The work of the prosecutor is one of the typesState activities aimed at protecting the rule of law. The task of every professional in this field is to ensure the legality and observance of human rights, freedoms and interests throughout the territory of the Russian state. Prosecutor's supervision is completely regulated by federal legislation, therefore it is carried out only within the legal sphere.
What is prosecutor's control and what is the role of response reports?
It should be noted that control fromstate is carried out by many other bodies. Each of them has its own competence, the scope of authority, clearly defined by legal and regulatory documents. These bodies also have their own outlined areas of supervision and control, i.e., the scope of activity. Unlike these state structures, supervision has virtually unlimited spheres of influence in all spectra of social relations, if we talk about the limits of a single territorially integrated country.
The act of prosecutorial response is a document,having sufficient legal force, which is actually an "instrument" of the activities of these bodies. Do not allow violations of laws and eliminate the violations that have already taken place - the main tasks that they face in the course of the exercise of the authority of each employee.
Acts of prosecutorial response are several types of documents:
- protest;
- performance;
- the decision to initiate proceedings on an administrative offense;
- warning of the inadmissibility of violation of the law.
Detailed consideration of the prosecutor's protest: the purpose of the document
The first kind of documents is a protest.This is one of the acts that is prepared by the public prosecutor himself or his direct deputy, in no way contradicts the current Constitution of the Russian Federation, other laws and does not violate human rights. The prosecutor's protest is a response to an illegal document issued by an official or an authority. Submitted, he can be a violator, a higher authority or in a judicial procedure provided for by the legislative framework.
As a rule, the prosecutor's protest carries within itselfthe requirement of urgent elimination of contradictions and inconsistencies with the "letter of the law" present in the issued regulatory legal act. In addition, the public prosecutor has the right to demand from the body or person who issued the unlawful act to bring the document to the maximum compliance with federal legislation or its final cancellation.
All types of prosecutorial response appliedin the activities of bodies, are public requirements, statements, proofs. Therefore, the task of bringing a protest to the violating body or to the official who issued the act, according to the laws of the Russian Federation, stands directly before the prosecutor and his direct deputy. If it is necessary to file a document with a court or a higher-ranking official in accordance with federal regulations, only the above-mentioned persons can do this.
Briefly about the structure of the prosecutor's hierarchy in the process of protests
Decision of the public prosecutorfederal-district level to protest against legal acts of central departments and ministries is impossible. Only the Prosecutor General of the Russian Federation, as well as persons who replace him, have the right to appeal against such acts that do not comply with the laws of the state. Accordingly, the prosecutors are entitled to challenge the legal documents of the executive bodies of the relevant entity that control the structures of the relevant link.
Moreover, the acts of the prosecutor's supervisionover are binding for all lower-level prosecutors. In this case, the public prosecutor has the right, within the limits of his / her competence, to bring protests both to bodies of his level and to subordinates. On the contrary, it can not be. Meanwhile, it is allowed to draft a draft by a lower-ranking prosecutor if he finds an unlawful act of officials or an authority within the competence of a prosecutor at a higher level.
What is the representation of the prosecutor?
The next act of prosecutorial response -presentation of the prosecutor. The purpose of this document is to eliminate legal violations that provoke their factors, as well as the circumstances and conditions that accompany them. A powerful legislative base and a whole list of documents issued by the General Prosecutor's Office of the Russian Federation, in particular, the RF GP Order of 1999 "On Strengthening Prosecutor's Supervision of the Observance of Legality in the Solving of Applications, Messages and Other Information on Committed and Prepared Crimes", makes it possible to use this method of combating violations of the law, as a representation.
All samples of acts of prosecutorial response toThe violations of state bodies have an approved form. They are brought in the same way as the protest, the prosecutor or the person replacing him. Bring an introduction to the state agency or a person holding an appropriate position or vested with authority to review and remedy the violations committed. The submission of the prosecutor in any case is considered without delay, in the next 3 days. To make a representation, the public prosecutor should be ready to study the materials of the previous verification. The only grounds for presenting a prosecutor's submission can be considered the established facts of violations.
What does the prosecutor's presentation include?
In any of the submissions made by the prosecutor, regardless of the federal level, the following information is provided:
- Indicate the official or body to whom the act of prosecutorial response is sent.
- Information sources, in which there are data on specific violations of the law.
- Direct characterization of violations, including consideration and analysis of the causes, conditions and circumstances that contributed to the assumption of errors in regulatory legal acts.
- Prosecutor's demands to eliminate violations and underlying circumstances, factors.
- Instructions of the prosecutor regarding the procedure and the deadlines for consideration by the body or person-offender of the submission.
Additional content of the prosecutor's submissions
In the text of the presentation, there may berecommendations of the prosecutor regarding the liquidation of the violation. In any case, they should have a legal orientation, not carry the nature of the action that encroaches on the management process in a particular field of activity, often designated as operational and economic.
От прокурора могут исходить также предложения по elimination of circumstances that provoked a violation of the law. Here, in most cases, we are talking about legal "inconsistencies" in the technical, organizational, managerial and economic areas.
Such acts of prosecution response (types of suchdocuments are considered to be among the minor regulatory documents) are executed in accordance with the conclusions of narrow specialists of the relevant fields, other materials of inspections, audits, etc.
Features of the inclusion of the prosecutor's control dates
As for the prosecutor'son the prompt elimination of the causes of the offenses, they often contain a statement of the question of bringing to account the material or disciplinary responsibility of those responsible for the incident. Naturally, in the actions of violators there are no signs of administrative misconduct or criminal offense.
If we study some sample actsprosecutorial response, especially representation, then in most of them it is impossible to find a detailed description and mechanism for legal regulation of the procedure for reviewing the submitted document. However, it is probably not worth talking about the fact that the document is being considered without delay. The time limit for review is also not clearly established. Meanwhile, it is clearly indicated that specific measures to eliminate the violations committed, as well as the factors associated with them, must be taken within the next 30 days.
Месяц, отведенный на принятие каких-либо решений and actions for an organ or an intruder are generally perceived by the responder as a time for consideration. Avoid prolonged paper red tape is possible only in case of inclusion in the presentation of a clear explanation of the dates and dates. Only with deliberate ignoring of the requirements, the prosecutor can have sufficiently valid reasons for initiating proceedings on an administrative offense.
Characteristics and scope of the prosecutor's order
Акты прокурорского реагирования, виды которых deserve detailed consideration, diverse. The list can be continued with the following necessary document, which is the result of the activities of the prosecution authorities. In this case we are talking about the decision. The prosecutor has the right to make a regulatory legal act of this type during the implementation of supervision in various spheres of economic, health, socio-cultural, transport and other spheres of public relations. The decision of the prosecutor is an important act, indispensable in the case of participation in criminal proceedings in the proceedings.
Ведь прокурор, осуществляя свои функции надзора over the observance of the legislative base of the Russian Federation by state authorities, committees, services, executive authorities, local self-government, military administration, control bodies, has all the powers to make a decision to initiate a criminal case or the commencement of the proceedings on an administrative offense.
The decision of the prosecutor in a criminal case, as well as the first results of the review are taken by law enforcement agencies, which must be stated in writing.
Prosecutors or officials replacing them,are obliged to make a sample of the decision in case of the need to release an unlawfully detained person in places of imprisonment of compulsory nature, as well as in a forensic psychiatric institution with unlawful unreasonable placement.
Прокурорское постановление обязательно для execution by the administration of the institution, by the executive judicial bodies working with persons whose sentence is not connected with deprivation or restriction of freedom. It is also worth noting that the prosecutor has enough authority to independently make any procedural decision during criminal proceedings at any of the pre-trial stages.
- recognize as civil defendant a civilian;
- attach to the criminal case the important material evidence;
- apply objective, in the opinion of the prosecutor, a measure of restraint.
What is a warning to the prosecutor
Another means of prosecution should becall a warning aimed at preventing violations of laws. In the presence of data on planned illegal actions to persons occupying responsible positions, the instruction is declared. The sample document has a specific form approved by law. In writing, the prosecutor or his deputy caution is most often sent to prevent acts of extremist activity.
Only in the presence of objective, reliable andthe prosecutor or his deputies, as well as subordinate prosecutors, send persons a warning about the confirmed information about forthcoming unlawful actions. The document includes:
- confirmed information about the planned criminal act;
- specific grounds for declaring this act of prosecution response;
- list of violations, as well as the deadline for their elimination (at least 2 months).
In 1999, the Prosecutor General’s Office of the Russian Federationsent an instruction "On the application of warnings on the inadmissibility of violation of the law." This document describes in detail the various conditions for issuing an order. Prosecutors of all links, as well as military and specialized ones, use this regulatory act as the main measure for the prevention of misconduct.
As well as protest, ruling andsubmission, caution is carried out exclusively by the main prosecutors. It is worth noting that, as such, prosecutors use caution in order to supervise the full implementation of laws and regulations.
What is the need for acts of prosecutorial response?
No matter what specific actprosecutorial response and supervision is directed to a particular body, organization, etc., it must be executed within the prescribed period, since it must be strictly enforced.
- control over the execution of laws;
- supervision in order to respect human rights and freedoms;
- control over the activities of investigative bodies, inquiries, operational-search sector;
- supervision over the unquestioning implementation of legal acts by administrations of districts, cities;
- control over the implementation of the legislative base by the administrations of places of deprivation of liberty and institutions of compulsory content
In the event of willful non-compliance with prosecutionrequirements based on sufficient powers, any of the ignored response acts - protest, decree, prescription (a sample of each of them can be found as an annex to the relevant legislative act) is fraught with a fine for the violator, the average size of which is 1-3 thousand rubles (according to RF).
