Mechanism of the prosecutor’s implementation of the function of accusation in proving in the pre-trail investigation of corruption crimes

The scientific article defines the mechanism of implementation by the prosecutor of the function of prosecution in proving corruption crimes in the pre-trial investigation as a complex interacting system of processes that has a normatively defined legal form, phasing and is implemented by the prosecutor to objectively and fully establish the subject of evidence in corruption crimes, bringing the perpetrators to justice and / or applying other measures of a criminal law nature. The purpose of the article is to define the concept and structure of the mechanism of implementation by the prosecutor of the function of prosecution in proving corruption crimes in the pre-trial investigation. It is established that the category «mechanism for the prosecutor to exercise the function of prosecution in proving corruption crimes in the pre-trial investigation» is disclosed through a system of other interrelated and interdependent legal categories and is structured. The structural structure reveals the essential side of the implementation mechanism, reflects the unity and diversity of all its constituent elements. In turn, each of the components of the structure can be considered as a separate legally significant category. It is proved that the characteristics of certain elements of the structure of the mechanism will ensure the formation of a holistic and systematic view of the mechanism of implementation by the prosecutor of the function of prosecution in proving corruption crimes in the pre-trial investigation. According to the analysis of the case law of the European Court of Human Rights, the Court has determined in its decisions the minimum guarantees to be set out in law in order to avoid violating the rights of the person under the Convention in prosecuting evidence in pre-trial evidence; a list of such guarantees is defined. It is emphasized that the stage is a functional element of the mechanism of implementation by the prosecutor of the function of accusation of proof in pre-trial investigation, which is defined as the procedure for the prosecutor to perform various procedural actions. The structural elements of the mechanism for the prosecutor to exercise the function of accusation in proving corruption crimes in the pre-trial investigation are defined as: the legal form of consolidating the procedure for the prosecutor’s function.