Category of Object in the Theory of Prosecutorial Activity: Theoretical and Applied Aspects
Abstract
The article discusses the problem of determining the object of prosecutorial activity, taking into account the current level of development of legal science, federal legislation, development of supervisory and non-supervised activities. The subject of the research are the normative acts regulating the activities of the prosecutor, the conclusions of researchers on the issues of determining object of prosecutorial supervision and prosecutor's activities, the content of legal relations with the participation of the prosecutor. The purpose of the study is to explore the characteristics of the object for academic purposes and practical prosecutorial activities. At present, the theory has not developed a consensus on the subject of the prosecutor's activity; various approaches and concepts are proposed that are not without flaws. In this regard, the article defines and substantiates approaches to determining the content and essence of the object in relation to prosecution activities as a practice, science, for research. The content of legal relations with the participation of the prosecutor within the supervisory and non-supervisory functions of the prosecutor's office of the Russian Federation has been analyzed. For a detailed acquaintance with the opinions of scholars, the article analyzed a brief way of establishing views on the studied issue in the legal science of the Soviet period and in modern times. The conclusion is made about the need to separate the object of legal relations with the participation of the prosecutor and the object of prosecutorial activities. The authors support the view that the object of prosecutorial supervision is the behavior, actions, decisions of the supervised entities. The bodies, organizations, and their officials inspected by the prosecutor are subjects of legal relations with the participation of the prosecutor, but not the object of supervision. As a result of the research, it is proposed to consider the activity of the subjects of legal relations, the specific subject of which is the prosecutor when exercising the relevant non-supervising powers, as the object of nonsupervision activities of the prosecutor. The object of prosecutorial activity as a whole is also determined. The study of the formulations of the object of study in dissertations devoted to prosecution activity led to the conclusion that at present there are no common positions in the formulation of the object and subject of research, which requires that home researchers pay more attention to this problem.
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