Prosecutorial supervision of the implementation of the law acts as one of the key areas of law enforcement. It comes down to solving problems of ensuring the implementation of regulatory requirements and protecting the freedoms and interests of citizens throughout the country. This work is carried out according to the rules and within the limits established by the provisions of the Federal Law No. 2202-I. Let us further consider what constitutes a prosecutorial response to a violation of the law.
general characteristics
Supervision of compliance with laws is also carried out by other state bodies. These, in particular, include tax, environmental, sanitary inspections, traffic police and so on. However, all these structures exercise authority in specific areas, have controlled areas, the boundaries of which are clearly outlined by the rules. The activities of the prosecutor's office are considered universal. Its powers extend to almost all spheres of public life regulated by norms.
Prosecutorial Response Forms
The aforementioned Federal Law provides for special tools that can be used by officials as part of their work. Prosecutorial response tools are used in strict compliance with regulatory requirements. For each of them special rules are established, the observance of which is the duty of employees. The norms provide for various acts of prosecutorial response. These include protests, representations and other tools aimed at eliminating identified violations. In Art. 23-25.1 of the Federal Law No. 2202-I established the rules in accordance with which the acts of prosecutorial response are approved and implemented. The execution of any of the measures envisaged is a procedural procedure.
Protest
It is a procedural document. It is prepared directly by the prosecutor or his deputy. The protest is brought to the official or to the body that adopted the document contrary to the existing standards, to higher structures or employees, as well as to the court. In the latter case, the procedural rules apply. The protest includes the requirement to eliminate the violations that the prosecutor’s inspection revealed in any part of the document or in the whole as a whole, bringing it in line with the Federal Law or its cancellation.
Features of the compilation
Acts of prosecutorial response, as a rule, are executed in writing. The rules, however, provide for the possibility of verbal protest. If it is written in writing, it must contain mandatory details. These include:
- The exact name of the structure into which the document is brought.
- An act which, in the opinion of the prosecutor, does not comply with the requirements.
- The name of the norm, its provisions, which the contested document entered into conflict with. It also indicates the grounds on which the official draws conclusions about his unlawfulness and decides on the use of prosecutorial response measures.
- Specific statement of requirements. When describing them, it is necessary to provide references to the rules governing the procedure for compiling and considering the protest.
- Signature of the applicant indicating the class rank and position.
Content
Standards impose requirements not only on the form of protest. Particular attention is paid to the content of the protest. In it, the official reflects his findings. In particular, the employee indicates:
- What exactly is the discrepancy / contradiction of the disputed document in whole or in part of which the impact is applied.
- The proposal to eliminate the violation. Here the prosecutor expresses his position, gives concrete actions in which the elimination of the contradiction or inconsistency, legal consequences should be expressed.
- The requirement to consider the protest brought by the deadline. At the same time, references are made to the norms governing the procedure, it is indicated that the answer must be sent in writing immediately.
Representation
The application of this prosecutorial response measure is aimed at eliminating not only violations of regulatory requirements, but also its causes, as well as the conditions conducive to its admission. The submission must be reviewed immediately upon receipt. The addressee is an official or a structure authorized to eliminate violations. The compilation of the submission is preceded by a prosecutor's check.
Paperwork
In the submission, the employee indicates:
- The structure or official to whom the act is addressed.
- Sources of information on violations.
- Description of actions / omissions that do not comply with the requirements.
- Analysis of the causes and conditions that contribute to the violation.
- Requirements for the elimination of discrepancies, causes and circumstances that gave rise to them.
- Links to deadlines and rules for considering submission.
In the document, the prosecutor provides recommendations on measures to eliminate violations. They should have a legal focus and not involve intrusion into the operational and economic activities of the subject. Recommendations for eliminating the circumstances and reasons that led to violations of a technical, organizational, managerial, and economic nature should be based on audit materials, opinions of experts and other specialists.
Among the requirements in the submission, reference is made to the need to bring to justice specific employees who have committed wrongful acts / omissions. Material and disciplinary sanctions may be applied to them if the violation contains no signs of an administrative misconduct or criminal offense.
Decree
It is considered one of the most popular tools in the practice of officials. The prosecutor makes a decision within the framework of various areas of his work, as well as during criminal procedure. The adoption of the document is carried out, in particular, in the course of monitoring the implementation of regulatory requirements by federal ministries, public services, committees and other executive state bodies, representative and administrative structures of regional and local authorities, military administration, control authorities, as well as their officials. An employee must have a reason to use this prosecutorial response measure. They are:
- Excitation of administrative or criminal proceedings.
- Release from custody of a person who is illegally detained in a penitentiary institution or an institution that uses coercive measures, who has been detained, placed in a forensic psychiatric institution, and pre-trial detention in violation of the established rules.
The instructions in the document are subject to immediate implementation by the administration, the bodies that execute sentences against citizens who have been sentenced to non-custodial sentences. In the framework of the pre-trial stages, in addition , the prosecutor has the right to make any procedural decision concerning the case.
Prevention of Violations
Another tool used by officials in the exercise of their authority is the warning of the prosecutor. It may be announced in the presence of information about the impending unlawful act. A warning to a prosecutor may be drawn up on his behalf or on behalf of his deputy. The use of this tool is the exclusive competence of these individuals. When carrying out the prevention of violations of regulatory requirements in the process of inquiry, consideration of cases in the courts, preliminary investigation, other measures of prosecutorial response should be applied. A warning is only announced when the employee has reliable information about impending unlawful acts of officials, which may cause negative consequences for state, civil or public interests, but do not entail criminal liability.
Appeal
The warning of the prosecutor may be challenged in court in accordance with the established rules. If it has not been appealed or was not recognized as unlawful, and if the relevant association (religious or other public organization) has not been remedied within the indicated time period, its regional or other structural unit has not eliminated the violation, which served as the basis for the announcement of the warning, these entities are subject to liquidation, and work is forbidden. A similar rule applies if new facts have been revealed in the 12-month period from the date of the warning, indicating signs of extremism in the functioning of societies.
Important point
The caution about non-compliance with regulatory requirements applies exclusively to officials. It cannot be announced to organizations and citizens. A warning is made in relation to employees of state bodies, local authorities, municipal and state institutions, units of military command, military units and other units. It can also be announced to managers and other employees of non-profit and commercial enterprises performing administrative, administrative and managerial functions.
Additionally
The procedure for prosecutorial response provides that, before announcing a warning about the inadmissibility of violations of regulatory requirements, information about impending unlawful actions should be thoroughly investigated. In this case, written explanations must be sought from suspected officials. A warning is issued to the employee directly at the prosecutor's office against receipt. Warnings are announced on the basis of the results of the study of information, including on appeals and applications of citizens, controlling structures, on other specific signals, which contain reliable data on impending violations.
They are executed in the form of special written prosecutorial acts. In order to increase the preventive effect and ensure publicity, a warning can be announced at the place where the suspect carried out his professional activities, including as part of the review of the results of audits and other control measures at a team meeting or during its discussion by the collegial structure of the enterprise.
Conclusion
Prosecutorial response measures are considered specific tools by which officials exercise their authority. Their use is of particular practical importance. These tools cover various forms of regulatory violations. Prosecutorial measures are aimed at preventing and combating illegal behavior of officials of various bodies, institutions and enterprises. The tasks of officials include the timely adoption of information for consideration and study. The analysis of the incoming information should be comprehensive and objective. The areas of control are clearly limited by regulation.
In particular, it concerns the organizational and administrative and administrative functions of the entities. This indicates that the operational (current) activity is not affected by the measures provided for in the law. The requirements of employees derive from their authority. The prosecutor is obliged to respond to all violations, to stop the preparation of unlawful actions, since he must ensure control over the proper implementation of regulatory requirements. The structures carrying out the preliminary investigation, operational-search measures, and inquest are referred to its subordinate structures. The employee monitors compliance with the standards by penal institutions, enforcement measures, and administrations of places where detainees are detained and detained.
All employee orders are subject to implementation on time. Normative acts stipulate responsibility of officials for deliberate evasion of the requirements of the prosecutor, which arise from his authority and are set out in warnings, representations, protests and other documents. For citizens, a penalty is imposed in the form of a monetary penalty. Its size is 1-1.5 thousand rubles, for officials - 2-3 thousand rubles. Perpetrators are held accountable under Art. 17.7 Administrative Code.