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APPENDICES

The appendix 1

The draught federal law of the Russian Federation

«About modification and additions in the Code of Criminal Procedure Russian

Federations and the Federal act «About Office of Public Prosecutor of the Russian Federation» »

Article 1

To bring in the Code of Criminal Procedure of the Russian Federation (Meeting of the legislation of the Russian Federation, 2001, № 52, item 4921; 2007, № 24, item 2830, № 31, item 4011; 2008, № 49, item 5724; 2009, № 26, item 3139; 2010, № 27, item 3427, № 30, item 3986, item 4003; 2011, № 1, item 16, item 45, № 29, item 4286; 2012, № 24, item 3070, № 31, item 4332, № 49, item 6752, № 53 (a part I), item 7634; 2013, № 9, item 875, № 26, item 3477, № 30 (a part I), item 4053, № 48, item 6165, № 52 (a part I), item 6997) following changes:

1) to add article 5 with point 27.1 of the following maintenance:

«27.1) representation about elimination of infringements of the criminal procedure legislation - the certificate of reaction of the public prosecutor, brought by it to the head of the organ of inquiry, the chief of agency in charge of preliminary investigation or the chief of division of inquiry in connection with the infringements admitted by officials of these bodies in pre-judicial manufacture;»;

2) in article 37:

Part of 2 articles in the following edition:

«2. During pre-judicial criminal proceeding the public prosecutor is authorised:

1) to check execution of the criminal procedure legislation in agencies in charge of preliminary investigation and preliminary investigation in connection with the information which has arrived to the public prosecutor on the law-breaking facts to have access to documents and materials of agencies in charge of preliminary investigation and preliminary investigation;

2) under the letter of inquiry to obtain on demand and in time, established in inquiry to receive from heads of agencies in charge of preliminary investigation and preliminary investigation criminal cases, materials of checks of messages on crimes, other documents, statistical and other data on perfect crimes, a course of inquiry, preliminary investigation and an establishment of the persons who have committed crimes;

3) to demand from heads of agencies in charge of preliminary investigation and preliminary investigation of allocation of experts for finding-out of the arisen questions, to demand from heads of agencies in charge of preliminary investigation and preliminary investigation of carrying out of checks of corresponding bodies on the materials which have arrived to the public prosecutor and references;

4) to cause for explanations concerning law-breakings of officials and citizens;

5) to check execution of requirements of the law on reception, registration and the permission of messages on crimes; at an establishment of the bases provided by article 140 of the present Code to initiate criminal case and to direct it for preliminary investigation or inquiry manufacture;

6) to take out motivirovannoe the decision about a direction of corresponding materials in the organ of inquiry or agency in charge of preliminary investigation for the decision of a question on criminal prosecution on the facts of the infringements of the criminal legislation revealed by the public prosecutor;

7) to take part in manufacture of any investigatory and other legal proceedings in cases when he recognises it necessary;

8) to recognise as inadmissible and to exclude from the criminal cases which are in manufacture of inspectors, investigators, the proof in the cases provided by article 75 of the present Code;

9) to demand from the head of the organ of inquiry, the chief of agency in charge of preliminary investigation, the chief of division of inquiry of elimination of infringements of the federal legislation admitted during pre-judicial manufacture;

10) to bring representations about elimination of infringements ugolovnoprotsessualnogo the legislations, the agencies in charge of preliminary investigation admitted by officials and preliminary investigation;

11) to give to the investigator written instructions on a direction of investigation,

Manufacture of legal proceedings;

12) to give to the inspector written instructions on manufacture of legal proceedings in cases:

Recognitions of decisions of the inspector about refusal in criminal case excitation, about criminal case excitation, about preliminary investigation stay, about the criminal case or criminal prosecution termination illegal and (or) unreasonable and cancellations of these decisions,

At returning of criminal case for manufacture of an additional consequence, change of volume of charge or qualification of actions convicted or redrawing up of the bill of particulars;

13) to give to the head of the organ of inquiry written instructions on manufacture of legal proceedings in case of a direction in the requirement organ of inquiry about elimination of infringements of the federal legislation admitted during pre-judicial manufacture;

14) to agree to the investigator to excitation before court of the petition for election, cancellation or change of a preventive punishment or about manufacture of other legal proceeding which is supposed on the basis of a judgement;

15) to cancel illegal or unreasonable decisions of the subordinate public prosecutor, and also illegal or unreasonable decisions of the investigator in an order established by the present Code;

16) to consider written objections of the inspector about disagreement with instructions of the subordinate public prosecutor, the petition of the head of the organ of inquiry for cancellation of the requirement or representation of the subordinate public prosecutor and to make on them the decision;

17) to participate in sessions of the court by consideration during pre-judicial manufacture of questions on election of a preventive punishment in the form of taking into custody, about prolongation of holding in custody or about cancellation or change of the given preventive punishment, and also by consideration of petitions for manufacture of other legal proceedings which are supposed on the basis of destinies - nogo decisions, and by consideration of complaints in an order established by article 125 of the present Code;

18) in the presence of the bases to initiate before court the petition for prolongation of house arrest or holding in custody term on the criminal case directed to court with the bill of particulars or the indictment;

19) to resolve the taps declared to the investigator, and also its rejections;

20) to discharge the investigator of the further manufacture of investigation if it admits infringement of requirements of the present Code;

21) to withdraw any criminal case from agency in charge of preliminary investigation and to transfer to its inspector with obligatory instructions of the bases of such transfer;

22) to transfer criminal case or materials of check of the message on a crime from one body of preliminary investigation to another (except for transfer of criminal case or materials of check of the message on a crime to system of one body of preliminary investigation) according to the rules established by article 151 of the present Code, to withdraw any criminal case or any materials of check of the message on a crime at body of preliminary investigation of federal enforcement authority (at federal enforcement authority) and to transfer (their) its inspector of Investigatory committee of the Russian Federation with obligatory instructions of the bases of such transfer;

23) to approve the decision of the investigator about phase-out on criminal case;

24) to approve the bill of particulars, the indictment or the accusatory decision on criminal case;

25) to return criminal case to the investigator, the inspector with the written instructions on manufacture of additional investigation, on change of volume of charge or qualification of actions convicted or for pereso - stavlenija the bill of particulars, the indictment or the accusatory decision and elimination of the revealed lacks;

26) to carry out other powers given to the public prosecutor by the present Code »;

Part 2.1и a part of 6 articles to exclude;

3) in article 38:

Point 3 of a part of the second to state in the following edition:

«3) independently to direct investigation course, to make the decision on manufacture of investigatory and other legal proceedings, except for cases when according to the present Code reception of a judgement or the consent of the head of the organ of inquiry is required.

In the cases provided by the special part of the present Code, the inspector immediately, but not later than next days from the moment of the termination of the spent action or acceptance of the remedial decision, directs to the public prosecutor of a copy of corresponding reports or decisions. The given term can be reduced, if it is directly provided by the norms of the present Code regulating the procedure of separate legal proceeding or decision-making»;

Part third to state in the following edition:

«3. Instructions of the public prosecutor are obligatory for execution by the inspector. In case of disagreement with instructions of the public prosecutor on manufacture of legal proceedings the inspector has the right to appeal to their higher public prosecutor which decision is definitive. The appeal of instructions of the public prosecutor does not stop their execution, except for cases when they concern attraction of the person as convicted, qualification of a crime, volume of charge, election of a preventive punishment, manufacture of investigatory actions which are supposed only on a judgement, criminal case direction in court or its terminations. The higher public prosecutor, having considered criminal case and written objections of the inspector, or cancels instructions of the subordinate public prosecutor, or refuses in satisfaction of objections of the inspector and directs criminal case to the head of the organ of inquiry for the organisation of the further investigation. In the latter case the head of the organ of inquiry charges manufacture of preliminary investigation to other inspector »;

4) in article 39:

Part the fourth to state in the following edition:

«4. Requirements and representations of the public prosecutor about elimination of infringements of the federal legislation admitted during pre-judicial manufacture, are obligatory for execution by the head of the organ of inquiry. In case of disagreement with the requirement or representation of the public prosecutor the head of the organ of inquiry in time not later than 5 days has the right to appeal against the requirement or representation to the higher public prosecutor which decision is definitive. The higher public prosecutor in time no more than 10 days from the moment of receipt of corresponding materials or refuses in satisfaction of the petition of the head of the organ of inquiry, or cancels the requirement or representation of the subordinate public prosecutor»;

To add with a part 4.1 following maintenances:

«4.1. Letters of inquiry of the public prosecutor on granting of criminal cases, materials of checks of messages on crimes, other documents, statistical and other data on perfect crimes, a course of preliminary investigation and an establishment of the persons who have committed crimes, are obligatory for execution by the head of the organ of inquiry in time, established in inquiry.

Acquaintance of the public prosecutor with materials and the criminal cases which are in manufacture of inspectors, at the discretion of the head of the organ of inquiry can be made in premises of organs of inquiry »;

5) a part third of article 88 to state in the following edition:

«3. The public prosecutor, and also the inspector or the investigator with the consent of the public prosecutor have the right to recognise the proof inadmissible under the petition of the suspect convicted or under own initiative. The proof recognised inadmissible, does not come under to inclusion in the bill of particulars, the indictment or the accusatory decision. About a proof recognition inadmissible and its exception of criminal case the public prosecutor, and also the inspector or the investigator take out the decision containing instructions on the proof, recognised inadmissible, and a conclusion substantiation about impossibility of further use of this proof»;

6) in article 108:

Part third to state in the following edition:

«3. In need of election as a preventive punishment of taking into custody the inspector with the consent of the head of the organ of inquiry, and also the investigator with the consent of the public prosecutor initiate before court the corresponding petition. In the decision about petition excitation motives and the bases in which force there was a necessity for the conclusion suspected or convicted under guards are stated and election of other preventive punishment is impossible. The materials confirming validity of the petition are applied on the decision. Simultaneously with the petition taking to court its copy, and also the inspector directs copies of applied materials to the public prosecutor. If the petition is initiated in the relation of the suspect detained in an order, established by articles 91 and 92 present Codes the decision and the specified materials should be presented the judge not later than 8 hours before the detention expiry of the term»;

Part the sixth to state in the following edition:

«6. In the beginning of session the judge declares, what petition comes under to consideration, explains to the persons who were in session of the court of their right and a duty. Then the inspector or the head of the organ of inquiry on the affairs investigated in the form of preliminary investigation, the public prosecutor or under its commission the investigator on the affairs investigated in the form of inquiry, proves it then other persons who were in session of the court are heard. After zaslushivanija all persons participating in session of the court, research of the materials confirming validity of the petition, and the materials given by the party of protection, the judge gives floor for the conclusion about validity of the declared petition to the public prosecutor. The drawn conclusion is disclosed by the public prosecutor and it is given to the judge in written form. In a case if the public prosecutor does not support the petition for election of a preventive punishment in the form of taking into custody, the judge ceases manufacture under the petition, for what takes out the decision »;

7) a part of eighth article 109 to state in the following edition:

«8. The petition for holding in custody prolongation should be presented to court in a place of manufacture of preliminary investigation or a place of the maintenance convicted under guards not later than 7 days before its expiration. The judge not later than in 5 days from the date of petition reception accepts in an order provided by parts of fourth, sixth, eighth and eleventh article 108 of the present Code, one of following decisions:

1) about prolongation of holding in custody till the moment of the termination of acquaintance of convicted and its defender with materials of criminal case and a direction the public prosecutor of criminal case in court, except for a case provided by a part of sixth present article;

2) about refusal in satisfaction of the petition of the inspector and clearing convicted from under guards »;

8) a part the second articles 119 to state in the following edition:

«2. The petition is declared to the investigator, the inspector, the public prosecutor or in

Court »;

9) article 122 to state in the following edition:

«Article 122. The petition permission

About satisfaction of the petition or for full or partial refusal in its satisfaction the investigator, the inspector, the public prosecutor, the judge take out the decision, and court - definition which is possible to data of the person who have declared the petition. The decision under the petition can be appealed in an order established by chapter 16 of the present Code »;

10) a part third of article 125 to state in the following edition:

«3. The judge who has accepted the complaint to consideration, informs on a place, date and time of session of the court of the applicant, its defender, the representative (legal representative), the public prosecutor (with a direction to it a complaint copy), the head of the organ of inquiry, the inspector who is carrying out investigation on business on whom the complaint is brought, and also other persons, whose interests are directly mentioned obzhaluemym by action (inactivity) or the decision.

The judge checks legality and validity of actions (inactivity) and decisions of the investigator, the inspector, the head of the organ of inquiry, the public prosecutor not later than in 5 days from the date of complaint receipt in session of the court with participation of the applicant and its defender, the legal representative or the representative if they participate in criminal case, other persons, whose interests are directly mentioned obzhaluemym by action (inactivity) or the decision, and also with participation of the public prosecutor, the inspector, the head of the organ of inquiry. Absence of the persons who are in due time informed on time of consideration of the complaint and not insisting on its consideration with their participation, is not an obstacle for consideration of the complaint by court. The complaints which are coming under to consideration by court, are considered in open session of the court, except for the cases provided by a part of second article 241 of the present Code »;

11) a part of sixth article 148 to state in the following edition:

«6. Recognising the decision of the head of the organ of inquiry, the inspector, agency in charge of preliminary investigation, the investigator about refusal in criminal case excitation illegal or unreasonable, the public prosecutor cancels it and initiates criminal case or directs materials to the head of the organ of inquiry or the chief of agency in charge of preliminary investigation for additional check with the instructions, establishing term of their execution. Recognising refusal of the head of the organ of inquiry, the inspector in criminal case excitation illegal or unreasonable, the corresponding head of the organ of inquiry cancels it and initiates criminal case or directs materials for additional check with the instructions, establishing term of their execution»;

12) a part the first articles 165 to state in the following edition:

«1. In the cases provided by points 4-9, 10.1, 11 и12 parts of second article 29 of the present Code, the inspector with the consent of the head of the organ of inquiry, and the investigator with the consent of the public prosecutor initiates the petition for investigatory action manufacture, for what before court takes out the decision. One -

Temporarily with the petition taking to court its copy, and also the inspector directs copies of applied materials to the public prosecutor »;

13) a part of ninth article 172 to state in the following edition:

«9. The decision copy about attraction as the convicted goes to the public prosecutor not later than next days from the date of removal of the corresponding decision. The public prosecutor has the right to participate at indicting and interrogation convicted»;

14) in article 221:

Part the first to state in the following edition:

«1. The public prosecutor considers the criminal case which has arrived from the inspector with the bill of particulars and within 10 days accepts on it one of following decisions:

1) about the statement of the bill of particulars and about a criminal case direction in court;

2) about returning of criminal case to the inspector for manufacture of an additional consequence, change of volume of charge or qualification of actions convicted or redrawing up of the bill of particulars and elimination of the revealed lacks with the written instructions;

3) about a criminal case direction to the higher public prosecutor for the statement of the bill of particulars, if it to cognizably court above;

4) about the termination of criminal case (criminal prosecution) on the bases provided by articles 24, 27, 28.1 present Codes »;

Part third to state in the following edition:

«3. In the cases provided by points 2-4 of a part of first present article, the public prosecutor takes out motivirovannoe the decision»;

Part the fourth to state in the following edition:

4. The decision of the public prosecutor about returning of criminal case to the inspector can be appealed it within 72 hours from the moment of receipt to it of criminal case to the higher public prosecutor. The higher public prosecutor within 10 days from the moment of receipt of corresponding materials takes out one of hardly - blowing decisions:

1) about refusal in satisfaction of the petition of the inspector and a direction of criminal case to the head of the organ of inquiry for the organisation of the further investigation;

2) about cancellation of the decision of the subordinate public prosecutor. In this case the higher public prosecutor approves the bill of particulars and directs criminal case to court »;

15) to add with article 221.1 of the following maintenance:

«Article 221.1. The questions resolved by the public prosecutor on business, arrived with the bill of particulars

The public prosecutor, is obliged to study the criminal case which has arrived to it with the bill of particulars, and to check up:

1) whether took a place the act, made convicted, whether contains this act the corpus delicti;

2) whether it is established on business of the bases attracting the termination of criminal case or criminal prosecution;

3) whether preliminary investigation comprehensively, full and objectively is made;

4) whether it is proved accused by proofs available in business;

5) whether it is accused on criminal actions of the convicted all by established preliminary investigation;

6) whether all persons who are exposed in committing a crime are involved as convicted;

7) whether it is correctly qualified acts convicted;

8) whether the preventive punishment is correctly selected;

9) whether measures of maintenance of the civil suit and a possible confiscation are taken;

10) whether it was carried out and interaction of the inspector with agencies in charge of preliminary investigation is how much effective;

11) whether the circumstances promoting committing a crime are revealed, and whether measures to their elimination are taken;

12) whether the bill of particulars according to requirements of item 220 of the present Code is constituted;

13) whether all other requirements of the present Code »are observed by the inspector;

16) to add with article 221.2 of the following maintenance:

«Article 221.2. The bases of returning of criminal case for manufacture of an additional consequence, change of volume of charge or qualification of actions convicted

The public prosecutor directs criminal case for manufacture of an additional consequence, change of volume of charge or qualification of actions convicted of cases:

1) odnostoronnosti or incompleteness of the spent preliminary investigation. odnostoronne or it is incomplete spent preliminary investigation which has left obscure such circumstances which establishment can have essential value at a legal investigation in court and the sentence decision admits;

2) material breach by the inspector of the criminal procedure law. Material breaches of the criminal procedure law such infringements of requirements of articles of the present Code which by deprivation or constraint of the rights of participants of process guaranteed by the law will prevent court to consider comprehensively case admit and will affect the decision of the lawful, proved and fair sentence;

3) presence of the bases for a presentation convicted other charge connected with earlier shown, or for change of charge, including because of wrong qualification of actions of the convicted;

4) presence of the bases for attraction on the given case as convicted other persons, at impossibility to allocate about them business materials in separate manufacture;

5) wrong connection or criminal case allocation ».

Article 2

To bring in the Federal act «About Office of Public Prosecutor of the Russian Federation» (in editions of the Federal act from November, 17th, 1995 N 168-FZ) (Sheets of Congress of People's Deputies of the Russian Federation and the Supreme body of the Russian Federation, 1992, N 8, item 366; Meeting of the legislation of the Russian Federation, 1995, N 47, item 4472; 1999, N 7, item 878; N 47, item 5620; 2000, N 2, item 140; 2002, N 26, item 2523; 2004, N 35, item 3607; 2005, N 29, item 2906; N 45, item 4586; 2007, N 10, item 1151, № 24, item 2830) following changes:

1) in article 29:

The name to state in the following edition:

«Article 29. A subject and supervision problems»;

To add with a part of the second of the following maintenance:

«Public prosecutors carry out supervision of execution of laws by agencies in charge of preliminary investigation and investigating agencies so that:

1) exact and steady execution of laws by all bodies and the officials who are carrying out consideration of messages on a crime and preliminary investigation of criminal cases has been provided;

2) nobody was exposed to illegal and unreasonable criminal prosecution, other illegal disablement in sphere ugolovnoprotsessualnoj activity;

3) protection of the rights and legitimate interests of all persons and the organisations which have appeared in this or that remedial quality in sphere of the criminal trial, and also protection of interests of a society protected by the law and the states »have been guaranteed.

The appendix 2

The comparative table of the basic changes in the Code of Criminal Procedure of the Russian Federation, offered in research

Hugo - article lovno - to process - alnogo the code of the Russian Federation Operating edition Offered edition
1. Part the second articles 37 2. During pre-judicial criminal proceeding the public prosecutor is authorised:

1) to check execution of requirements of the federal act at reception, registration and the permission of messages on crimes;

2) to take out motivirovannoe the decision about a direction of corresponding materials in the organ of inquiry or agency in charge of preliminary investigation for the decision of a question on criminal prosecution on the facts of the infringements of the criminal legislation revealed by the public prosecutor;

3) to demand from agencies in charge of preliminary investigation and the organs of inquiry of elimination of infringements of the federal legislation admitted during inquiry or preliminary investigation;

4) to give to the investigator written instructions on an investigation direction, manufacture of legal proceedings;

5) to agree to the investigator to excitation before court of the petition for election, cancellation or change of a preventive punishment or about manufacture of other legal proceeding which is supposed on the basis of a judgement;

5.1) to obtain on demand and check legality and validity of decisions of the inspector or the head of the organ of inquiry about refusal in excitation, stay or the termination of criminal case and to make on them the decision according to the present Code;

6) to cancel illegal or neobos -

2. During pre-judicial criminal proceeding the public prosecutor is authorised:

1) to check execution ugolovnoprotsessualnogo legislations in agencies in charge of preliminary investigation and preliminary investigation in connection with the information which has arrived to the public prosecutor on the law-breaking facts to have access to documents and materials of agencies in charge of preliminary investigation and preliminary investigation;

2) under the letter of inquiry to obtain on demand and in time, established in inquiry to receive from heads of agencies in charge of preliminary investigation and preliminary investigation criminal cases, materials of checks of messages on crimes, other documents, statistical and other data on perfect crimes, a course of inquiry, preliminary investigation and an establishment of the persons who have committed crimes;

3) to demand from heads of agencies in charge of preliminary investigation and preliminary investigation of allocation of experts for finding-out of the arisen questions, to demand from heads of agencies in charge of preliminary investigation and preliminary investigation of carrying out of checks of corresponding bodies on the materials which have arrived to the public prosecutor and references;

4) to cause for explanations concerning law-breakings of officials and citizens;

5) to check execution of requirements of the law on reception, registration and the permission of messages on crimes; at an establishment of the bases,


novannye decisions of the subordinate public prosecutor, and also illegal or unreasonable decisions of the investigator in an order established by the present Code;

7) to consider presented by the head of the organ of inquiry the information of the inspector on disagreement with requirements of the public prosecutor and to make on it the decision;

8) to participate in sessions of the court by consideration during pre-judicial manufacture of questions on election of a preventive punishment in the form of taking into custody, about prolongation of holding in custody or about cancellation or change of the given preventive punishment, and also by consideration of petitions for manufacture of other legal proceedings which are supposed on the basis of a judgement, and by consideration of complaints in an order established by article 125 of the present Code;

8.1) in the presence of the bases to initiate before court the petition for prolongation of house arrest or holding in custody term on the criminal case directed to court with the bill of particulars or the indictment;

9) to resolve the taps declared to the investigator, and also its rejections;

10) to discharge the investigator of the further manufacture of investigation if it admits infringement of requirements of the present Code;

11) to withdraw any criminal case from agency in charge of preliminary investigation and to transfer to its inspector with obligatory instructions of the bases of such transfer;

12) to transfer criminal case or materials of check of the message on a crime from one body of preliminary investigation to another (except for transfer of criminal case or materials of check of the message on a crime to system of one body anticipate - telnogo investigations) in sootvet - provided by article 140 of the present Code to initiate criminal case and to direct it for preliminary investigation or inquiry manufacture;

6) to take out motivirovannoe the decision about a direction of corresponding materials in the organ of inquiry or agency in charge of preliminary investigation for the decision of a question on criminal prosecution on the facts of the infringements of the criminal legislation revealed by the public prosecutor;

7) to take part in manufacture of any investigatory and other legal proceedings in cases when he recognises it necessary;

8) to recognise as inadmissible and to exclude from the criminal cases which are in manufacture of inspectors, investigators, the proof in the cases provided by article 75 of the present Code;

9) to demand from the head of the organ of inquiry, the chief of agency in charge of preliminary investigation, the chief of division of inquiry of elimination of infringements of the federal legislation admitted during pre-judicial manufacture;

10) to bring representations about elimination of infringements ugolovnoprotsessualnogo the legislations, the agencies in charge of preliminary investigation admitted by officials and preliminary investigation;

11) to give to the investigator written instructions on an investigation direction, manufacture of legal proceedings;

12) to give to the inspector the written

Instructions on manufacture of legal proceedings in cases: recognitions of decisions of the inspector about refusal in criminal case excitation, about criminal case excitation, about preliminary investigation stay, about the criminal case or criminal prosecution termination illegal and (or) unreasonable and cancellations of these decisions, stvii with the rules established by article 151 of the present Code, to withdraw any criminal case or any materials of check of the message on a crime at body of preliminary investigation of federal enforcement authority (at federal enforcement authority) and to transfer (their) its inspector of Investigatory committee of the Russian Federation with obligatory instructions of the bases of such transfer;

13) to approve the decision of the investigator about phase-out on criminal case;

14) to approve the bill of particulars, the indictment or the accusatory decision on criminal case;

15) to return criminal case to the investigator, the inspector with the written instructions on manufacture of additional investigation, on change of volume of charge or qualification of actions convicted or for peresostavle - nija the bill of particulars, the indictment or the accusatory decision and elimination of the revealed lacks;

16) to carry out other powers given to the public prosecutor by the present Code.

At returning of criminal case for manufacture of an additional consequence, change of volume of charge or qualification of actions convicted or peres about stavlennja the bill of particulars;

13) to give to the head of the organ of inquiry written instructions on manufacture of legal proceedings in case of a direction in the requirement organ of inquiry about elimination of infringements of the federal legislation admitted during pre-judicial manufacture;

14) to agree to the investigator to excitation before court of the petition for election, cancellation or change of a preventive punishment or about manufacture of other legal proceeding which is supposed on the basis of a judgement;

15) to cancel illegal or unreasonable decisions of the subordinate public prosecutor, and also illegal or unreasonable decisions of the investigator in an order established by the present Code;

16) to consider written objections of the inspector about disagreement with instructions of the subordinate public prosecutor, the petition of the head of the organ of inquiry for cancellation of the requirement or representation of the subordinate public prosecutor and to make on them the decision;

17) to participate in sessions of the court by consideration during pre-judicial manufacture of questions on election of a preventive punishment in the form of taking into custody, about prolongation of holding in custody or about cancellation or change of the given preventive punishment, and also by consideration of petitions for manufacture of other legal proceedings which are supposed on the basis of a judgement, and by consideration of complaints in an order established by article 125 of the present Code;

18) in the presence of the bases to initiate before court the petition about about -

dlenii term of house arrest or holding in custody term on the criminal case directed to court with the bill of particulars or the indictment;

19) to resolve the taps declared to the investigator, and also its rejections;

20) to discharge the investigator of the further manufacture of investigation if it admits infringement of requirements of the present Code;

21) to withdraw any criminal case from agency in charge of preliminary investigation and to transfer to its inspector with obligatory instructions of the bases of such transfer;

22) to transfer criminal case or materials of check of the message on a crime from one body of preliminary investigation to another (except for transfer of criminal case or materials of check of the message on a crime to system of one body of preliminary investigation) according to the rules established by article 151 of the present Code, to withdraw any criminal case or any materials of check of the message on a crime at body of preliminary investigation of federal enforcement authority (at federal enforcement authority) and to transfer (their) its inspector of Investigatory committee of the Russian Federation with obligatory instructions of the bases of such transfer;

23) to approve the decision of the investigator about phase-out on criminal case;

24) to approve the bill of particulars, the indictment or the accusatory decision on criminal case;

25) to return criminal case to the investigator, the inspector with the written instructions on manufacture of additional investigation, on change of volume of charge or qualification of actions convicted or for peresostavle -

nija the bill of particulars, the indictment or the accusatory decision and elimination of the revealed lacks;

26) to carry out other powers given to the public prosecutor by the present Code

2. Point 3 of a part of second article 38 3) independently to direct investigation course, to make the decision on manufacture of investigatory and other legal proceedings, except for cases when according to the present Code reception of a judgement or the consent of the head of the organ of inquiry is required; 3) independently to direct investigation course, to make the decision on manufacture of investigatory and other legal proceedings, except for cases when according to the present Code reception of a judgement or the consent of the head of the organ of inquiry is required. In the cases provided by the special part of the present Code, the inspector immediately, but not later than next days from the moment of the termination of the spent action or acceptance of the remedial decision, directs to the public prosecutor of a copy of corresponding reports or decisions. The given term can be reduced, if it is directly provided by the norms of the present Code regulating the procedure of separate legal proceeding or decision-making
3. Part of third article 38 3. In case of disagreement with requirements of the public prosecutor about elimination of infringements of the federal legislation admitted during preliminary investigation, the inspector is obliged to present the written objections to the head of the organ of inquiry who informs on it the public prosecutor. 3. Instructions of the public prosecutor are obligatory for execution by the inspector. In case of disagreement with instructions of the public prosecutor on manufacture of legal proceedings the inspector has the right to appeal their higher about - kuroru which decision is definitive. The appeal of instructions of the public prosecutor does not stop their execution, except for cases when they concern attraction of the person as convicted, qualification of a crime, volume of charge, election of a preventive punishment, manufacture of investigatory actions which are supposed only on a judgement, criminal case direction in court or its terminations. The higher public prosecutor, having considered criminal case and written objections sledo -
vatelja, or cancels instructions of the subordinate public prosecutor, or refuses in satisfaction of objections of the inspector and directs criminal case to the head of the organ of inquiry for the organisation of the further investigation. In the latter case the head of the organ of inquiry charges manufacture of preliminary investigation to other inspector
4. Part of fourth article 39 4. The head of the organ of inquiry considers in time not later than 5 days of the requirement of the public prosecutor about cancellation of the illegal or unreasonable decision of the inspector and elimination of other infringements of the federal legislation admitted during pre-judicial manufacture, and also written objections of the inspector on the specified requirements and informs the public prosecutor on cancellation of the illegal or unreasonable decision of the inspector and elimination of the admitted infringements or takes out motivirovannoe the decision about disagreement with requirements of the public prosecutor which within 5 days directs to the public prosecutor. 4. Requirements and representations of the public prosecutor about elimination of infringements of the federal legislation admitted during pre-judicial manufacture, are obligatory for execution by the head of the organ of inquiry. In case of disagreement with the requirement or representation of the public prosecutor the head of the organ of inquiry in time not later than 5 days has the right to appeal against the requirement or representation higher about - kuroru which decision is definitive. The higher public prosecutor in time no more than 10 days from the moment of receipt of corresponding materials or refuses in satisfaction of the petition of the head of the organ of inquiry, or cancels the requirement or representation of the subordinate public prosecutor »;

4.1. Letters of inquiry of the public prosecutor on granting of criminal cases, materials of checks of messages on crimes, other documents, statistical and other data on perfect crimes, a course of preliminary investigation and an establishment of the persons who have committed crimes, are obligatory for execution by the head of the organ of inquiry in time, established in inquiry. Acquaintance of the public prosecutor with materials and the criminal cases which are in manufacture of inspectors, at the discretion of the head of the organ of inquiry can be made in premises of organs of inquiry

5. Part of third article 3. The public prosecutor, the inspector, the investigator have the right to recognise the proof 3. The public prosecutor, and also the inspector or the investigator from the consent prokuro -
88 Inadmissible under the petition of the suspect convicted or under own initiative. The proof recognised inadmissible, does not come under to inclusion in the bill of particulars, the indictment or the accusatory decision. ra have the right to recognise the proof inadmissible under the petition of the suspect convicted or under own initiative. The proof recognised inadmissible, does not come under to inclusion in the bill of particulars, the indictment or the accusatory decision. About a proof recognition inadmissible and its exception of criminal case the public prosecutor, and also the inspector or the investigator take out the decision containing instructions on the proof, recognised inadmissible, and a conclusion substantiation about impossibility of further use of this proof
6. Part of third article 108 3. In need of election as a preventive punishment of taking into custody the inspector with the consent of the head of the organ of inquiry, and also the investigator with the consent of the public prosecutor initiate before court the corresponding petition. In the decision about petition excitation motives and the bases in which force there was a necessity for the conclusion suspected or convicted under guards are stated and election of other preventive punishment is impossible. The materials confirming validity of the petition are applied on the decision. If the petition is initiated in the relation of the suspect detained in an order, established by articles 91 and 92 present Codes the decision and the specified materials should be presented the judge not later than 8 hours before the detention expiry of the term. 3. In need of election as a preventive punishment of taking into custody the inspector with the consent of the head of the organ of inquiry, and also the investigator with the consent of the public prosecutor initiate before court the corresponding petition. In the decision about petition excitation motives and the bases in which force there was a necessity for the conclusion suspected or convicted under guards are stated and election of other preventive punishment is impossible. The materials confirming validity of the petition are applied on the decision. Simultaneously with the petition taking to court its copy, and also the inspector directs copies of applied materials to the public prosecutor. If the petition is initiated in the relation of the suspect detained in an order, established by articles 91 and 92 present Codes the decision and the specified materials should be presented the judge not later than 8 hours before the detention expiry of the term
7. Part of sixth article 108 6. In the beginning of session the judge declares, what petition comes under to consideration, explains to the persons who were in session of the court of their right and a duty. Then the public prosecutor or under its commission the person, vozbu - 6. In the beginning of session the judge declares, what petition comes under to consideration, explains to the persons who were in session of the court of their right and a duty. Then the inspector or the head it is investigatory -
divshee the petition, proves it then other persons who were in session of the court are heard. go body on the affairs investigated in the form of preliminary investigation, the public prosecutor or under its commission the investigator on the affairs investigated in the form of inquiry, proves it then other persons who were in session of the court are heard. After zaslushivanija all persons participating in session of the court, research of the materials confirming validity of the petition, and the materials given by the party of protection, the judge gives floor for the conclusion about validity of the declared petition to the public prosecutor. The drawn conclusion is disclosed by the public prosecutor and it is given to the judge in written form. In a case if the public prosecutor does not support the petition for election of a preventive punishment in the form of taking into custody, the judge ceases manufacture under the petition, for what takes out the decision
8. Part of sixth article 148 6. Recognising the decision of agency in charge of preliminary investigation, the investigator about refusal in criminal case excitation illegal or unreasonable, the public prosecutor cancels it and directs the corresponding decision to the chief of agency in charge of preliminary investigation with the instructions, establishing term of their execution. Recognising refusal of the head of the organ of inquiry, the inspector in criminal case excitation illegal or unreasonable, the public prosecutor in time not later than 5 days from the moment of reception of materials of check of the message on a crime cancels the decision about refusal in criminal case excitation about what takes out motivirovannoe the decision with a statement of the concrete circumstances which are coming under to additional check which together with the specified materials immediately directs to the head of the organ of inquiry. Recognising refusal of the head of the organ of inquiry, the inspector in criminal case excitation illegal or unreasonable, sootvet - 6. Recognising the decision of the head of the organ of inquiry, the inspector, agency in charge of preliminary investigation, the investigator about refusal in criminal case excitation illegal or unreasonable, the public prosecutor cancels it and initiates criminal case or directs materials to the head of the organ of inquiry or the chief of agency in charge of preliminary investigation for additional check with the instructions, establishing term of their execution. Recognising refusal of the head of the organ of inquiry, the inspector in criminal case excitation illegal or unreasonable, the corresponding head of the organ of inquiry cancels it and initiates criminal case or directs materials for additional check with the instructions, establishing term of their execution
stvujushchy the head of the organ of inquiry cancels it and initiates criminal case or directs materials for additional check with the instructions, establishing term of their execution.
9. Part of ninth article 172 9. The decision copy about attraction as the convicted goes to the public prosecutor. 9. The decision copy about attraction as the convicted goes to the public prosecutor not later than next days from the date of removal of the corresponding decision. The public prosecutor has the right to participate at indicting and interrogation of the convicted

Appendix Z

Results of questioning of employees of the Office of Public Prosecutor which were trained in an uchebno-methodical department of Office of Public Prosecutor of Sverdlovsk area - the inter-regional centre of vocational training of public prosecutor's workers and federal civil servants.

Questioning was spent in February - May, 2014 In questioning 88 assistants to the public prosecutors representing Offices of Public Prosecutor of 18 subjects of the Russian federation have taken part: Republic Altai, Altay territory, the Kemerovo area, Krasnoyarsk region, Kurgan area, Novosibirsk area, Omsk area, the Perm edge, Republic Khakassia, Sverdlovsk area, Tomsk area, the Tyumen area, the Ural transport Office of Public Prosecutor, Western - Siberian transport Office of Public Prosecutor, Hunts-Mansijsky independent district - Jugra, the Chelyabinsk area, Yamal-Nenets autonomous region, Baikonur.

1. Whether you necessary consider investment of the public prosecutor with following powers on supervision of remedial activity of investigating agencies, and, as consequence of it, putting on of corresponding duties on the head of the organ of inquiry, the inspector in UPK the Russian Federation:

1.1) to Consider and resolve petitions of participants of the criminal trial.

Yes, it is necessary - 16 (18,2 %);

Such necessity is not present - 69 (78,4 %);

Other opinion - 3 (3,4 %).

1.2) to Receive from court a copy of the complaint which have arrived as item 125 UPK the Russian Federation.

Yes, it is necessary - 72 (81,8 %);

Such necessity is not present - 15 (17,1 %);

Other opinion - 1 (1,1 %).

1.3) to Receive from the inspector of a copy of the petition in court about election of a preventive punishment in the form of taking into custody, house arrest, pledge, and also about carrying out investigatory and the legal proceedings which manufacture is supposed on the basis of a judgement, and also the materials proving the given petition.

Yes, it is necessary - 78 (88,6 %);

Such necessity is not present - 7 (8 %);

Other opinion - 3 (3,4 %).

1.4) to Inquire at head of the organ of inquiry materials of check of the message on a crime (being in manufacture and remedial decisions on which are accepted), criminal cases, preliminary investigation on which is suspended, ceased by manufacture, the criminal cases which are in manufacture, with instructions only on necessity of check of legality and validity of made actions and accepted decisions.

Yes, it is necessary - 65 (73,9 %);

Such necessity is not present - 22 (25 %);

Other opinion - 1 (1,1 %).

1.5) the Right after a business card presentation free to enter in territory and in premises of bodies of preliminary investigation to have access to their documents and materials, to cause for explanations of officials, graztsdan and others by analogy to the rights fixed in item 22 of the Federal act «About Office of Public Prosecutor of the Russian Federation».

Yes, it is necessary - 68 (77,3 %);

Such necessity is not present - 18 (20,4 %);

Other opinion - 2 (2,3 %).

1.6) to Participate in manufacture of investigatory actions (in case of a recognition the public prosecutor of such necessity).

Yes, it is necessary - 38 (43,2 %);

Such necessity is not present - 48 (54,5 %);

Other opinion - 2 (2,3 %).

1.7) to Initiate criminal case at cancellation of the illegal and unreasonable decision of the inspector or the head of the organ of inquiry about refusal in vozbujaedenii criminal case, and also in case of revealing by results of administrative control of requirements of the federal legislation at reception, registration and the permission of messages on a crime (item 1 ch. 2 items 37 UPK the Russian Federation) the sufficient data specifying in signs of a crime.

Yes, it is necessary - 56 (63,7 %);

Such necessity is not present - 31 (35,2 %);

Other opinion - 1 (1,1 %).

1.8) to Give to the inspector on criminal case written instructions, obligatory for execution.

Yes, it is necessary - 78 (88,6 %);

Such necessity is not present - 10 (11,4 %);

Other opinion - is not present.

1.9) to Bring representations about elimination of the law-breakings admitted by officials of investigating agencies.

Yes, it is necessary - 76 (86,4 %);

Such necessity is not present - 11 (12,5 %);

Other opinion - 1 (1,1 %).

2. As you consider, by consideration by court of the petition of the inspector about election of a preventive punishment in the form of taking into custody:

The public prosecutor has on UPK the Russian Federation the sufficient powers, allowing to provide observance of legality and to guarantee the rights and freedom of participants of the criminal trial - 38 (43,2 %);

The public prosecutor is necessary for according a right to withdraw the petition of the inspector in case the public prosecutor comes to conclusion, that the bases for election of the given preventive punishment are not present - 15 (17,1 %);

The court is obliged to cease manufacture under the petition if the public prosecutor the given petition does not support - 6 (6,8 %);

On the petition the public prosecutor should give to the inspector the consent and bear, accordingly, all completeness of responsibility for validity of the reference - 24 (27,2 %);

The public prosecutor should not participate in consideration of the given petition since to approve and support in court the given petition the head of the organ of inquiry - 5 (5,7 %) should;

Other opinion - is not present.

3. The public prosecutor has the right to recognise the proofs received with infringement of requirements UPK the Russian Federation and federal acts, inadmissible:

Only at acquaintance with materials of the criminal case which has arrived with the bill of particulars - 26 (29,5 %);

At any stage of the criminal trial in the presence of good causes - 62 (70,5 %);

Other opinion - is not present.

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A source: Spirin Alexander Vladimirovich . The powers of the prosecutor to supervise the procedural activities of the preliminary investigation bodies: questions of theory, practice, legislative regulation. Thesis for the degree of candidate of legal sciences. Ekaterinburg - 2014. 2014

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