On the Impartiality of the Prosecutor in the Courts of the Russian Empire (Normative Regulation and Practice of Implementation)
Анотація
The article deals with theory, normative regulation and practice of implementing the principle of impartiality when supporting prosecution by the Prosecutor’s office in the courts of the Russian Empire after the judicial and military-judicial reforms of 1864 and 1867. The Prosecutor’s office was organized on the principle of subordination of lower-level prosecutors to higher-level ones. However, this principle did not apply during the trial in which the Prosecutor enjoyed procedural independence, which created conditions for an objective assessment by the prosecutor of the evidence available in the case. The author analyzes the grounds, practice and consequences of prosecutors’ refusals from the prosecution, as well as the attitude of the Prosecutor’s superiors to them. Also shown are violations of the prosecutor’s impartiality principle in court.
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