What is the system and organization of the prosecutor's office of the Russian Federation? How does this structure work? Answers to these questions will be provided by the Federal Law “On the Prosecutor's Office of the Russian Federation”, some of the provisions of which will be examined in the article.
About the prosecutor's office
The Russian prosecutor's office is a single system of bodies at the federal level working on behalf of the Russian Federation. The main responsibility of the prosecutor's office is to monitor compliance with the law in the country. This is necessary to ensure the strengthening of the unity and rule of law. The prosecutor's office protects freedoms and human rights, and also protects the legitimate interests of society.
In addition, the Russian prosecutor’s office is involved in:
- supervision of the implementation of laws by those bodies that carry out search and operational activities, namely, inquiry and investigation;
- control over the observance of freedoms and rights of citizens by all government and judicial bodies of Russia;
- criminal prosecution in accordance with the established powers;
- coordination of law enforcement.
Among other things, the Russian prosecutor's office carries out law-making activities, and the prosecutor general’s office issues special regulatory publications.
Business principles
Article 4 of the Federal Law “On the Prosecutor's Office of the Russian Federation” sets forth the basic principles of the activity of the instance in question. In particular, it is worth highlighting the following points:
- exercise of authority independently of other federal or municipal bodies;
- action strictly in accordance with Russian law;
- timely informing state bodies about the results of their activities.
Separately, it is worth highlighting another principle enshrined in the second article of this bill. This is about international cooperation. So, the Prosecutor General’s Office of the Russian Federation should closely and productively cooperate with foreign bodies that perform similar functions. This is necessary, of course, to gain valuable experience and exchange useful information.
About prosecutors
And what can you tell about the employees of the instance in question? Article 5 of the Federal Law “On the Prosecutor's Office of the Russian Federation” provides for a ban on interference in prosecutorial supervision. What does this mean? In short, any impact from someone else (whether it is state power, the media, officials or legal entities, etc.) will entail legal obstruction. Moreover, especially vivid forms of influence on the activities of prosecutors can entail the imposition of liability.
Article 6 says that the requirements of prosecutors are mandatory. Thus, the legal instructions of prosecutors must be subject to unconditional and timely execution. At the same time, the bill under consideration also indicates that the prosecutor has no right to demand from the authorities information that is not determined by the objectives of the prosecutor’s audit, that is not related to the topic of the audit, or that it is publicly available.
It is also worth noting that the following articles speak about the participation of prosecutors in meetings of authorities (municipal or federal), about coordination in the fight against offenses, about participation in law-making, about conducting anti-corruption examinations, etc.
Prosecution system
Section No. 2 of the Federal Law “On the Prosecutor's Office of the Russian Federation” is devoted to the structure of the structure under consideration. What is the prosecution system? The prosecutor's office covers the following components:
- Prosecutor General of the Russian Federation;
- regional prosecutor's offices of the Russian Federation;
- military and other specialized prosecutors ;
- Printed editions, educational and scientific organizations.
All represented authorities have in their operational management objects of economic and social purpose. At the same time, the Russian prosecutor general is involved in the formation, reorganization, status and liquidation of all these bodies. Naturally, the creation and functioning of a prosecutor’s office in Russia that is not part of the general system will be absolutely illegal.
About the Attorney General
As already mentioned above, the prosecutor general is the main leader of the entire system. The appointment and removal from the post of the Prosecutor General of the Russian Federation is carried out at the proposal of the Russian President through the Supreme Chamber of the Federal Assembly.
Only a Russian citizen who has reached the age of 35 years and has the appropriate education and seniority can become the prosecutor general. If the prosecutor general is absent for some reason, then his first deputy carries out his work in his place. The term of office of the prosecutor general is exactly five years. At the same time, the same person is able to be repeatedly appointed to the position in question.
The main duty of the Attorney General remains the submission of annual messages to the two houses of the legislative branch in Russia. It is also worth noting that the official in question has the right to nominate candidates to the President of his deputies.
Prosecutors
How are prosecutor's offices of the constituent entities of the Russian Federation formed and functioning? Article 15 of Federal Law No. 2202-1 stipulates that special colleges should be created in the municipal bodies of the prosecutor's office, in which the chairman, his deputies, and various prosecutors must be present. This applies to both ordinary organs and specialized ones, for example, of the military type.
In addition, departments and offices should be formed in the prosecutor's offices of constituent entities of Russia. In each instance, a chief must be present, with the chiefs - senior assistants and deputies. At the same time, assistants are appointed by the subject’s prosecutor, and the latter by the Russian President on the proposal of the prosecutor general.
The prosecutor of the subject must be at least 30 years old, he must meet the requirements of this law, have the appropriate education and work experience.
About prosecutor's supervision
Most Russians have heard of such a famous term as "prosecutorial oversight." But do all citizens know what this concept means? What is prosecutorial supervision? Law No. 2202-1, namely its third section, provides a detailed explanation.
The subject of supervision is the banal following of both the Russian Constitution and many other laws. Employees, monitoring compliance with the relevant legal and regulatory acts, just carry out prosecutorial oversight. How exactly should verification be carried out? The authority under consideration receives information indicating the existence of some elements of a violation of the law in the work of the audited bodies. The prosecutor or his deputies begin an appropriate audit, the results of which confirm or deny information about the violation of applicable law. The whole process should not take more than 30 days. A similar form is established both in the federal prosecutor's office and in the bodies of the constituent entities of the Russian Federation.
Prosecutor and court
Is there any kind of interaction between the prosecutor's office and the judiciary? The answer to this question is most likely obvious. The legal foundations of the activities of the Prosecutor's Office of the Russian Federation consolidate close cooperation and constant interaction between the two systems presented. So, article 35 of the Federal Law under consideration states the participation of the prosecutor in the consideration of cases by the court. It is the prosecutor's office that acts as the prosecutor.
In accordance with the laws of the Russian Federation, an employee of the prosecutor’s office is able to apply to the courts with an application to enter the process (at any stage) if it is required to protect the rights and freedoms of citizens, the interests of society or the state.
The duties of the Attorney General are somewhat different in this case. This person is obliged to work at meetings of the Supreme Court, as well as participate in law-making activities together with other state institutions. In addition, the Attorney General has the right to apply to the Constitutional Court of the Russian Federation for the interpretation of certain norms, as a rule, on issues of violation of constitutional rights and freedoms.
Requirements for Prosecutors
It is worth paying a little more attention to the legal requirements for the identity of the prosecutor. The Federal Law under consideration states that citizens who meet the following parameters can be prosecutors:
- the presence of Russian citizenship;
- the presence of a higher education in a legal specialty with state accreditation;
- the presence of proper professional and moral qualities;
- lack of health problems (for optimal work).
It is impossible to become a prosecutor in the presence of the following factors:
- foreign citizenship;
- a person applying for the position in question is legally incompetent or partially capable;
- criminal record;
- the presence of diseases that impede the implementation of effective labor activity;
- the court made it impossible to occupy the relevant posts;
- refusal to go through the procedure for obtaining access to secret state information.
Thus, the Federal Law imposes fairly clear requirements on prosecutors.