The senior operational authorized representative of the Department for Combating Economic and Tax Crimes (NECS) of the N-th regional department of the interior, referring to the federal law on operational-search activity and article 143 of the CPC, informed the head of the department with his report that the mined as a result of the operational of search measures, information allows and requires immediate initiation of criminal proceedings against businessman A. and tax inspector B., who are in conspiracy to evade A. from paying taxes for a bribe. The head of the OBEPS agreed, approved the decision to initiate a criminal case, which was issued by the senior investigator and submitted it (the decision) along with some open materials and the report of the operative to the prosecutor, asking for his consent to initiate a case and carry out urgent investigative actions in accordance with article 157 Code of Criminal Procedure. He refused, indicating that the decision to institute criminal proceedings in the Internal Affairs Directorate was made by inappropriate officials.
Is the prosecutor right?
If right, then who should have instituted criminal proceedings in this situation?
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