Features of the prosecutor’s procedural guidance during the investigation of criminal offences in the field of official activity
Year: 2024
Type: article
Abstract: The purpose of this study was to analyse the key aspects of the prosecutor’s procedural powers within the framework of pre-trial investigation of criminal offences under Articles 364-370 of the Criminal Code of Ukraine. To fulfil this purpose, various methods were employed, including system-functional, formal legal, logical and dogmatic, modelling, classification, comparative legal, and statistical methods. It was found that the prosecutor is vested with broad powers in the procedural guidance of pre-trial investigation, supervising the implementation of procedural actions and providing relevant instructions. The study emphasised the necessity of improving the skills of law enforcement agencies in investigating white-collar and corruption crimes, which is critical for effective counteraction to offences. It was indicated that crimes in the field of official activity are often associated with abuse of office to influence investigators and other participants in criminal proceedings, including prosecutors and heads of pre-trial investigation bodies. The study analysed the practices of the USA, Brazil, Bulgaria, and Hungary regarding the regulation and specifics of prosecutors’ work in the investigation of such offences. It was summarised that the US practices with grand juries can ensure further verification of evidence, Brazil’s practices with AI-ACT can increase the transparency of processes, while Bulgaria’s practices of transferring cases to specialised courts can reduce corruption risks. However, adapting these practices in Ukraine will require the consideration of the specific features of the national legal system. Thus, the practical significance of this study lies in the possibility of using its findings for the qualified implementation of international practices in the organisation of the prosecutor’s procedural guidance during the investigation of white-collar crime
Author: Oleksandr Amelin
Institution: Interregional Academy of Personnel Management
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4406735774