The prosecutor has enormous advantages over other law enforcement agencies. First of all, because he is endowed with a power that allows him to punish violators of the law, regardless of their position in society and rank.
Every day, prosecutors work for the good of the state and society. Spread one hundred percent and do not put things off until tomorrow. They monitor everyone and punish in accordance with the current Law. In this article we will consider the rights and obligations of the prosecutor, the main legal representative of the prosecution.
System background
In order to understand the rights and obligations of the prosecutor, you need to look into history.
By decree of January 12, 1722, Peter the Great establishes the prosecutor's office of the Russian Empire. It was created to monitor and supervise compliance with the law in all areas of government. The work was carried out publicly, in contrast to the fiscal service. Having established the prosecutor's office and endowed it with a supervisory and supervisory function, the ruler brought to life a system of special legal norms that regulate relations in society.
The decree of the emperor in 1772 entrusted the prosecutor with special duties in legal activity. In particular, he said that supervision is carried out directly by the highest state bodies of the country. Since the Senate abided by the strict instructions of the emperor, the Attorney General had the right to invite the Senate to make decisions on issues not regulated by law. In other words, the prosecutor's office was vested with certain powers in the field of law-making.
Value
Before considering the rights and obligations of the prosecutor, it is necessary to find out the meaning of this word. In Ushakov, it (the prosecutor is from the Latin procuro, that is, “I supervise”) is ambiguous:
- The representative of the prosecutor's office is its head. He has every right, and is also obliged to do only one thing: to monitor the establishment of a truly uniform understanding of the rule of law throughout the republic.
- The public prosecutor in the trial (regardless of the complexity and type of case).
General authority
The rights and obligations of the prosecutor are spelled out in the Law of the Russian Federation “On the Prosecutor's Office”. Some of them are presented below:
- By presenting a service certificate, the prosecutor gains access to any premises and the right to move freely throughout the territory of the supervised facility.
- It is authorized to verify the implementation of laws (upon receipt of information on the facts of their violation by the prosecutor's office).
- Has absolute access to documents and materials, and also has the right to require the head and other official of the supervised facility to submit all necessary documents.
- May call an official and citizens to explain violations of the law, if any.
- Has the right to conduct prosecutorial inspection and audit.
The basic rights and obligations of the prosecutor provide an opportunity to perform actions:
- make protests that are not against the law;
- write down ideas on elimination of violations;
- apply to the court with requirements to officially recognize that the legal act is invalid (since only the court has the right to cancel it);
- make a written decision to institute criminal proceedings (as well as civil, arbitration, and so on);
- demand in writing to hold the guilty person accountable.
Prosecutorial activity is divided into the representation of the prosecution in court and supervisory-investigative activities. The prosecutor has the right to choose the direction and engage in the promotion of the case. But it is worth considering the fact that the prosecutor’s activity as a prosecutor involves not only the adoption of indictment from the investigator, but also the transfer of the case to court. Then he will need to prove the guilt of the defendant throughout the process. The duty of the prosecutor is that he must correctly state the essence of his charge. It is a confident position in court and a worthy rebuff to the evidence from the defense that gives the chances of a conviction.
If the decision of the judge does not suit the prosecutor, then he has every right to appeal the review of the case in a higher court. This right is vested not only with the prosecution, but also with the defense (the defendant or the lawyer). Specialists of the supervisory and investigative body are obliged to consider complaints of violations of the rights and freedoms of citizens of the Russian Federation. Any case or review begins with a written statement.
If there is a violation, the prosecutor must immediately respond to the statement. This is precisely the general characteristic of the rights and obligations of the prosecutor. Moreover , a certain time is given for consideration of a written statement with facts proving guilt - it must be on the table at the prosecutor's office.
Structure
In the Federal Law (Article 11) it is presented as follows:
- At the top is the Prosecutor General of Russia.
- Then comes the prosecutor's office of the subjects.
- Educational and scientific institutions.
- Legal entities that belong to the editorial office of print media.
- The key conclusion is the district and city prosecutors.
In addition, the Investigative Committee attached to the prosecutor’s office is part of the structure of the Russian prosecutor’s office. But it forms its own organ system. It is worth noting the fact that several years ago the IC of the Russian Federation was a separate structure. However, the reform made it possible to combine the two organizations, which not only simplified, but also improved law enforcement agencies.
The main function of the prosecutor
Not only the rights and obligations of the prosecutor in the Russian Federation are enshrined in the Federal Law. His articles also deal with the functions of this supervisor, which include monitoring:
- for the inquiry body;
- for the representative of the preliminary investigation.
The responsibilities of controlled organizations also include:
- enforcement and enforcement of enforcement measures;
- supervision of the observance of human rights and freedoms.
Control is also exercised over the actions of the operational-investigative bodies, since they must not contradict this Law. The prosecutor can conduct an audit against any person in our country, regardless of his status and rank. Moreover, actions in respect of an individual are permitted only upon receipt of the application.
Arbitration process
The arbitration process considers cases that are directly related to business and other economic activities. Usually, the domestic sphere is not the subject of consideration in such a court. The Code of Arbitration Procedure in Article 52 states that the prosecutor:
- He has the right to appeal to the court challenging non-normative legal acts (as well as legal).
- Invalidate the deal.
- Demand to seize state property from another's illegal possession.
The prosecutor who appealed to the arbitration court enjoys procedural rights and fulfills the procedural obligations of the plaintiff. A counterclaim cannot be brought to the prosecutor. It is these duties and rights in the arbitration process that the prosecutor has. His work is directly related to verifying the implementation of the law.
Civil process
The procedural rights and obligations of the prosecutor when applying to the court are prescribed in this Law. Therefore, when applying to the court, he is the plaintiff and has all the powers, including:
- the right to conclude a settlement agreement by the parties;
- obligation to pay all necessary legal expenses.
The civil process differs from others in that the court considers only cases of citizens of the Russian Federation. The meeting involves the plaintiff and defendant. They both have the right to present evidence that justifies or proves guilt. But if the prosecutor makes a statement, he is vested with the right:
- for a complete or partial change in the basis of the stated requirement;
- on resizing requirements.
The Code of Civil Procedure in article 394 stipulates that the prosecutor has the right to file applications for review due to newly discovered circumstances in court. The rights and obligations of the prosecutor prescribed in the civil procedure do not differ much from his main activity.
criminal process
Criminal Code offenses have a huge impact on society. Therefore, the principal task of the prosecutor is the legality and constitutional structure of the state, as well as supporting the rights of a citizen of the Russian Federation. Its functions:
- Control over the implementation of the law.
- Ensuring disclosure of violations and unlawful acts.
- Criminal prosecution.
- Providing legal protection.
The rights and obligations of the prosecutor in the criminal process must be respected clearly, since the correct course of the investigation and the identification of criminal persons depends on this. The competence of the prosecutor includes:
- removal of a person from work if he has committed violations;
- involvement, if necessary, of a specialist of a narrow profile;
- the opportunity to accept the interrogation of the inquiry officer upon request.
The duty of the prosecutor during the trial:
- provide evidence for the prosecution;
- formulate arguments;
- respond to counterarguments by the defense of the accused;
- to offer punishment in accordance with the law.
The prosecutor is a full member of the court. He has every right to express his dissatisfaction, ask questions and emphasize comments.
What is strictly prohibited?
We examined in detail the rights and obligations of the prosecutor, but it is also necessary to say that in no case should he do. Prohibited:
- Engage in entrepreneurial activity (IP).
- Participate in socio-political activities.
- Work in another paid organization (with the exception of the scientific, teaching and creative structure).
- Acquire securities.
- Receive remuneration for the performed service from legal entities or individuals.
- Receive honorary or special titles, awards from foreign countries.