SEPARATION OF THE FUNCTIONS OF THE HEAD OF THE INVESTIGATIVE BODY AND THE SUPERVISING PROSECUTOR IN THE CONTEXT OF RELATIONS BETWEEN THE PUBLIC PARTICIPANTS IN THE PROCEEDINGS

Abstract

SEPARATION OF THE FUNCTIONS OF THE HEAD OF THE INVESTIGATIVE BODY AND THE SUPERVISING PROSECUTOR  IN THE CONTEXT OF RELATIONS BETWEEN THE PUBLIC PARTICIPANTS IN THE PROCEEDINGS

GEVORG BAGHDASARYAN

Candidate of Law, Lecturer at YSU Chair of Criminal Procedure and Criminalistics, State Councilor of Justice of the Third Class

baghdasaryangevorg001@gmail.com

https://orcid.org/0000-0002-6407-6253

This article addresses the fundamental issue of distinguishing the functions of organizing, managing, supervision and oversight of the preliminary investigation. Acknowledging that this issue is not new in the theory of criminal proceedings, the author first outlines its historical background and identifies the factors that have prevented its resolution to this day.

Subsequently, by presenting the existing theoretical approaches to the content of the aforementioned functions, the author concludes that there are no objective and applicable criteria for their delineation.

Based on a combined analysis of the powers vested in the supervising prosecutor and the head of the investigative body, the author concludes that the legislature has failed to implement the “one subject – one function” concept, which is proclaimed as the foundation for regulating the relationships between public participants in criminal proceedings. Although each has been formally assigned a distinct function, in practice, they have also been endowed with powers that are inherent to the function of the other participant. Given the organic interconnection between the functions of organizing, directing, supervising and overseeing the preliminary investigation, the author considers the overlap of certain powers between the supervising prosecutor and the head of the investigative body to be natural, however, the author criticizes the authority granted to the supervising prosecutor to annul procedural acts issued by the head of the investigative body that pertain to the organization of the investigation.