The prosecutor is the main representative of the prosecution at the hearing. The functions of this official in different countries differ and are determined by historical conditions.
Prosecutor in Russia
In Russia, a prosecutor is an official whose tasks are to:
- prosecutorial supervision of the work of investigators;
- coordination of activities against crime;
- participation in the consideration of any cases in the courts;
- maintaining the state prosecutor in criminal proceedings ;
- appeal of sentences, acts, court decisions, if they contradict the law;
- consideration of appeals and complaints of citizens;
- the opportunity to initiate proceedings regarding administrative and criminal violations.
Prosecutors
The prosecutors are mainly experienced investigators who graduated from the law faculty. Moreover, they must be professionals in their field, able to represent the interests of the state in court. Most often, they participate as prosecutors in criminal cases, but also work in state institutions, performing a number of other duties.
District Attorney
In order to achieve career growth and obtain the position of “district prosecutor”, many young specialists begin with the position of investigator. Initially, a lawyer can get the position of his assistant, and later grow to the inter-district prosecutor. A district prosecutor is a person who performs all the duties of his profession within the area entrusted to him. He also makes proposals to higher prosecutors about changes in staff or staffing levels.
The competence of the district prosecutor includes:
- criminal prosecution of violators of the law, as well as their arrest for the duration of investigative measures;
- taking part in the consideration of criminal and other cases that the city prosecutor sent to the court;
- participation in legal proceedings in the consideration of any administrative and criminal cases;
- protesting illegal court orders;
- resolution of complaints and statements that contain data on violation of the law by district authorities or officials.
Deputy
A deputy prosecutor is a person who has the necessary legal education and is able to replace the current prosecutor. The deputy also performs a number of duties of his superior, and the functions of an assistant are assigned to him. But he does not have the right to make decisions independently without the approval of a higher management, in this case, the prosecutor.
Regional Attorney
A regional prosecutor is a person who directs the activities of prosecutors in cities and districts entrusted to him, based on laws in force throughout the Russian Federation and acts of higher authorities. He issues orders, instructions and instructions, binding on absolutely all investigative authorities that operate in the territory entrusted to him. The district prosecutor may make changes to the work schedule. Also, his duties include changing wages and the number of subordinates.
City Attorney
The city prosecutor is considering court cases. His responsibilities include participation in legal activities, control over the adoption of various acts and the implementation of the rules prescribed by applicable law. Candidates for this position are appointed and dismissed by the Attorney General himself.
The prosecutor oversees the following actions:
- proper enforcement of laws by local self-government and control bodies, officials and legal acts issued by them;
- consideration of complaints against decisions of district prosecutors;
- coordination of any activities of all law enforcement agencies and interaction with the military and other prosecutor's offices;
- observance of the rights and personal freedoms of citizens by any bodies of control and self-government;
- the execution of laws by local city authorities, which carry out inquest, investigation and operational-search activities;
- enforcement of the law against accused and suspects, as well as their detention.
Attorney General
The Prosecutor General of the Russian Federation is at the head of the entire system. He issues orders, acts, orders, regulations, instructions, instructions, which are obliged to execute all subordinate departments in the country. He also regulates the organizational issues of the activities of the prosecutor's office of the Russian Federation and the procedure for the implementation of social and material security of employees.
It establishes the structure and staff of the Prosecutor General of the Russian Federation, determines the powers of all units, appoints and dismisses them. He is also responsible for the proper implementation of the laws of the Russian Federation to the president.
Ranks
A class rank is a service rank that is assigned to an employee of the prosecutor's office in accordance with the length of service and position held. The rank indicates the professional and career growth of this employee. The following ranks are assigned in the prosecutor's office:
- Junior Associate;
- lawyer;
- Junior Counselor of Justice;
- Counselor of Justice;
- Senior Counselor of Justice;
- State Counselor of Justice;
- Valid State Counselor of Justice.
Initial ranks are assigned to prosecutors who have passed certification and have higher education (legal).
The rank of junior lawyer is given to the employee, who is appointed assistant prosecutor. At the same time, he must study at a higher legal educational institution that has state accreditation. Appointment is possible only after the third year of high school, with the work experience in the prosecutor's office must be at least six months.
The next rank is assigned only after a year of stay in the previous one or after receiving a legal education. The remaining employees who have higher education and were appointed to the position for the first time have the initial rank of “Class 3 lawyer”.
Credentials
The prosecutor of the Russian Federation has the right:
- to freely enter any premises and any territories of the supervised bodies;
- require documents and materials for verification;
- call citizens and officials for explanations;
- protest a legal act that is contrary to law;
- demand the elimination of violations of the law;
- bring the perpetrator to material or disciplinary liability ;
- apply to the court with a substantiated requirement that the legal act with the violations committed be invalidated;
- make a decision to institute an administrative or criminal case;
- report a violation of the law;
- consider and verify citizens' appeals;
- participate in legal proceedings when considering a case;
- apply to the court with a counterclaim;
- to speak at court at any stage of the ongoing process;
- carry out criminal prosecution in court;
- act as a public prosecutor at a hearing in any case.
The prosecutor may issue a decision on the basis of which a criminal case is instituted and which he motivates, based on the nature of the violation of the law. It may be administrative or criminal in nature. Its decision is subject to consideration by authorized bodies or any other officials within the time period strictly established by law. If necessary, an audit is carried out, the results of which are notified to the prosecutor in writing.
In order to prevent an offense, or if the prosecutor has information about impending violations of the law, he or his deputy send a warning to officials in writing to prevent them from unlawful acts of individuals or organizations. In the event that the requirements of the prosecutor are not complied with, the person who received the warning may be held legally liable.