SK suggested to improve the procedure for appealing against decisions of the prosecutors

© RIA Novosti / Michael Voskresenskiye in photobacteria of the Investigative Committee of the Russian Federation. Archival photoSK suggested to improve the procedure for appealing against decisions of the prosecutors© RIA Novosti / Michael Voskresenskiye the image Bank

The investigative Committee of Russia has developed the draft Federal law on amendments aimed at improving the procedure of appealing against decisions of the Prosecutor, said the official representative of Department Svetlana Petrenko.

According to her, for 8 months of this year investigators have issued more than 97 thousand resolutions on initiation of criminal cases reversed by the courts, the prosecutors — 260, that is 0.27 percent. According to Petrenko, the main reasons are the different approaches of the prosecution and of the bodies of preliminary investigation to the evaluation of the collected materials and the determination of the sufficiency of grounds for initiating a criminal case.

«While in 192 cases, investigators petitioned for the cancellation of the specified decisions, 72 requests were satisfied… the Failure of the superior Prosecutor the petition investigators about the cancellation of the mentioned decision is caused, as a rule, conclusions about the absence at the moment of excitation of criminal case are sufficient data indicating signs of a crime», — said Petrenko.

She added that at the same time, much of the decision about excitation of Affairs, including reports of crimes against socially unprotected categories of citizens, minors, as well as on the facts of nonpayment of wages, because of the need for appropriate investigative action as the most effective form of verification. As noted Petrenko, such a conclusion repeatedly confirmed in decisions of hierarchically superior prosecutors the satisfaction of the relevant applications of the preliminary investigation.

«At the same time, often investigators are forced to withdraw from the appeals of the Prosecutor in connection with the failure of the statutory period for approval of the petition of the investigator with the upstream head of the investigative body and study of the materials of the criminal case in the apparatus upstream of the investigating authority to assess the validity of the arguments of the investigator» — said the representative of the UK.

She noted that this is especially a problem for investigators, located at a considerable distance from the center of the RF subject.

According to Petrenko, the UK has prepared a draft Federal law «providing for measures to improve the appeal of the specified decisions of the public Prosecutor». The project is aimed at the General Prosecutor’s office for approval.