SCIENTIFIC AND THEORETICAL FOUNDATIONS OF THE CLASSIFICATION OF PROSECUTORIAL LEGAL INSTRUMENTS

Abstract

This article investigates the theoretical and scientific foundations, essence, and systematization of the prosecutor's legal means. The author conducts a comparative analysis of approaches by national and foreign scholars regarding the classification of these means, categorizing them into two primary groups. The classification criteria proposed by prominent legal scholars, such as A.Davletov, E.Ergashev, N.Koreshnikova, A.Marinicheva, S.Filipenko, and others, are discussed in detail, incorporating scientific debates on specific points. The non-supervisory instruments of the prosecutor are also analyzed by dividing them into procedural non-supervisory instruments and non-procedural non-supervisory instruments. Based on the research findings, the author proposes an original classification that systematizes the prosecutor's legal means according to their purpose, functional attribution, source of regulatory framework, and form of expression. The study also analyzes the classification of prosecutorial legal instruments according to their purpose into instruments aimed at identifying violations of the law, the causes of their occurrence, and the conditions facilitating such violations, as well as instruments intended to respond to and address the identified violations of the law. Furthermore, prosecutorial legal instruments are classified, according to their form of expression, into actions prescribed by law (for example, prosecutorial inspections) and documents (such as prosecutorial oversight documents and other related prosecutorial acts).