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Orenburg State University december 22, 2024   RU/EN
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Yagofarov S.M.
CRIMINAL PROSECUTION EXERCISE IN THE COURSE OF PRETRIAL PROCEEDING [№ 3 ' 2015]
As a result of pre-trial criminal proceeding reform in the criminal procedure science there is no consensus on the question whether the totality of powers set out in the Code of Criminal Procedure allows one to talk about retaining the possibility of criminal prosecution exercise in the course of pretrial proceeding on the part of the prosecutor's office. Existing views can be divided into three groups, which bring together representatives of science who speak in favour of: a) impossibility of criminal prosecution by the prosecutor in the course of pre-trial proceedings; b) only partial prosecution when it is connected with the need to prosecute in court proceedings by means of prosecution on behalf of a state; c) maintenance of criminal prosecution by the prosecutor even to a limited extent. The prosecutor, despite significant cuts in powers still continues to maintain a fundamental role in pre-trial proceedings. However, the presence of the combination for criminal prosecution and its implementation supervision in relation to other bodies may be associated with competing interests, so the prosecutor's supervisory activities should be subject to judicial review, the mechanism of which should be improved, including organizational activities aimed at the formation of the institute of investigating magistrates. The necessity of such institute gains approval of both representatives of science and practitioners. We believe that the prosecutor should return the commencement of prosecution, the termination of prosecution without the consent of the prosecutor should be avoided. In case of disagreement with the position of the prosecutor regarding criminal case, they should be given the opportunity to challenge the actions of the prosecutor from the investigating magistrate, whose decision can be reversed only by a court order. It is proposed to restore the powers of the prosecutor to draw up the text of the indictment independently and to change the qualification actions of the accused, proposed by the investigator.

Yagofarov S.M.
TO QUESTION INTERRELATIONS OF CRIMINAL PROSECUTIONS AND THE ACCUSATORIAL ACTIVITY PUBLIC PROSECUTOR [№ 3 ' 2014]
The article deals with theoretical aspects of the relation of criminal prosecution and the prosecution as part of the functional activities of the prosecutor in the criminal proceedings.

Yagofarov S.M.
JUDGEMENTS OF EUROPEAN COURT AS A SOURCE OF CRIMINAL PROCEDURE IN RUSSIA [№ 3 ' 2013]
The article deals with the question of the place the European Court in the Russian legal system and the problems, arising in this context, exploring the possibilities for their resolution.

Yagofarov S.M.
CORRELATION OF DEVELOPMENT’S INTERNATIONAL STANDARDS OF CRIMINAL PROCEEDINGS WITH PROCESSES IN RUSSIA [№ 3 ' 2010]
In article questions of rights and liberties’ prior value of peoples in aspect of the international standards’ analysis to criminal proceedings in Russia at present are considered.

Yagofarov S.M.
ROLE OF EUROPEAN COURT IN THE DEVELOPMENT OF CRIMINAL-PROCEDURAL LEGISLATION [№ 3 ' 2009]
The author regards questions regarding the problems of international norms using for regulation of criminal-procedural relations. The question about necessity of Criminal Procedural Code RF perfection with accounting of European Court of human rights practice is raised here.

Yagofarov S.M.
PROBLEM QUESTIONS OF USING OF INTERNATIONAL STANDARDS OF PERSON'S LAW IN CRIMINAL LEGAL PROCEEDING [№ 3 ' 2005]
The author has brought up the question about using of universally recognized principals and norms of international law and international treatments in criminal legal proceeding by courts of general jurisdiction.


Editor-in-chief
Sergey Aleksandrovich
MIROSHNIKOV

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© Электронное периодическое издание: ВЕСТНИК ОГУ on-line (VESTNIK OSU on-line), ISSN on-line 1814-6465
Зарегистрировано в Федеральной службе по надзору в сфере связи, информационных технологий и массовых коммуникаций
Свидетельство о регистрации СМИ: Эл № ФС77-37678 от 29 сентября 2009 г.
Учредитель: Оренбургский государственный университет (ОГУ)
Главный редактор: С.А. Мирошников
Адрес редакции: 460018, г. Оренбург, проспект Победы, д. 13, к. 2335
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