Models of procedural management of criminal prosecution in Russia and foreign countries

Saint Petersburg University of the Ministry of Internal Affairs of Russia, Department of Criminal Procedure, Saint Petersburg, Russia

^* Corresponding author: shestakova_sofia@mail.ru

Abstract

The article is devoted to the study of foreign and Russian models of procedural management of criminal prosecution. The authors propose general theoretical approaches that made it possible to conduct their systemic analysis and comparison. Prerequisites for the research: the necessity to reform legislation in terms of procedural management of criminal prosecution, optimize the distribution of procedural functions between the official subjects of criminal procedural activity. Purpose of the research: to create a theoretical model of procedural management of criminal prosecution based on historical and comparative-legal analysis of Russian and foreign structures. Results and novelty: An abstract (theoretical) model of managing criminal prosecution is a set of procedural parameters reflecting: 1) The coincidence of the head of the criminal prosecution and the subject who initiated it, or the absence of such a coincidence; 2) Unity or plurality of subjects of procedural management, their subordination; 3) The presence or absence of a combination of managerial powers with supervisory and control powers; 4) Correlation of the management with the procedural independence of the subject conducting the criminal prosecution; 5) The coincidence of the head of the criminal prosecution and the public prosecutor in one person; 6) Freedom and limits of disposal of the subject of criminal prosecution, and criminal action; 7) The powers of the head of the criminal prosecution to terminate the case and withdraw the charges. The scientific novelty of the research is determined by the range of analyzed problems, taking into account the changes that occur in the field of criminal proceedings, as well as the need for an optimal distribution of powers in the procedural management of criminal prosecution.