The prosecutor's office is one of the most interesting legal systems in modern Russia. This is a kind of totality of bodies exercising the highest supervision of compliance with the law. Moreover, the prosecutor’s office does not belong to any branch of state power; it is a separate and independent structure. Our material will describe in detail the concept, directions and branches of prosecutorial supervision.
General characteristic of supervision
To begin with, a brief description should be given of the main authority of the prosecution authorities. Supervision is a form of activity for the preservation of the rule of law, as well as the search, elimination and prevention of violations of the rule of law. There are several areas of prosecutorial supervision:
- the implementation of functions by federal departments and ministries, state bodies and local authorities;
- for the implementation of the laws by the authorities that implement the inquiry, search and investigation;
- supervision of the observance of freedoms, rights, as well as the legitimate interests of a person;
- for the enforcement of laws by administrations and authorities that execute sentences imposed by a court.
In addition to the implementation of the above-mentioned areas of prosecutorial supervision, individual officials participate in the consideration and resolution of civil complaints and appeals.
If cases of violation of the law have been identified, then, as part of the supervision, prosecutors proceed to the next stage of their activity, called response. The response includes four activities: presentation, protest, warning and regulation. The prosecutor has the opportunity to apply to the court with a statement of claim in order to protect the rights of a particular citizen or an indefinite number of people.
The main activities of prosecutorial supervision should not be confused with the control of legality, which is carried out by other authorities. Control is always more voluminous and wider than supervision; it incorporates the opportunity not only to raise the issue of eliminating violations, but also directly eliminate them using imperious methods.
In short, the main areas of prosecutorial supervision include only raising the issue of existing or potential points of non-compliance with the law, as well as the availability of proposals for their elimination. The prosecutor’s office does not have real powers to eliminate violations.
The specifics of the prosecutorial supervision procedure
The areas of activity of the bodies in question do not include the functions of implementing legal control. The prosecutor's office has a number of features that make it possible to understand the specifics of its powers. Firstly, the authorities do not have any administrative functions. As a result of this, direct intervention in the organizational and operational-economic activities of other bodies will be contrary to the law.
Secondly, the main directions of the function of prosecutorial supervision do not include the elimination of an open violation. The authorities in question are obliged only to detect the fact of non-compliance with the law, make it public and record it in documents. Further, the case must be referred to a court or the appropriate state body.
There are, however, some exceptions. The prosecutor's office is capable of overseeing the investigation of criminal cases and partly over the procedure for the execution of sentences. In this case, the prosecutor has some authority, but again, using the method of publicity, they can exercise them.
Finally, thirdly, prosecutors act on behalf of the federal state. The entire system of organs under consideration has a holistic, indivisible and unitary character. Subordinate bodies are directly subordinate to the central administration. As a result, the implementation of the main areas of the prosecutorial supervision industry is quite effective and simple.
The subject and object of supervision is the activity of bodies exercising control. A certain system is being built, which includes checks and balances.
So, in view of the peculiarities of their activity, the prosecutor’s bodies unite the efforts of controlling bodies: central, regional and local. The prosecutor himself oversees the implementation of all regulatory acts in force in the territory of modern Russia. All areas of prosecutorial supervision come down, one way or another, to ensure the rule of law. This phenomenon includes the totality of normative acts, the procedure for their implementation, as well as liability for the violation of the law.
Rule of Law Supervision
Legality is a powerful social regulator, a disciplining factor that requires strict adherence to social and state discipline. Legality contributes to the growth of civic activism, keeps them from lawlessness and arbitrariness.
Prosecutorial oversight of uniform and accurate compliance with laws extends to the voluminous sphere of public, state and private activities. A variety of spheres necessitates isolation in the framework of a single essentially supervising certain areas and participants. Moreover, the object of supervision, legality, receives "specialization" taking into account the specific work of the supervised object. This, for example, compliance with environmental laws, supervision in prisons, etc.
To analyze the first area of activity of prosecutorial supervision, it is necessary to refer to article 21 of the Federal Law "On the Prosecutor's Office of the Russian Federation." It says that the Prosecutor General and officials subordinate to him should oversee the implementation of laws by federal, representative, executive, military and other departments. The subject of supervisory activity includes ensuring the legitimacy of various enterprises, regardless of their subordination, structure, nature of activity, etc.
The first task in this direction is to maintain and ensure the norms of the current Constitution of the Russian Federation and other normative acts. Another important function is to ensure uniform and accurate enforcement of laws by citizens and officials.
For the implementation of the two tasks presented , prosecutors are vested with sufficiently extensive powers. For example, they can freely enter the territory of service organizations, have access to private documents and materials, get acquainted with information and facts of offenses, etc.
When a criminal act is established, the prosecutor initiates a criminal case or begins an administrative violation proceeding. When unlawful phenomena are detected, the prosecutor issues relevant acts. According to the Federal Law "On the Prosecutor's Office of the Russian Federation", the protest, representation and resolution are referred to the direction of prosecutorial supervision in the Russian Federation under consideration.
Protest - what is it?
As already mentioned, the most important area of activity of the employees of the system in question is the study of normative acts with a view to legality. If the prosecutor discovers a legal act that contradicts or does not comply with constitutional norms and is formed by state authorities, local authorities, public organizations or local enterprises, a protest will be issued - a document testifying to the illegality of the issued act.
The protest is issued both by the prosecutor and his immediate deputy. At the same time, prosecutors form acts within their powers. So, an employee of a specific district in a particular region can make a protest only in his own territory, and the prosecutor general - in the whole country.
The protest is subject to mandatory analysis in the first ten days from the date of its receipt by the court. If it is submitted to the representative body of the region or the local government, then consideration is required at the next meeting. In exceptional cases, when some regulatory act may harm citizens, the prosecutor is able to demand consideration of the protest as soon as possible.
The results of the protest are reported to the prosecutor. A written document is prepared in which the results of the analysis are reported. It should also be noted that the prosecutor may withdraw his protest at any time. Only the direct author, and not any employee of the prosecutor's office, is capable of recalling. This rule was established recently. It is necessary for the preservation and qualitative development of the protest filing procedure as the main direction of prosecutorial supervision. The legal independence of each employee must be maintained. It will affect the reduction of possible corruption and abuse of power.
Representation
According to Article 24 of the Federal Law "On the Prosecutor's Office", the second direction of prosecutorial supervision is submission. This is a legal act to eliminate violations of the law, the causes of possible violations and the conditions that contributed to them. The submission is submitted to a state or public authority to eliminate existing violations and create conditions that would ensure the steady implementation of laws in the future.
Each prosecutorial submission is subject to immediate review. Within a month, all measures should be taken to eliminate violations of the law, as well as the conditions and reasons that could contribute to them. The results of the consideration of the submission must be reported in writing. Also, the document may include the requirements of prosecutors to hold individuals accountable - material, disciplinary or administrative. Special regulations to institute prosecutions in this case are not required.
The prosecutor may participate in meetings that were formed due to his representation. During meetings, he has the right to express his point of view, present evidence, etc.
The submission may contain materials that served as the basis for the initiation of the entire office work. There may also be the results of the audit, analysis of information on compliance with the law, final data on the progress of the investigation of the crime, the name and characteristics of the violated law, a statement of the reasons and conditions that contributed to the violation, measures to prevent the law, etc.
Regulation and Caution
The third type of document issued by an employee of the prosecutor's office in the process of implementing the main area of the prosecutorial supervision industry is referred to as a resolution. This is a reasoned decision to start an administrative or disciplinary offense. The decision is subject to consideration by an authorized body or official within the time period established by law. The prosecutor is informed in writing of the outcome of the review.
Article 25 of the Federal Law "On the Prosecutor's Office of the Russian Federation" regulates the adoption of the resolution. It says that the decision should contain the name of the document being formed, as well as the time, place, date and name of the drafter. The document also indicates the legal justification of the responsibility of the official, the proposal of the prosecutor to consider the decision within the time period specified in the law, an indication of the violated law, the position and class rank of the prosecutor, as well as his signature. In some cases, a criminal judgment may be issued. It should be guided by Article 112 of the Code of Criminal Procedure.
How is a ruling different from a submission? If the first form has as its goal the requirement of direct liquidation of violations, then submission is a response to possible or potential moments of non-compliance with the law. It is focused on the preventive role of the document or any phenomenon. However, this does not always work. A submission may well be made to eliminate existing deficiencies, that is, the causes and conditions of violation of the law. The requirements set forth in the submission must be fully implemented and as soon as possible. If they are not complied with, then the prosecutor’s office forms a decision to initiate proceedings.
Thus, the decision and representation are similar, but independent from each other documents. It is not necessary that the prosecutor form them one by one. Everything will depend on the specific situation and the severity of the violation.
The concept and branches of prosecutorial supervision are multifaceted. In advance, several types of documentation were generated, the specific forms of which can be used to resolve a particular situation.
The final form of prosecutorial response is caution. In this case, the prosecutor or his substitute draw up a document in writing, in which they report on the inadmissibility of a violation of the law. In case of failure to comply with the requirements set forth in the warning, the person to whom the document was received may be held liable in accordance with the law of the Russian Federation. Moreover, the person himself is already the subject of prosecutorial supervision - the direction of the prosecutor's office.
Most often, warnings are issued to people who repeatedly commit offenses, most often similar or identical. For example, a citizen engages in illegal political campaigning. For this, sanctions are imposed on him, and after that a warning is issued to prevent the recurrence of unlawful acts.
Civil Rights Oversight
Having dealt with the main forms of response, a little more attention should be paid to the concept and main directions of prosecutorial supervision. A significant role here is played by the procedure for monitoring the observance of freedoms, interests and human rights of a citizen. In the process of performing this task, prosecutors examine and verify complaints, messages and statements about the oppression of human rights and freedoms. The victims are explained the procedure for protecting their rights and freedoms, measures are taken to prevent and combat violations, the perpetrators are held accountable. Moreover, the prosecutor himself acts strictly within the framework of his authority.
What forms of response are used in the described case? Most often this is a protest and performance. A protest is submitted to an act that violates the rights and freedoms of citizens. So, at the same time, the direction of prosecutorial supervision of the implementation of laws is being implemented. The submission is aimed at eliminating already committed violations, as well as at creating conditions conducive to preventing further moments of non-compliance with laws.
So, what about the areas of prosecutorial supervision? These are interconnected goals, namely the supervision of order and the rule of law. The subject of supervision is the observance of human rights and freedoms, the implementation of operational-search measures, investigations, the receipt of applications and other actions specified in Article 29 of the Federal Law "On the Prosecutor's Office of the Russian Federation."
Supervision of the investigation and execution of sentences
In the framework of such a direction of the sub-branch of prosecutorial supervision as ensuring the rights and freedoms of man and citizen, another important function should be highlighted. This is supervision of the investigation and inquiry procedures, as well as ensuring the rule of law in the enforcement of court decisions.
There are several prosecutorial acts that apply during the supervision of inquiry and investigation. Here are the highlights:
- Indication - an appeal from a prosecutor issued in writing in connection with an investigation or initiation of proceedings. It is mandatory for the investigator and the inquirer. Disagreement with the issued instruction is equivalent to a refusal to perform work.
- Approval - used by the prosecutor in cases where the investigating or inquiry body needs to accept an indictment. The prosecutor, in fact, agrees with the results of the work of the authorities.
- Sanction - the consent of the prosecutor to restrict the constitutional rights or legitimate interests of the accused or suspect. It can be in the form of dismissal, disqualification, detention, etc.
- Submission - a request of an employee of the prosecutor's office submitted to a state or public authority to take measures to eliminate violations of the law.
- Resolution - a decision to initiate paperwork.
The implementation of all the powers presented above will allow to implement the main areas of prosecutorial supervision.
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When investigating criminal acts with the permission of the prosecutor, certain data may be made public that are acquired by the investigator. Speeches with the help of the media - print, television or radio - will contribute to the speedy disclosure of crimes, as well as the detection of the persons who committed them.
The principle of publicity has another important aspect - taking into account the opinions of society. Criticism of certain points in the work of the prosecutor’s office should be used to improve it, to prevent bureaucracy of the entire prosecutor’s structure.
So, compliance with all the above principles contributes to the speedy modernization of the entire system, legal concepts and areas of prosecutorial supervision.