The prosecutor's office, whose functions and tasks will be discussed later, does not apply to the judicial system. Work in its institutions and divisions is a type of federal civil service. The bodies of the prosecutor's office solve problems aimed at monitoring compliance with legislation in force in the country. They are called upon to protect the freedoms, rights of citizens, and the interests of the state and society. Let us further consider the tasks of the prosecution authorities, as well as the principles on which their work is based.
Key areas
The concept and tasks of the prosecutor’s office are enshrined in the Federal Law No. 2202-1. 1 article of the regulatory act defines key areas of work. The goals and objectives of the prosecutor's office are reduced to ensuring:
- The rule of law.
- Protection of freedoms, human rights and citizen.
- Strengthening and unity of the law.
- Protection of state and public interests.
The first and second directions are considered priority. At the same time, it is unacceptable to contrast the human rights tasks of the activities of the prosecutor's office with the protection of state and public interests. Without ensuring the latter, the protection of the freedoms and rights of the population cannot be guaranteed. The objectives of surveillance can be divided into final and immediate. The first include the adoption of measures to identify a specific violation of the interests of citizens and their restoration. The end result is the creation of conditions that exclude non-compliance with the law.
Tasks of the prosecutor's office of the Russian Federation
They are formulated in constitutional provisions, Federal Law No. 2202-1, instructions and orders, and other regulatory acts. The tasks of the prosecution authorities are related to ensuring the uniform and precise observance of laws by federal services, ministries and other institutions of power, regional and territorial structures, military management and control units, their employees, administrations and heads of organizations. In each industry, the line of work raises specific questions and problems. They are divided into private and general. All of them are connected with each other, their implementation is interdependent. The special and general tasks of the prosecution authorities are enshrined in the Constitution, legislation and other acts governing individual elements of supervision and other work of the institute. Private problems are quite numerous and varied. They appear in the specific conditions of the institute.
The main tasks of the prosecutor's office
As part of the supervision of compliance with regulatory requirements, officials primarily verify the compliance of published legal documents with the Constitution, Federal Law, and Presidential Decrees. The tasks of the prosecutor's office include:
- Protection of the interests and rights of organizations and citizens who have become victims of crime, the individual from unreasonable and unlawful accusations, restrictions on freedoms, conviction.
- Ensuring strict implementation of the provisions of the CPC when detaining suspects.
- Compliance with the law in the application of preventive measures and prosecution under the articles of the Criminal Code.
- Compliance with regulatory requirements and orders of the Prosecutor General on an objective, comprehensive and complete study of the circumstances of the case.
As part of the supervision of compliance with the legislation, the administrations of the institutions that carry out the execution of sentences, coercive measures prescribed by the court, inspect the following:
- Lawfulness of the presence of citizens in places of pre-trial detention, detention of detainees, correctional and other institutions.
- Respect for the rights and obligations of convicted, imprisoned, detained and subjects subjected to coercive measures established by regulatory enactments, ensuring conditions and the procedure for their maintenance.
Participation in criminal proceedings
As part of the consideration of cases, the following tasks of the prosecutor's office are implemented:
- Ensuring compliance with the requirements of the legislation on objective, comprehensive, full, timely proceedings in all instances.
- Qualified maintenance of public prosecution.
- Assistance to the court in making a sound, lawful, fair decision in each case.
- Making submissions on sentences to the appellate, supervisory, cassation instance.
Civil proceedings
As part of the consideration of disputes, the tasks of the prosecutor's office include:
- Ensuring the requirements of the legislation on a full, comprehensive and objective consideration by the court of the circumstances of the case, assistance in making a justified, fair, lawful decision.
- Timely adoption of measures stipulated by the norms to eliminate violations, no matter who they come from.
- Participation in civil disputes in cases stipulated by law.
- Appeal to the courts of general jurisdiction with statements on the protection of the interests and rights of organizations, the state and citizens. Legislation specifically stipulates the relevant cases.
- Submission of representations to the appellate supervisory, cassation instance to ensure the validity, legality and fairness of acts issued by courts of general jurisdiction.
Arbitration Processes
The tasks of the prosecutor's office in the proceedings of economic disputes include:
- Participation in proceedings in the first instance. The legislation establishes cases where the involvement of officials is mandatory. As part of the arbitration proceedings, prosecutors ensure the strengthening of the rule of law, the prevention of violations in the economic sphere, and the protection of public and state interests.
- Preparation and submission to the courts of applications, claims to eliminate and suppress illegal actions in the economic sphere.
- Timely contesting in appellate and cassation instances the rulings, decisions, rulings on arbitration proceedings, instituted at the request of prosecutors, and cases in which they participated in the first instance.
Executive production
The tasks of the prosecutor's office also include overseeing the work of bailiffs. In particular, officials:
- Ensure the validity of the implementation of procedural law governing the accuracy and timeliness of the execution of court acts in civil, criminal, arbitration proceedings.
- Check the legality of the decisions.
- They control the lawfulness of the use by the bailiffs of weapons and other special means, their observance of the freedoms and rights of citizens in the implementation of coercive measures, and the implementation of measures to maintain public order in the office premises.
Work principles
The Russian prosecutor’s office forms a single centralized federal system of institutions and units. Powers are exercised on the basis of vertical subordination. The prosecution authorities carry out tasks independently of federal, regional, territorial institutions of power, public organizations in strict accordance with regulatory requirements. Officials exercise their powers publicly to the extent that legal acts on the protection of freedoms and interests of citizens, on state and other protected secrets allow this.
Limitations
Investigators and prosecutors have a special status. He imposes corresponding restrictions on them. In particular, these persons cannot be members of public associations of a political orientation, or participate in their work. The formation of such organizations in the institutions of the prosecutor's office is not allowed. In addition, employees cannot combine core work with other paid or paid occupations. Exceptions are teaching, scientific, creative activities.
Independence
The law prohibits any interference with prosecutorial supervision. Any impact of power structures, public organizations, the media, their officials and representatives to influence decisions or create obstacles to the work of employees implies responsibility. Prosecutors are not obliged to give any explanations on the merits of cases in their proceedings, to provide materials to someone for review, except in cases expressly stipulated by law. Officers are not bound by decisions taken by public associations. No one may disclose information about the preliminary investigation and inspections before their completion without the permission of the employees. Failure to comply with the requirements of the prosecutor arising from his authority, evasion of appearance on call entail liability defined by law.
Rights
To accomplish tasks, prosecutors can participate in meetings of bodies of representative and executive authorities of the federal and regional levels, as well as territorial structures of power. They may be involved in the examination of protests and submissions made by them. The Prosecutor General and employees subordinate to him coordinate activities aimed at combating crime of the bodies of the VD, the FSB, the Federal Customs Service and other law enforcement agencies. To ensure the implementation of the relevant powers, meetings are organized, working groups are created, statistical and other information is requested, other activities are carried out in accordance with the Regulation approved by the President.
Additionally
The prosecutor, if it becomes necessary during the course of the implementation of his tasks to improve the existing normative acts, may submit to the bodies endowed with the legislative initiative with the corresponding, as well as the lower level proposals for the addition, amendment, adoption, cancellation of legal documents. This right makes employees active participants in rule-making. The prosecution authorities review and resolve appeals, applications, complaints containing information on violation of legislative provisions. Decisions made by officials do not prevent individuals from exercising their right to sue. At the same time, a certain procedure has been established for submitting applications to the prosecutor's office. Decisions on an appeal against a ruling, sentence, or court order may be challenged. The corresponding application is sent exclusively to the higher prosecutor. The law requires employees to write a reasoned response to a complaint or other appeal. In case of refusal to satisfy the application, the person who sent it should be explained the rules for appealing such a decision, the procedure in accordance with which he should demand judicial protection, if this is provided for by the rules.
The prosecutor, in accordance with the requirements of the law, takes the necessary measures to bring the perpetrators of the violation to justice. Normative acts do not allow forwarding a complaint to a body or official whose actions or decisions are disputed.