Маргарита Горовцова
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Генеральная прокуратура РФ разместила для обсуждения соответствующий проект1. Он должен заменить действующий приказ Генеральной прокуратуры РФ от 28 декабря 2016 г. № 826 «Об организации прокурорского надзора за процессуальной деятельностью органов предварительного следствия».
Периодичность выездов в следственные органы для осуществления надзора сохранится (не реже одного раза в месяц). Но источников информации стало больше: при проведении проверок прокуроры должны будут учитывать сведения медицинских и иных учреждений и организаций, а также информацию из Интернета.
Как и сегодня, проект приказа ориентирует прокуроров обращать внимание на соблюдение срока, в течение которого следователь должен направить в прокуратуру копию постановления об отказе в возбуждении уголовного дела (ч. 4 ст. 148 УПК РФ). Существенным нарушением будет задержка более чем на 24 часа, такие же правила действуют в настоящее время.
Новая обязанность прокуроров – отслеживать немотивированные отказы заявителей от возбуждения уголовного дела. В этом случае прокурор должен будет связаться с заявителем и получить от него объяснение. Личная встреча при этом не обязательна, достаточно звонка.
Прокурорским работникам предписано также пресекать случаи возбуждения уголовных дел по факту при наличии данных о совершении деяния конкретным лицом.
Если прокурор отменил незаконное или необоснованное постановление о возбуждении уголовного дела, он должен будет незамедлительно информировать об этом вышестоящего прокурора с приложением копий соответствующих процессуальных документов.
Отдельно подчеркивается, что в необходимых случаях прокуроры должна предъявлять гражданские иски в рамках уголовного производства (ч. 3 ст. 44 УПК РФ).
Кроме того, прокуроры должны будут следить за тем, чтобы уголовное преследование не превращалось в средство давления на предпринимателей и инструмент решения хозяйственных споров.
Прокурорам также предписывается принципиально реагировать на практику подмены процессуальных решений о продлении срока предварительного следствия путем его приостановления с последующим возобновлением.
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1 С текстом проекта приказа Генерального прокурора РФ «Об организации прокурорского надзора за процессуальной деятельностью органов предварительного следствия» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 04/15/08-21/00119443).
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