Theoretical questions about the concept of the object of prosecutor’s supervision

Authors

  • V.E. Sukhoterin
  • A.A. Kim

Keywords:

state activity, prosecutor's supervision, object of prosecutor's supervision, subject of prosecutor's supervision, subject of legal relations, supervisory bodies, subject of public prosecutor's supervision

Abstract

Based on the analysis of modern educational literature on prosecutors' supervision, the authors come to the conclusion that there is no unequivocal opinion on the question of some of the fundamental categories of the science of prosecutorial supervision. Among such categories it is possible to name concepts of object and a subject of public prosecutor's supervision. Some authors (O.S. Akhеtova, M.H. Geldibaev, B.V. Korobeinikov, A.A. Ogorodnikov, M.P. Polyakov, A.V. Fedulov, V.B. Yastrebov) under the object of public prosecutor's supervision understand federal ministries, state committees, services and other federal executive bodies; representative (legislative) and executive bodies of the subjects of the Russian Federation; bodies of local selfgovernment;
military administration bodies; control bodies; officials of the above ministries, state committees, services and other bodies; government bodies and heads of commercial and non-commercial organizations. Others (A.P. Stukanov) argue that the subject of prosecutor's supervision is not the totality of these bodies and organizations, but the legality of their activities. Such disunity in the understanding of these important categories of the theory of prosecutorial oversight necessitated the presented research, which highlights different views on the disputed issues under consideration. The approaches to minimizing the contradictions on this problem have been determined.

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Published

2018-09-30

Issue

Section

CRIMINAL PROCEDURE AND CRIMINALISTICS