INFORMATION BASIS OF THE METHODOLOGY OF PUBLIC PROSECUTION SUPPORT: DEBATABLE ISSUES

Abstract

The article deals with some controversial issues of the information basis of the methodology of public prosecution. The author analyzes the point of view of its components and expresses the opinion that the named basis should be considered in its narrow and broad content. In the first case, it includes the materials of the criminal case, which will support the state prosecution. In second case, its information base is represented both by the materials of the criminal case and once by clarifications of the higher courts of the Russian Federation, by the materials of the synthesis of judicial practices in cases of similar crimes, as well as by the practice of participation of prosecutors in their consideration and other information. There is doubt about the appropriateness and ability to consider the tipical criminalistic charactrristics of crimes of certain types as components of the information basis of the methods of maintaining state prosecution in criminal cases about them in court. To analyze and evaluate the comprehensiveness, completeness and objectivity of the investigation on, the prosecutor, along with knowledge of judicial practice, court approaches to the examination of cases of crimes of certain types, needs more knowledge of private investigation methods. The latter are developed at a typical level and are systematized aggregates of investigative and other actions grouped into complexes (blocks) designed to establish the interrelated circumstances of the subject of evidence in cases of crimes of certain types. Attention is drawn to the fact that there convincing arguments in favor of including a typical criminalistic charakteristic of a crime among the components of the information basis for maintaining state prosecution, Th materials obtained by the author additionally indicate the fallacy of such judgments.