Resolution of the Supreme Court of the Russian Federation "On the practice of application by courts of legislation ensuring the right to defense in criminal proceedings"

Everything about criminal cases

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Prosecutor

- Part 1 37 Code of Criminal Procedure

two tasks: criminal prosecution and investigation supervision

I). Powers of the prosecutor during the investigation stage of the case

- Part 2 37 Code of Criminal Procedure

powers of the prosecutor at the stage of investigation of the case:

— clause 1 part 2 37 Code of Criminal Procedure

checks the receipt of messages

— clause 2, part 2 37 Code of Criminal Procedure

if the prosecutor has identified it himself, he forwards the material to the investigator

— clause 3, part 2, 37 Code of Criminal Procedure

demands elimination of violations of the Code of Criminal Procedure

— clause 4 part 2 37 Code of Criminal Procedure

gives the investigator written instructions

A). Supervision of the inquiry

- clause 5 part 2 37 Code of Criminal Procedure

gives consent to the investigator to submit petitions to the court:

- clause 5 part 2 37 Code of Criminal Procedure

gives consent to the investigator on the preventive measure

- clause 5 part 2 37 Code of Criminal Procedure

gives consent to actions requiring court approval

— clause 6, part 2, 37 Code of Criminal Procedure

cancels the investigator's decisions

— clause 9, part 2, 37 Code of Criminal Procedure

considers challenges to the investigator

- clause 10 part 2 37 Code of Criminal Procedure

dismisses the investigator

- clause 11 part 2 37 Code of Criminal Procedure

removes the case from the inquiry and transfers it to the investigator (
part 4 150
)

— clause 13 part 2 37 Code of Criminal Procedure

approves the termination of the case by the investigator

- clause 14 part 2 37 Code of Criminal Procedure

approves the indictment

- clause 15 part 2 37 Code of Criminal Procedure

return of case to change charges and qualifications

- clause 15 part 2 37 Code of Criminal Procedure

return of the case to re-draft the indictment

b). Supervision of the investigation

— clause 5.1 part 2 37 Code of Criminal Procedure

The prosecutor checks the investigator's decisions:

— clause 5.1 part 2 37 Code of Criminal Procedure

checks the refusal to initiate a case

— clause 5.1 part 2 37 Code of Criminal Procedure

checks the suspension of the case

— clause 5.1 part 2 37 Code of Criminal Procedure

checks the termination of the case

- clause 14 part 2 37 Code of Criminal Procedure

approves the indictment

— clause 7, part 2, 37 Code of Criminal Procedure

considers information about the investigator’s disagreement

- clause 15 part 2 37 Code of Criminal Procedure

return of case to change charges and qualifications

- clause 15 part 2 37 Code of Criminal Procedure

return of the case to re-draft the indictment

Pre-trial agreement

(powers of the prosecutor)

- clause 5.2 part 2 37 Code of Criminal Procedure

powers of the prosecutor to enter into a pre-trial agreement

Judicial actions
under investigation
- clause 8, part 2, 37 Code of Criminal Procedure

participation of the prosecutor in court (at the pre-trial stage):

— clause 8, part 2, 37 Code of Criminal Procedure

participates in the consideration of preventive measures

— clause 8, part 2, 37 Code of Criminal Procedure

when considering actions requiring a court decision

— clause 8, part 2, 37 Code of Criminal Procedure

when considering complaints in accordance with Article
125 of the Code of Criminal Procedure
- clause 8.1, part 2 of 37 Code of Criminal Procedure

the prosecutor participates in extending the term of custody

Transfer of cases between authorities

- clause 12 part 2 37 Code of Criminal Procedure

the prosecutor transfers cases between investigative bodies

- clause 12 part 2 37 Code of Criminal Procedure

the prosecutor cannot transfer within the system of one body

- clause 12 part 2 37 Code of Criminal Procedure

seizes any case and transfers it to the Investigative Committee

— clause 16 part 2 37 Code of Criminal Procedure

other powers of the prosecutor

Dispute between the prosecutor and the investigative agency

- Part 6 37 Code of Criminal Procedure

in case of disagreement with the investigator, to a higher authority

- Part 6 37 Code of Criminal Procedure

in case of disagreement with a higher authority, contact the Chairman of the Investigative Committee

- Part 6 37 Code of Criminal Procedure

if you disagree with the Chairman of the Investigative Committee, contact the Prosecutor General

II). Powers of the prosecutor at the trial stage

- Part 3 37 Code of Criminal Procedure

the prosecutor supports the prosecution at the trial stage

- Part 4 37 Code of Criminal Procedure

the prosecutor has the right to withdraw charges

- Part 5 37 Code of Criminal Procedure

prosecutors at different levels (district and higher)

Complaint to the prosecutor

Complaint to the prosecutor

to the investigative bodies, mechanism
124 of the Code of Criminal Procedure
Article 37 of the Code of Criminal Procedure. Prosecutor

1) The prosecutor is an official authorized, within the competence provided for by the Criminal Procedure Code:

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- Part 1 21 Code of Criminal Procedure

the prosecutor's duty to prosecute

- carry out criminal prosecution on behalf of the state - during criminal proceedings;

— as well as supervision over the procedural activities
of the inquiry bodies and preliminary investigation bodies.
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Complaint to the prosecutor

Complaint to the prosecutor

to the investigative bodies, mechanism
124 of the Code of Criminal Procedure
2) during pre-trial proceedings in a criminal case, the prosecutor is authorized to:

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Departmental instructions on receiving reports of crimes:

— Order of the Ministry of Internal Affairs dated August 29, 2014. № 736

— Order of the Investigative Committee dated October 11, 2012. № 72

— Order of the FSB dated May 16, 2006. № 205

1). verify compliance with the requirements of federal law when receiving, registering and resolving reports of crimes;

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— P.1.8

Order No. 212 if the prosecutor himself identified the crime

- clause 4 part 1 140 Code of Criminal Procedure

prosecutor's decision grounds for initiating a case

- Part 1.1 148 Code of Criminal Procedure

refusal to initiate a prosecutor with the consent of the head of the investigation

Reason for initiating a case

Prosecutor's resolution

as a reason to initiate a case

2). make a reasoned decision to send relevant materials to the investigative body or inquiry body to resolve the issue of criminal prosecution based on violations of criminal law identified by the prosecutor;

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- Part 6 37 Code of Criminal Procedure

scheme for resolving a dispute between an investigative body and a prosecutor

3). demand from the bodies of inquiry and investigative bodies the elimination of violations of federal legislation committed when receiving, registering and resolving reports of crimes, conducting an inquiry or preliminary investigation

;

4). give the investigator written instructions about:

- direction of investigation,

— production of procedural actions;

5). give consent to the investigator to:

- filing a petition before the court to select, cancel or change a preventive measure,

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— Part 2 29 Code of Criminal Procedure

procedural actions requiring judicial sanction

- or about the performance of another procedural action that is permitted on the basis of
a court decision;
5.1). request and verify the legality and validity of the decisions of the investigator or head of the investigative body:

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- Part 4 148 Code of Criminal Procedure

a copy of the refusal is sent to the prosecutor within 24 hours

- Part 6 148 Code of Criminal Procedure

cancellation by the prosecutor of the investigator's refusal

— on
refusal to initiate criminal proceedings,
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- Part 2 208 Code of Criminal Procedure

a copy of the decision is sent to the prosecutor

— on
the suspension of a criminal case,
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- part 1 213 of the Code of Criminal Procedure

a copy of the termination order is sent to the prosecutor

— on the termination of a criminal case, and make a decision on them in accordance with the Criminal Procedure Code;

5.2).

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—
317.2 Code of Criminal Procedure
consideration of a request to conclude a pre-trial agreement

- consider a petition for concluding a pre-trial cooperation agreement and the investigator’s decision to initiate a petition before the prosecutor to conclude a pre-trial cooperation agreement with the suspect or accused,

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- clause 1 part 1 317.2 Code of Criminal Procedure

grants the request

- clause 2, part 1 317.2 of the Code of Criminal Procedure

or refuses to satisfy the application

- make a decision to satisfy such a request or to refuse it,

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—
317.3 Code of Criminal Procedure,
procedure for concluding a cooperation agreement

—
enter into a pre-trial cooperation agreement,
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- Part 5 317.4 Code of Criminal Procedure

decision to cancel the pre-trial agreement

make
a decision to amend or terminate such an agreement in the manner and on the grounds provided for by this Code,
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- Part 1 317.5 Code of Criminal Procedure

prosecutor's proposal for a special procedure

— and also make a presentation on the special procedure for holding a court hearing and making a court decision in a criminal case in relation to the accused, with whom a pre-trial cooperation agreement has been concluded;

6). cancel illegal or unfounded decisions:

— interrogator,

- body of inquiry,

- head of the authority,

- head of
the investigation unit,
- subordinate prosecutor;

7). consider the investigator’s information about disagreement with the prosecutor’s demands presented by the head of the investigative body and make a decision on it;

8). participate in court hearings when considering issues during pre-trial proceedings:

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- Part 4 108 Code of Criminal Procedure

participation of the prosecutor in court during detention

- on the election, extension, cancellation, change of a preventive measure in the form of detention,

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— Part 2 29 Code of Criminal Procedure

exclusive powers of the court in the pre-trial stage

— as well as when considering requests for other procedural actions that are allowed on the basis of
a court decision,
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- Part 3 125 Code of Criminal Procedure

participation of the prosecutor, investigator in the court hearing

— clause 10

Plenum No. 1 participation of the prosecutor in the consideration of complaints under
125 of the Code of Criminal Procedure
- when considering complaints in the manner established by 125 of the Code of Criminal Procedure;

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- Part 8.1 109 Code of Criminal Procedure

extension for 30 days at the request of the prosecutor

8.1) if there are grounds to file a petition with the court to extend the period of prohibition of certain actions, the period of house arrest or the period of detention in a criminal case received or sent to the court with an indictment or a decision to send the criminal case to the court for the application of a compulsory measure of a medical nature , as well as a petition for permission to cancel the decision to terminate a criminal case or criminal prosecution in the case provided for in Part 1.1 214 of the Code of Criminal Procedure;

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- Part 1 67 Code of Criminal Procedure

the investigator is challenged by the prosecutor

9). allow challenges filed to the investigator, as well as his self-recusations;

10). remove the investigator from further investigation if he violates the requirements of the Criminal Procedure Code;

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— Part 4 150 Code of Criminal Procedure

on behalf of the prosecutor - investigation instead of inquiry

eleven). withdraw any criminal case from the investigative agency and transfer it to the investigator with the obligatory indication of the grounds for such transfer;

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- paragraph 33

IC order No. 72 transfer of material according to jurisdiction

- clause 1.8

order No. 212 if the prosecutor himself identified the crime

- Part 4 145 Code of Criminal Procedure

disputes about jurisdiction are resolved by the prosecutor

- Part 8 151 Code of Criminal Procedure

disputes about jurisdiction are resolved by the prosecutor

ERRORS when transferring cases

Transfer of the case

to another investigator - the possibility of an error, how to find it

12).
transfer a criminal case or materials for verifying a report of a crime from one preliminary investigation body to another, in accordance with the rules established by 151 of the Code of Criminal Procedure;
- with the exception of the transfer of a criminal case or materials for verifying a report of a crime in the system of one preliminary investigation body,

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SITUATIONS from practice

Transfer of the case

from the police department investigator to the investigative committee, where to apply?

- to seize any criminal case or any materials for verifying a report of a crime from the preliminary investigation body and transfer it (them) to the investigator of the Investigative Committee with the obligatory indication of the grounds for such transfer;

13). approve the decision of the investigator to terminate the criminal proceedings;

14). approve:

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- Clause 1 Part 1 221 Code of Criminal Procedure

approval by the prosecutor of the indictment

- closing indictment,

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— Clause 1 Part 1 226 Code of Criminal Procedure

approval by the prosecutor of the indictment

- indictment,

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- clause 1 part 1 226.8 Code of Criminal Procedure

approval by the prosecutor of the indictment

- or indictment;

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— Clause 2 Part 1 221 Code of Criminal Procedure

return of the criminal case to the investigator

15). return the criminal case to the inquirer or investigator with your written instructions:

- conducting an additional investigation,

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- part 1 175 of the Code of Criminal Procedure

change of charge

— on changing the scope of the charge or qualification of the actions of the accused;

- or for recomposition:

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— Clause 2 Part 1 221 Code of Criminal Procedure

return for reformation of indictment

indictment,

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— Clause 2 Part 1 226 Code of Criminal Procedure

return for re-drafting of the indictment

indictment

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— clause 2 part 1 226.8

return to re-draft the decision

or an indictment and elimination of identified deficiencies;

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Other powers

- Part 3 44 Code of Criminal Procedure

filing a civil lawsuit by the prosecutor

- Part 8 151 Code of Criminal Procedure

disputes about jurisdiction are resolved by the prosecutor

- Part 3 153 Code of Criminal Procedure

connection of the investigator's cases by decision of the prosecutor

— Part 1.1 211 Code of Criminal Procedure

cancellation by the prosecutor of the decision to suspend the investigation

— Part 2 211 Code of Criminal Procedure

cancellation of the suspension of the investigation by the head of the Investigation Department

16). exercise other powers granted to the prosecutor by the Criminal Procedure Code.

2.1) Upon a reasoned written request of the prosecutor, he is given the opportunity to familiarize himself with the materials of the ongoing criminal case.

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- Part 5 246 Code of Criminal Procedure

supporting the prosecution by the prosecutor in court

3) During
criminal proceedings, the prosecutor supports the state prosecution, ensuring its legality and validity.
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- Part 7 246 Code of Criminal Procedure

refusal of the prosecutor to charge the court

4) The prosecutor has the right, in the manner and on the grounds established by the Criminal Procedure Code, to refuse to carry out criminal prosecution,

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- P.

Plenum No. 1, the prosecutor’s refusal to charge requires motivation

— P.

Plenum No. 51, mitigation of charges requires motivation

- with a mandatory indication of the reasons for your decision.

5) The powers of the prosecutor provided for by this article are exercised by district and city prosecutors, their deputies, equivalent prosecutors and superior prosecutors.

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— Part 3 38 Code of Criminal Procedure

the investigator's disagreement with the prosecutor's demands

- Part 4 39 Code of Criminal Procedure

consideration by the head of the investigation department of the prosecutor's demands

- Part 4 221 Code of Criminal Procedure

appeal by the investigator against the return of the case by the prosecutor

6) If the investigator or the head of the investigative body disagrees with the prosecutor’s demands to eliminate violations of federal legislation committed during the preliminary investigation, the prosecutor has the right to apply to the head of the higher investigative body with a demand to eliminate these violations.

If the head of a higher investigative body disagrees with the specified requirements of the prosecutor, the prosecutor has the right to appeal to the Chairman of the Investigative Committee or the head of the investigative body of the federal executive body (under the federal executive body).

If the Chairman of the Investigative Committee or the head of the investigative body of a federal executive body (under a federal executive body) disagrees with the prosecutor’s demands to eliminate violations of federal legislation committed during the preliminary investigation, the prosecutor has the right to appeal to the Prosecutor General, whose decision is final.

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Article 37. Prosecutor

[Code of Criminal Procedure] [Part One] [Section II] [Chapter 6]
. The prosecutor is an official authorized, within the scope of competence provided for by this Code, to carry out criminal prosecution on behalf of the state during criminal proceedings, as well as supervision over the procedural activities of inquiry bodies and preliminary investigation bodies.

. During pre-trial proceedings in a criminal case, the prosecutor is authorized to:

1) verify compliance with the requirements of federal law when receiving, registering and resolving reports of crimes;
2) make a reasoned decision to send the relevant materials to the investigative body or the inquiry body to resolve the issue of criminal prosecution based on violations of criminal law identified by the prosecutor;
3) demand from the bodies of inquiry and investigative bodies the elimination of violations of federal legislation committed during the inquiry or preliminary investigation;
4) give the investigator written instructions on the direction of the investigation and the conduct of procedural actions;
5) give consent to the investigator to initiate a petition before the court for the selection, cancellation or change of a preventive measure or for the performance of another procedural action that is permitted on the basis of a court decision;
5.1) request and verify the legality and validity of the decisions of the investigator or the head of the investigative body to refuse to initiate, suspend or terminate a criminal case and make a decision on them in accordance with this Code;
5.2) consider a petition for concluding a pre-trial agreement on cooperation and a resolution of the investigator to initiate a petition before the prosecutor to conclude a pre-trial agreement on cooperation with the suspect or accused, make a decision to satisfy such a petition or refuse to satisfy it, conclude a pre-trial agreement on cooperation, make a decision to amend or terminate such an agreement in the manner and on the grounds provided for by this Code, as well as to make a submission on the special procedure for holding a court hearing and making a court decision in a criminal case in relation to the accused with whom a pre-trial cooperation agreement has been concluded;
6) cancel illegal or unfounded decisions of a lower-ranking prosecutor, as well as illegal or unfounded decisions of the inquiry body, the head of the inquiry body, the head of the inquiry unit and the investigator in the manner established by this Code;
7) consider the investigator’s information about disagreement with the prosecutor’s demands presented by the head of the investigative body and make a decision on it;
participate in court hearings when considering during pre-trial proceedings issues on the selection of a preventive measure in the form of detention, on extending the period of detention or on the abolition or change of this preventive measure, as well as when considering petitions for other procedural actions that are allowed in on the basis of a court decision, and when considering complaints in the manner established by Article 125 of this Code;
8.1) if there are grounds to file a petition with the court to extend the period of prohibition of certain actions, the period of house arrest or the period of detention in a criminal case received or sent to the court with an indictment or a decision to send the criminal case to the court for the application of a compulsory measure of a medical nature ;
9) allow challenges filed to the investigator, as well as his self-recusations;
10) remove the investigator from further investigation if he committed a violation of the requirements of this Code;
11) withdraw any criminal case from the investigative body and transfer it to the investigator with the obligatory indication of the grounds for such transfer;
12) transfer a criminal case or materials for checking a crime report from one preliminary investigation body to another (except for the transfer of a criminal case or materials for checking a crime report in the system of one preliminary investigation body) in accordance with the rules established by Article 151 of this Code, confiscate any criminal the case or any materials for checking a report of a crime from the preliminary investigation body of the federal executive body (under the federal executive body) and transfer it (them) to the investigator of the Investigative Committee of the Russian Federation with the obligatory indication of the grounds for such transfer;
13) approve the decision of the investigator to terminate the criminal proceedings;
14) approve an indictment, indictment or indictment in a criminal case;
15) return the criminal case to the inquirer, investigator with his written instructions to conduct an additional investigation, to change the scope of the charge or qualification of the actions of the accused, or to re-draft the indictment, indictment or indictment order and eliminate identified deficiencies;
16) exercise other powers granted to the prosecutor by this Code.

2.1. Upon a reasoned written request of the prosecutor, he is given the opportunity to familiarize himself with the materials of the ongoing criminal case.

. During criminal proceedings, the prosecutor supports the state prosecution, ensuring its legality and validity.

. The prosecutor has the right, in the manner and on the grounds established by this Code, to refuse to carry out criminal prosecution with the obligatory indication of the reasons for his decision.

. The powers of the prosecutor provided for by this article are exercised by district and city prosecutors, their deputies, equivalent prosecutors and superior prosecutors.

. If the head of the investigative body or investigator does not agree with the prosecutor’s demands to eliminate violations of federal legislation committed during the preliminary investigation, the prosecutor has the right to apply to the head of a higher investigative body with a demand to eliminate these violations. If the head of a higher investigative body disagrees with the specified demands of the prosecutor, the prosecutor has the right to appeal to the Chairman of the Investigative Committee of the Russian Federation or the head of the investigative body of the federal executive body (under the federal executive body). If the Chairman of the Investigative Committee of the Russian Federation or the head of the investigative body of the federal executive body (under the federal executive body) disagrees with the demands of the prosecutor to eliminate violations of federal legislation committed during the preliminary investigation, the prosecutor has the right to appeal to the Prosecutor General of the Russian Federation, whose decision is final.

In what cases is the participation of a prosecutor in civil and administrative cases mandatory?

December 16, 2019

In accordance with Part 3 of Article 45 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation), the prosecutor enters into the process and gives an opinion in cases of eviction, reinstatement at work, compensation for harm caused to life and health, as well as in other cases, provided for by the Code of Civil Procedure of the Russian Federation and other federal laws, in order to exercise the powers vested in him.

The Codes of the Russian Federation and federal laws provide for the following categories of civil cases in which the participation of the prosecutor is mandatory:

- about eviction;

- about reinstatement at work;

— on the return of the child or on the exercise of access rights;

- compensation for harm caused to life or health;

- about adoption, cancellation of adoption;

- on deprivation of parental rights, restriction of parental rights, restoration of parental rights;

- on recognizing a citizen as missing or declaring a citizen dead;

— on declaring a citizen incompetent, on limiting the citizen’s legal capacity;

- declaring a minor fully capable.

By virtue of Part 7 of Article 39 of the Code of Administrative Proceedings of the Russian Federation (hereinafter referred to as the CAS RF), the prosecutor enters into the judicial process and gives an opinion on the administrative case in cases provided for by the CAS RF and other federal laws, in particular, in administrative cases:

— on challenging a normative legal act;

- on the involuntary hospitalization of a citizen in a medical organization providing psychiatric care in a hospital setting, on the extension of the period of hospitalization of a citizen on an involuntary basis, or on an involuntary psychiatric examination of a citizen;

— on involuntary hospitalization of a citizen to a medical anti-tuberculosis organization;

— on the protection of voting rights and the right to participate in a referendum of citizens of the Russian Federation;

— on the placement of a foreign citizen subject to deportation or readmission in a special institution or on the extension of the period of stay of a foreign citizen subject to deportation or readmission in a special institution;

- on the placement of minors who are not subject to criminal liability in special closed educational institutions;

— on the placement of minors in temporary detention centers for minor offenders of internal affairs bodies;

— on the establishment and extension of administrative supervision, early termination of administrative supervision, the establishment of additional administrative restrictions, and the partial lifting of administrative restrictions.

In the above cases, the prosecutor is a subject of the process, vested with special powers. He gives an opinion on the case in order to comply with the principles of legality and fairness when considering a civil or administrative dispute and is not a defender of any of the parties (plaintiff or defendant). Consequently, when giving an opinion, the prosecutor is not associated with the position of the plaintiff or defendant and is guided by the requirements of the current legislation, taking into account the available materials of the case and the circumstances established by the court.

Moreover, the conclusions made by the prosecutor in the conclusion of the case are not binding on the court.

There are frequent cases of citizens turning to the prosecutor's office with applications to appeal judicial acts in civil or administrative cases, in the consideration of which the prosecutor did not participate.

At the same time, by virtue of part 2 of article 320 of the Code of Civil Procedure of the Russian Federation, part 2 of article 295 of the CAS of the Russian Federation, the right to bring an appeal belongs to the prosecutor participating in a civil or administrative case.

Taking into account the above legal norms, in cases where a civil or administrative case does not belong to the category of cases in which the participation of a prosecutor is mandatory, or the prosecutor is not a person participating in the case, the prosecutor’s office does not have the authority to appeal judicial acts.

Prepared by the prosecutor's office of the Starozhilovsky district

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Criminal Procedure Code of the Russian Federation:

Article 37. Prosecutor

1. The prosecutor is an official authorized, within the competence provided for by this Code, to carry out criminal prosecution on behalf of the state during criminal proceedings, as well as supervision over the procedural activities of inquiry bodies and preliminary investigation bodies.

2. During pre-trial proceedings in a criminal case, the prosecutor is authorized to:

1) verify compliance with the requirements of federal law when receiving, registering and resolving reports of crimes;

2) make a reasoned decision to send the relevant materials to the investigative body or the inquiry body to resolve the issue of criminal prosecution based on violations of criminal law identified by the prosecutor;

3) demand from the bodies of inquiry and investigative bodies the elimination of violations of federal legislation committed when receiving, registering and resolving reports of crimes, conducting an inquiry or preliminary investigation;

4) give the investigator written instructions on the direction of the investigation and the conduct of procedural actions;

5) give consent to the investigator to initiate a petition before the court for the selection, cancellation or change of a preventive measure or for the performance of another procedural action that is permitted on the basis of a court decision;

5.1) request and verify the legality and validity of the decisions of the investigator or the head of the investigative body to refuse to initiate, suspend or terminate a criminal case and make a decision on them in accordance with this Code;

5.2) consider a petition for concluding a pre-trial agreement on cooperation and a resolution of the investigator to initiate a petition before the prosecutor to conclude a pre-trial agreement on cooperation with the suspect or accused, make a decision to satisfy such a petition or refuse to satisfy it, conclude a pre-trial agreement on cooperation, make a decision to amend or terminate such an agreement in the manner and on the grounds provided for by this Code, as well as to make a submission on the special procedure for holding a court hearing and making a court decision in a criminal case in relation to the accused with whom a pre-trial cooperation agreement has been concluded;

6) cancel illegal or unfounded decisions of a lower-ranking prosecutor, as well as illegal or unfounded decisions of the inquiry body, the head of the inquiry body, the head of the inquiry unit and the investigator in the manner established by this Code;

7) consider the investigator’s information about disagreement with the prosecutor’s demands presented by the head of the investigative body and make a decision on it;

participate in court hearings when considering during pre-trial proceedings issues on the selection of a preventive measure in the form of detention, on extending the period of detention or on the abolition or change of this preventive measure, as well as when considering petitions for other procedural actions that are allowed in on the basis of a court decision, and when considering complaints in the manner established by Article 125 of this Code;

8.1) if there are grounds to file a petition with the court to extend the period of prohibition of certain actions, the period of house arrest or the period of detention in a criminal case received or sent to the court with an indictment or a decision to send the criminal case to the court for the application of a compulsory measure of a medical nature , as well as a petition for permission to cancel the decision to terminate a criminal case or criminal prosecution in the case provided for in part one.1 of Article 214 of this Code;

9) allow challenges filed to the investigator, as well as his self-recusations;

10) remove the investigator from further investigation if he committed a violation of the requirements of this Code;

11) withdraw any criminal case from the investigative body and transfer it to the investigator with the obligatory indication of the grounds for such transfer;

12) transfer a criminal case or materials for checking a crime report from one preliminary investigation body to another (except for the transfer of a criminal case or materials for checking a crime report in the system of one preliminary investigation body) in accordance with the rules established by Article 151 of this Code, confiscate any criminal the case or any materials for checking a report of a crime from the preliminary investigation body of the federal executive body (under the federal executive body) and transfer it (them) to the investigator of the Investigative Committee of the Russian Federation with the obligatory indication of the grounds for such transfer;

13) approve the decision of the investigator to terminate the criminal proceedings;

14) approve an indictment, indictment or indictment in a criminal case;

15) return the criminal case to the inquirer, investigator with his written instructions to conduct an additional investigation, to change the scope of the charge or qualification of the actions of the accused, or to re-draft the indictment, indictment or indictment order and eliminate identified deficiencies;

16) exercise other powers granted to the prosecutor by this Code.

2.1. Upon a reasoned written request of the prosecutor, he is given the opportunity to familiarize himself with the materials of the ongoing criminal case.

3. During criminal proceedings, the prosecutor supports the state prosecution, ensuring its legality and validity.

4. The prosecutor has the right, in the manner and on the grounds established by this Code, to refuse to carry out criminal prosecution with the obligatory indication of the reasons for his decision.

5. The powers of the prosecutor provided for by this article are exercised by district and city prosecutors, their deputies, equivalent prosecutors and superior prosecutors.

6. If the head of the investigative body or investigator disagrees with the prosecutor’s demands to eliminate violations of federal legislation committed during the preliminary investigation, the prosecutor has the right to apply to the head of a higher investigative body with a demand to eliminate these violations. If the head of a higher investigative body disagrees with the specified requirements of the prosecutor, the prosecutor has the right to appeal to the Chairman of the Investigative Committee of the Russian Federation or the head of the investigative body of the federal executive body (under the federal executive body). If the Chairman of the Investigative Committee of the Russian Federation or the head of the investigative body of the federal executive body (under the federal executive body) disagrees with the prosecutor’s demands to eliminate violations of federal legislation committed during the preliminary investigation, the prosecutor has the right to appeal to the Prosecutor General of the Russian Federation, whose decision is final.

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