Problematic issues of participation the prosecutor and the head of the investigative body in the criminal procedure appeal

The implementation of the criminal procedure appeal is directly determined by the object, subject, boundaries, as well as those rules that establish the procedure for the activities of the participating entities. The appeal of procedural actions (inaction) and decisions can take place exclusively in the criminal procedural field. However, law enforcement practice and science demonstrate ambiguous approaches to the powers and procedure of the prosecutor and the head of the investigative body in the field of appeal. At the same time, only the prosecutor can independently submit submissions (in fact, complaints) against court decisions [5], decided in pretrial proceedings.

The purpose of the study is to identify problematic aspects of the procedural regulation of the status of the prosecutor and the head of the investigative body in the criminal procedure appeal in pretrial proceedings and the formation of the author's vision of ways to solve them.

The objectives of the study were: the study and analysis of individual provisions of the criminal procedure law defining the purpose, procedural tasks and the totality of the powers of the prosecutor and the head of the investigative body in the criminal procedure appeal in the pre-trial stages; research and generalization of law enforcement practice in terms of determining the most complex issues that do not have an objective authorizations; formulation of proposals to improve legislation and practice of participation of the prosecutor and the head of the investigative body in the criminal procedure appeal.

The methods of research are traditional methods of obtaining, studying and evaluating information of a theoretical, legislative and practical nature: dialectics, analysis (functional, systemic, logical), synthesis, generalization, modeling, comparative law.

The results of the study: a set of new knowledge about the essence and content of the procedural position of the prosecutor and the head of the investigative body in the framework of criminal procedural appeal, author's proposals and recommendations aimed at improving the criminal procedural law, optimizing law enforcement practice.

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