The system of state power already familiar to everyone could not be considered complete without such a controlling body as the prosecutor's office. What is the prosecutor? What are its main functions and powers? What exactly controls this body? This article will look at these and other issues.
The concept
The prosecutorās office refers to the unified system of federal bodies, which on behalf of the state exercises supervision over compliance with the laws of the Russian Federation, protects the rights and freedoms of citizens, and also performs other functions established by the legislation of the country.
This authority and the general activity of the prosecutorās office are defined by the law āOn the Prosecutorās Office of the Russian Federationā. This power system is a paramilitary organization. It provides for law enforcement, military, civilian civil service. In addition, the prosecutor's office does not belong to any of the well-known branches of government, carrying out its activities independently of them.
In a word, what is the prosecutor's office? This is the law and order of our country.
A bit of history
For the first time about the prosecutor's office as a body representing the interests of the state, heard in 1302 in France. The prosecutor was the kingās eyes, and with his help the latter could rule the country and control everything that happened in it.
In Russia, the prosecutor's office was established by Peter 1, with three decrees. The prosecutor did not have a decisive vote, he only watched the production and execution of cases. This distinguished this system of power from other types of state activity. Consequently, the work of the prosecutor's office was purely supervisory in nature, and the activities of the prosecutor were reduced to monitoring the activities of the Senate and the execution of all the decrees of the emperor.
Credentials
The powers of the prosecutor's office are as follows:
- Supervision of the implementation of legislation.
- Control of federal ministries and departments, executive and legislative bodies, bodies of control, self-government and military administration.
- Monitoring compliance with the rights of citizens.
- Control of bodies that carry out operational investigative activities, preliminary investigation, inquiry.
- Monitoring the implementation of legislative norms by administrative bodies and institutions that execute sentences, as well as applying coercive measures in the form of detention of detainees and prisoners.
- Making rulings on court orders that are against the law.
- The decision of written appeals of persons, both legal and physical, which contain information about the violation of the law.
- Criminal prosecution for crimes committed.
- Organization of work of crime control bodies.
In addition, the powers of the prosecutor's office, and the prosecutor in particular, include:
- Upon presentation of the document, enter the premises specified in the law, check documents and materials for compliance with the law.
- To ask managers and other persons to present documents and materials for verification, to conduct checks on complaints received.
- Invite citizens to explain the reasons for breaking the law.
The prosecutor's office of a region, city or district may:
- Legally initiate proceedings, demand that persons be held accountable, and also warn against the violation of laws.
- If a violation is found:
- release a person from unlawful administrative detention;
- to protest regulatory documents that are contrary to the law, apply to the court for invalidating these documents;
- make a presentation on elimination of violations;
- use the powers specified by law.
Structure
Consider what the prosecutor's office is and what its structure is. The prosecutor's office is a centralized system of bodies, where the lower ranks are subordinate to the prosecutor general of the Russian Federation. The prosecution system is the following ladder:
- Attorney General
- Academy of the Prosecutor General.
- The prosecutor's office of the subjects.
- The prosecutor's office area, city, district, etc.
- The military prosecutor.
- Transport, environmental, penitentiary prosecutors.
- Scientific, educational organizations.
- Printed publications of the prosecutor's office.
All actions carried out by prosecution authorities are carried out by the prosecutor general. In turn, the Prosecutor General is dismissed or appointed by the Federation Council.
Responsibility and legal status of employees
Prosecutors can also be punished for inaction or failure to fulfill their obligations. The following types of punishments are distinguished:
- rebuke;
- comment;
- severe reprimand;
- demotion;
- deprivation of breastplates;
- warning of incomplete official compliance ;
- dismissal.
In order to work in the prosecution authorities, it is necessary:
- The presence of Russian citizenship.
- Lack of other citizenship.
- The presence of business, professional, moral qualities.
- Suitability for service in the prosecutor's office (for health reasons).
- Lack of criminal record.
- Mandatory legal capacity.
- The absence of a court decision banning this person from performing public service.
Appeal to the prosecutor
Any citizen can apply to the prosecutorās office if he has found a violation of legislative norms, as well as a restriction not based on the laws of the Russian Federation. It is enough to write a statement indicating the violations identified. But an appeal to the prosecutor may be left without consideration if:
- The statement is meaningless.
- An official letter was written to terminate correspondence with the person.
- An application has already been filed and an answer has been given.
- The statement contains obscene language.
After the prosecutor has examined the citizenās application, the following may be accepted:
- Satisfying treatment and organ response.
- Rejection appeal.
- Giving clarification.
- Referral to other bodies.
Prosecutor supervision
Based on the definition of what the prosecutor's office is, we can say that its main activity is supervision.
Prosecutorial supervision is aimed at preventing, preventing and combating illegal actions, restoring rights and holding individuals accountable.
Given the law "On the prosecutor's office", the following types of supervision are distinguished:
- For the implementation of the law by ministries, committees, services and other authorities.
- Observance of the rights of citizens.
- For the implementation of the law by the bodies that carry out the inquiry, preliminary investigation, operational-search work.
- For the performance of work by bailiffs.
- Following the laws of the authorities applying the penalties imposed by the court.
The Law "On the Prosecutor's Office" regulates the following legislative acts that are directly related to the activities of the prosecutor's office:
- Article 23 "Protest of the prosecutor."
- Article 24 "Representation of the prosecutor."
- Article 25 "Resolution of the prosecutor."
- Art.25.1 "Warning about the inadmissibility of violation of the law."
Does the prosecutor's office participate in the courts?
According to the law, prosecutors take part in legal proceedings in the following cases:
- When the participation of the prosecutor is required to protect the rights of a citizen, as well as to protect the interests of society or the state. In this case, the prosecutor has the right to apply to the court on his own or to join litigation at any stage.
- When there are meetings in the Supreme Court or the Supreme Arbitration Court. In this case, the attorney general may take part.
- When constitutional rights and freedoms of a person are violated. There is a call from the Attorney General to the Constitutional Court of Russia.