PROCEDURAL PARTICULARS OF ADOPTING A DECISION ON THE APPLICATION OF REMOVAL FROM OFFICE

Abstract

In the article, the author considered certain procedural aspects of decision-making on the application of suspension from office. The concept of ‘application’ in the context of measures to ensure criminal proceedings is considered. It was established that the term ‘application’ in the context of measures to ensure criminal proceedings, including removal from office, actually implies a complex approach, which includes both the selection of a specific coercive measure and its direct application. The author notes that making a decision on the expediency of applying to a person the very removal from the position of investigator, prosecutor depends to a certain extent on his criminal procedural competence. It is indicated that the analysis of the criminal procedural legislation shows that removal from office can be carried out both at the stage of pre-trial investigation and directly during court proceedings. The existence of procedural differences in the procedure for applying removal from office to a person depending on the stage of criminal proceedings is substantiated, in particular, at the stage of pre-trial investigation, the prosecutor, the investigator, in agreement with the prosecutor, apply for removal from office to the investigating judge, at the stage of court proceedings directly to the court. It is argued that it is inexpedient to submit in the motion for removal from office at the stage of court proceedings information containing a statement of the circumstances that give grounds to suspect a person of committing a criminal offense, since the indictment contains information about the circumstances of the commission of the criminal offense and the involvement of the person in its commission, which are substantiated by arguments, and with which the court familiarizes itself in the preparatory court session. The author emphasizes the importance of the criminal procedural regulation, the possibility for the inquirer, upon agreement with the prosecutor, during the investigation of criminal offenses and in the presence of reasonable grounds, to file a petition for the application of a person's removal from office.