Already familiar to all the system of governmentIt could not be considered complete without such a controlling body as the prosecutor's office. What is the prosecutor's office? What are its main functions and powers? What exactly controls this body? This article will look at these and other issues.
The concept of
Prosecutors call a unified system of federalauthorities, which on behalf of the state implements the supervision of the observance of laws of the Russian Federation, protects the rights and freedoms of citizens, as well as performs other functions established by the legislation of the country.
This power and the general activities of the prosecutor's officedetermined by the law "On the Prosecutor's Office of the Russian Federation." This power system is a militarized organization. It provides law enforcement, military, civil service. In addition, the prosecutor's office does not belong to any of the known branches of government, carrying out its activities independently of them.
In short, what is the prosecutor's office? This is the law and order of our country.
A bit of history
For the first time about the prosecutor's office as a body,representing the interests of the state, heard in 1302 in France. The prosecutor was the eyes of the king, and with his help the latter could control the country and control everything in it.
In Russia, the prosecutor's office was established by Peter 1,by his three decrees. The prosecutor did not have a casting vote, he only watched the production and execution of cases. This distinguished this system of power from other types of state activity. Consequently, the work of the prosecutor's office was of a strictly supervisory nature, and the activity of the prosecutor was limited to monitoring the activities of the Senate and the execution of all decrees of the emperor.
Credentials
The powers of the prosecutor's office are as follows:
- Supervision of compliance with legislation.
- Control of federal ministries and departments, executive and legislative bodies, control bodies, self-government and military administration.
- Control over the observance of the rights of citizens.
- Control bodies that carry out operational search activities, preliminary investigation, inquiry.
- Control over the implementation of legislation by administrative bodies and institutions that execute punishment, as well as applying coercive measures in the form of detention of detainees and prisoners.
- Making rulings on court rulings that are against the law.
- The decision of written appeals of persons, both legal and physical, which contain information about the violation of the law.
- Criminal prosecution for the crimes committed.
- The organization of work of bodies in the fight against crime.
In addition, the powers of the prosecutor's office, and the prosecutor in particular, include:
- Upon presentation of a document, enter the premises indicated in the law, check documents and materials for compliance with the law.
- To ask the managers and other persons for the presentation of verification documents and materials, to conduct inspections on complaints received.
- Invite citizens to explain the reasons for violations of the law.
The regional, city or district prosecutor’s office may:
- On legal grounds to initiate proceedings, to demand that persons be held accountable, and also to warn against the inadmissibility of violation of laws.
- When establishing a violation:
- release a person from unlawful administrative detention;
- to appeal against regulatory documents that are contrary to the law, to appeal to the courts for the recognition of these documents as invalid;
- introduce an idea of the elimination of violations;
- use the powers specified in the law.
Structure
Consider what the prosecutor's office and what is itsstructure. The prosecutor's office is a centralized system of bodies, where the lower ranks are subordinate to the Prosecutor General of the Russian Federation. The prosecution system is the following ladder:
- General Prosecutor's Office.
- Academy of the Prosecutor General's Office.
- Prosecutors subjects.
- The prosecutor's office area, city, district, etc.
- Military Prosecutor's Office.
- Transport, environmental, penitentiary prosecutor's office.
- Scientific, educational organizations.
- Printed editions of the prosecutor's office.
All actions that are carried out by prosecutors, are carried out by the Attorney General. In turn, the Prosecutor General is dismissed from office or appointed by the Federation Council.
Responsibility and legal status of employees
Prosecutors may also be punished for inaction or failure to fulfill their obligations. There are the following types of punishments:
- rebuke;
- comment;
- severe reprimand;
- lowering in rank;
- deprivation of breastplates;
- warning of incomplete service compliance;
- firing
In order to work in the prosecution authorities, it is necessary:
- Presence of Russian citizenship.
- No other citizenship.
- The presence of business, professional, moral qualities.
- Suitability to serve in the prosecution authorities (for health reasons).
- No criminal record.
- Mandatory capacity.
- The absence of a court decision prohibiting the person to engage in public service.
Appeal to the Prosecutor's Office
Any citizen can contact the prosecutor’s office,if they found a violation of legislation, as well as a restriction that is not based on the laws of the Russian Federation. It is enough to write a statement indicating the violations found. But an appeal to the prosecutor’s office can be left without consideration if:
- The statement is meaningless.
- Written an official letter about the termination of the correspondence with the person.
- The application has already been submitted, and it was answered.
- The statement contains obscene language.
After the prosecution officer has considered the application of a citizen, the following can be taken:
- Satisfaction of treatment and organ response.
- Rejection treatment
- Giving clarification.
- Referral to other authorities.
Prosecutor supervision
Based on the definition of what the prosecutor's office is, we can say that its main activity is supervision.
Prosecutor's supervision is aimed at the prevention, prevention and suppression of illegal actions, the restoration of rights and the prosecution of persons.
Given the law "On the Prosecutor's Office," there are the following types of supervision:
- The implementation of the law by ministries, committees, services and other authorities.
- For the observance of the rights of citizens.
- For the implementation of the law by the bodies that carry out the inquiry, preliminary investigation, operational investigative work.
- For the performance of work by police officers.
- Following the laws of the bodies applying the penalties imposed by the court.
The Law “On the Prosecutor’s Office” regulates the following legislative acts that are directly related to the activities of the Prosecutor’s Office:
- Article 23 “Protest of the prosecutor”.
- Article 24 “Representation of the Prosecutor”.
- Article 25 "Resolution of the Prosecutor".
- Article 25.1 "Warning about the inadmissibility of violation of the law."
Does the prosecutor's office participate in the courts?
According to the law, prosecutors take part in court proceedings in the following cases:
- When the participation of the prosecutor is required to protect the rightscitizen, as well as to protect the interests of society or the state. In this case, the prosecutor has the right to apply to the court on his own or to join the litigation at any stage.
- When there are sessions in the Supreme Court or the Supreme Arbitration Court. In this case, the prosecutor general may participate.
- When the constitutional rights and freedoms of a person are violated. The appeal of the Prosecutor General to the Constitutional Court of Russia is taking place.
