, procedural means for accomplishing activities, procedural form, character of procedural actions, summary procedural decisions) the conclusion of the pre-trial investigation serves as its structural component in the form of an independent stage, which is embodied in a special procedure of procedural activity of the participants in criminal proceedings at this stage, the content of which is determined by the actual and legal grounds for the adoption of a final procedural decision at this stage. It has been noted that the establishment of the state of implementation and analysis of the characteristic features of the stage’ phase or the stage in general (tasks, range of participants, procedural means of activities, the specifics of the procedural form, the nature of procedural actions, the final procedural decisions) by a prosecutor in a particular criminal proceeding contributes to the improvement of the efficiency of the implementation of the obligations imposed on him within criminal proceedings of the functions of supervising the observance of laws during the pre-trial investigation.