According to the basic law of our state, deputies of the State Duma and members of the Federation Council are inviolable. The presence of this status allows you to protect these persons from involvement in civil or criminal prosecution. However, deputies are not exempt from liability in the event of the commission of criminal acts. They shall enjoy immunity for the duration of the exercise of their powers. More about all this will be discussed in this article.
Definition
What is the immunity of deputies? This question is most often asked by ordinary citizens of our state, who suggest that these officials cannot be held accountable for committing criminal acts. But, nevertheless, this term has a slightly different meaning.
The immunity of deputies means that it is impossible to bring these officials to civil and criminal liability, as well as to apply the most severe measures of administrative punishment (appointed by the court), without the consent of the representative body to which they are elected. This is the order.
It is also necessary to pay attention to the fact that the servants of the people possess immunity only until the moment when their powers expire. This must be remembered.
Erroneous opinion
Many ministers of the people not so long ago began to say that the concept of the immunity of deputies is in no way connected with their professional activities. So, here the latter are greatly mistaken. In addition, in February 1996, the Constitutional Court indicated that parliamentary immunity served as a guarantee of the status of a deputy. And the norms of the law, which state otherwise, do not comply with the Constitution. Thus, it is impossible to separate the immunity of a deputy from his professional activities.
What is immunity for?
Many citizens often ask themselves the question of why do servants of the people need immunity? Deputies, according to the majority, have rather big privileges. To this we can say that we should not forget that the ministers of the people are public people who are always in full view of everyone. In addition, they express their opinion, their position on resolving certain issues, and therefore immunity is a certain protection for them from repressive measures on the part of executive authorities and private individuals.
Where is it fixed?
Article 98 of the Constitution states that deputies of the State Duma and members of the Federation Council have immunity. The latter are endowed with a special status due to the fact that they carry out certain state functions. People's deputies are endowed with inviolability throughout the entire term of the exercise of their powers. Deputies cannot be attracted for their opinions and stances, unless they publicly disseminate slander.
It should also be noted that the deputies of the regional legislative assemblies enjoy immunity during the entire term of the exercise of their powers.
What is provided?
So, what exactly is the main purpose of the deputy immunity of a deputy? As stated in the basic law of the state, the latter cannot be detained and arrested. Law enforcement officers cannot search deputies (the exception is cases where a person was detained at the scene of a criminal offense), otherwise the officials will violate the current law.
It is impossible to conduct a personal search of a deputy, except when it is necessary by law to do this to ensure the safety of other people. Law enforcement officers cannot interrogate a deputy without the consent of the State Duma. This is the order.
In addition, deputies of the State Duma and members of the Federation Council may refuse to testify if they became aware of the information in connection with the exercise of their powers.
Immunity applies to the homes and offices of these persons, as well as to luggage, vehicles, documents, communications and correspondence.
Important
In the event that a deputy of the State Duma was involved in a crime or an administrative offense, the investigator must inform the Prosecutor General about this within three days. This is stated in the legislation.
If the deed is connected with the official activity of the latter, then the Prosecutor General is obliged to apply to the State Duma within a week with a request to deprive the immunity of a deputy of the State Duma. Otherwise, the official will go unpunished.
Interesting
The question of depriving the immunity of a deputy is brought before the corresponding chamber of the Federal Assembly upon the recommendation of the General Prosecutor's Office. A decision must be made within three days. Then, the State Duma or the Federation Council notifies the Prosecutor General of the decision.
A deputy who is to be deprived of immunity is entitled to attend the meeting. Although, in some cases, such issues are resolved without the participation of the latter.
If denied
To deprive the deputy of immunity, very serious and weighty arguments are needed. In addition, the State Duma is not always ready to free one of the people's representatives from such an important guarantee.
Nevertheless, the issue of depriving a deputy of immunity is decided by the appropriate chamber of the Federal Assembly within the time limits established by law. If the answer of the State Duma is negative, then this excludes the possibility of proceeding in a criminal or administrative case.
general characteristics
Many people's deputies enjoy their parliamentary immunity. Indeed, without the consent of the representative body in which the official carries out state activities, they will not be able to hold him accountable for unlawful acts.
It must also be said that after the Prosecutor General’s submission to the State Duma or the Federation Council with a request to deprive a deputy of his special status, the corresponding chamber of the Federal Assembly may require additional documents for the people's deputy. Indeed, by law, this is the right of the representative body to which the deputy is elected.
Misconception
Deputy immunity is the main guarantee of the status of this official.
Very often in the media they say that people's deputies cannot be brought to legal responsibility because they have immunity and are exempted from all punishment for what they have done. So this is a clear fallacy. Although deputies are public people and have immunity, nevertheless, by agreement of the State Duma, they can forever lose this status. You must be aware of this.
In addition, parliamentary immunity directly depends on the activities of the people's deputy. For example, if his term of office is over, then this status will not be the last.
It is also necessary to indicate that law enforcement agencies will not be able to refer the case to the court until the deputy is deprived of his immunity. If this does not happen, then the case will be dismissed. It can only be resumed if new circumstances open.
Total
So, deputies of the State Duma and members of the Federation Council have parliamentary immunity. Accordingly, the latter cannot be detained or arrested. You can search a deputy only if he was caught by law enforcement officers at the place of the criminal act.
Nevertheless, the problem of the integrity of the people’s representatives is becoming more and more urgent, because these officials represent the interests of ordinary people. For this reason, deputies should be protected by law from unjustified prosecution, as they are obliged to express their position, opinion on the issues to be resolved.
However, many of the people elected use their special status. Most deputies assume that they will be inviolable even after their term of office expires. But this is not so. After all, immunity should be considered only as a special guarantee of the status of a deputy. Only the State Duma or the Federation Council can deprive it. But this requires the representation of the Prosecutor General. The issue of depriving the people's representative of immunity is resolved within three days. The decision must be reported to the Prosecutor General.