AUTHORITY OF THE PROSECUTOR DURING INVESTIGATION

Abstract

The powers of the prosecutor during the investigation were investigated
due to their connection with his functional purpose. It is suggested that the main
functions of the prosecutor in the criminal process as a whole and during the
investigation include the following: public prosecution, procedural management
and pre-trial investigation. Depending on the functional orientation, it is proposed
to distinguish the following powers: 1) aimed at implementing the function of
public prosecution; 2) those aimed at implementing the function of procedural
management; and 3) aimed at implementing the pre-trial investigation function. It
is also proposed to classify the powers of the prosecutor depending on the stage
of inquiry into: 1) powers at the initial stage of inquiry; 2) authority at the stage of
notifying a person of suspicion and selecting a preventive measure for a person;
and 3) authority at the stage of completion of inquiry.
It was determined that the powers of the prosecutor differ depending on
the nature of his activity, which can be: 1) directed to the collection of evidence
during the investigation (independently conducting procedural actions or giving
orders to the investigator, operatives to carry them out, or the powers aimed at
carrying out organizational tasks from coordination of inquiry).
It is also proposed to classify the powers of the prosecutor during the
inquiry according to their legal enshrinement: a) those defined in the Constitution
of Ukraine; b) those specified in the Code of Criminal Procedure of Ukraine; c)
those defined in the Law of Ukraine "On the Prosecutor's Office" and other laws of
Ukraine, and d) those defined in secondary regulatory legal acts.
The need to supplement Art. 36 of the Criminal Procedure Code of Ukraine
by the provision on the prosecutor's exercise of powers to supervise compliance
with the law when applying coercive measures related to the restriction of the
personal freedom of citizens during inquiries and criminal proceedings in general.