It is to eliminate the fact of any violation of the legislation of our country that provides for a number of certain powers that prosecutors have.
According to experts, this competency is usually called legal means that are used for prosecutorial response. Such response tools can be divided into certain types. For example, there are general ones that are applicable to all sectors of supervision. You can also find specific ones that are more suitable for individual industries, as well as areas of some activity.
A number of general means of response should include protest of acts that are contrary to the law, that is, the submission of the prosecutor, which carries the requirement to eliminate violations in accordance with applicable laws. All actions taken by the prosecutor must ultimately create all the prerequisites for holding all those involved in the case accountable.
What should the supervisory appeal contain, as well as the representation of the prosecutor
It is safe to say that it is the representation of the prosecutor that is the document that is most often used as one of the best means of responding to detected violations of the law.
The provision for submission is described in Art. 24 of the Law on the Prosecutor's Office. The submission of the prosecutor is made by the prosecutor himself, otherwise the deputy has the right to do this procedure. This document is subject to almost immediate review by authorized persons who are required to take all necessary measures to implement it as soon as possible.
The formalized submission of the prosecutor is made solely on the basis of a thoroughly conducted audit, including an in-depth analysis of the revealed inconsistencies of the legislation. The supervisory appeal is submitted directly to the court of supervisory authority. The document should contain the most complete information, the study of which could immediately understand the position of the prosecutor.
Key Points
The document must contain the following points:
- name of the court where the submission will be sent;
- details of the person who submits the submission, as well as the place of residence;
- names of other persons who, for objective reasons, participate in the case;
- all data of third parties, as well as their place of residence;
- an indication of the numbers of the decisions, as well as the court rulings that will be appealed;
- an indication of all footnotes by which it is possible to find out what violation was committed by the courts.
How to prepare and submit a response to a presentation
Once the submission has been received, an answer should be given to it within the deadlines established by law, namely no later than 30 days. Note that the response to the prosecutor’s submission must contain full information about what measures have been taken to eliminate this violation. To do this, you should carefully review the received document and take all necessary measures that will eliminate illegal actions. The issue of bringing all responsible persons to established disciplinary liability should also be resolved .
If a citizen or organization considers the arguments unsubstantiated, it is possible to appeal the submission of the prosecutor to higher authorities. However, you should know exactly what the reasons for this are. It is necessary in full accordance with the law to describe all the available facts that the violations indicated in the submission were not committed. This is the only way to protect yourself from a more difficult situation in the future.