What is the system and organizationprosecutors of the Russian Federation? How does this structure function? The answers to these questions will be provided by the Federal Law "On the Prosecutor's Office of the Russian Federation", some provisions of which will be discussed in the article.
About the Prosecutor's Office
The Russian Prosecutor's Office is a unifieda system of federal bodies working on behalf of the Russian Federation. The main duty of the prosecutor's office is to monitor compliance with the law in the country. This is necessary to ensure the strengthening of unity and the rule of law. The Prosecutor's Office protects freedom and human rights, and also protects the legitimate interests of society.
In addition, the Russian prosecutor's office is involved in:
- supervision of the execution of laws by those bodies that carry out search and operational activities, namely inquest and investigation;
- control over observance of freedoms and rights of citizens by all the authorities 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 General Prosecutor's Office issues special regulatory publications.
Principles of operation
Article 4 of the Federal Law "On the Prosecutor's Office of the Russian Federation" establishes the basic principles of the activity of the jurisdiction in question. In particular, here it is worth highlighting the following points:
- the exercise of powers irrespective 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 necessary to allocate one more principle,stipulated in the second article of this draft law. It is about international cooperation. Thus, the RF Prosecutor General's Office should closely and productively cooperate with foreign bodies that carry out similar functions. It is, of course, necessary to obtain valuable experience and exchange useful information.
And what can you say about the employeesconsidered instance? Article 5 of the Federal Law "On the Prosecutor's Office of the Russian Federation" provides for the prohibition of interference with prosecutor's supervision. What does this mean? In short, any impact from someone else's side (be it state power, the media, official or legal persons, etc.) will entail legal obstruction. Moreover, especially bright forms of influence on the activity of prosecutors can entail the imposition of responsibility.
Article 6 refers to the mandatory executionrequirements of prosecutors. Thus, the legal instructions of prosecutors should be subject to unconditional and timely execution. At the same time, the bill in question also says that the prosecutor does not have the right to demand from the bodies information that is not stipulated by the prosecutor's check, not relevant to the topic of verification, or published in open access.
It is also worth noting that the following articlestalk about the participation of prosecutors in meetings of authorities (municipal or federal), on coordination in activities to combat offenses, on participation in law-making activities, on conducting anti-corruption expertise, etc.
Section number 2 of the Federal Law "On the Prosecutor's OfficeThe Russian Federation is devoted to the structure of the structure under consideration. What is the prosecution system? The prosecutor's office covers the following constituent elements:
- General Prosecutor's Office of the Russian Federation;
- regional prosecutor's offices of the Russian Federation;
- Military and other specialized prosecutors;
- printed editions, educational and scientific organizations.
All the instances submitted have in theiroperational management of objects of economic and social purpose. At the same time, the Russian Prosecutor General is involved in education, reorganization, allotment of status and the liquidation of all these bodies. Naturally, the creation and functioning in Russia of the prosecutor's office, which is not part of the general system, will be absolutely illegal.
About the Prosecutor General
As mentioned above, the Prosecutor General isthe main leader of the entire system. Appointment to the post of Prosecutor General of the Russian Federation and withdrawal from it is carried out on the proposal of the Russian President through the supreme chamber of the Federal Assembly.
The Attorney General can only becomea Russian citizen who has reached the age of 35 years, has the appropriate education and work experience. If the Prosecutor General is absent for some reason, 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 can repeatedly be appointed to the position in question.
The main duty of the Attorney Generalremains the submission of annual messages to the two chambers of the legislative branch of power in the Russian Federation. It is also worth noting that the official in question has the right to nominate his deputies to the President.
Prosecutor's offices of subjects
How are prosecutors formed and functioned?subjects of the Russian Federation? Article 15 of the Federal Law No. 2202-1 states that in the municipal bodies of the prosecutor's office special colleges must be created, in which the chairman, his deputies and various prosecutorial employees are obliged to attend. This applies both to conventional organs, and to specialized ones, for example, military type.
In addition, prosecutors of the subjects of Russiadepartments and administrations must be formed. In each instance there should be a boss, with chief assistants and deputies at the head. At the same time, the assistants are appointed by the prosecutor of the subject, 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.
On prosecutorial supervision
Most Russians have heard of such a famousterm, as "prosecutor's supervision." But do all citizens know what this term means? What is prosecutorial oversight? Act No. 2202-1, namely its third section gives a detailed explanation.
The subject of supervision is the banal followingboth the Russian Constitution and many other laws. Employees, supervising the observance of the relevant legal and regulatory acts, just carry out the prosecutor's supervision. How should the check be carried out? The body under consideration receives information indicating the existence of some elements of the violation of the law in the work of the bodies under inspection. The prosecutor or his deputies begin an appropriate check, which confirms or refutes the information on violation of the current legislation. 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.
The Prosecutor and the Court
Is there any interaction betweenthe prosecutor's office and the judiciary? The answer to this question is most likely obvious. The legal framework for the activities of the Prosecutor's Office of the Russian Federation stipulates close cooperation and constant interaction between the two systems represented. Thus, Article 35 of the Federal Law under consideration provides for the participation of the prosecutor in the consideration of cases by the court. It is the Prosecutor's Office who acts as a prosecutor.
In accordance with the laws of the Russian Federation,the employee of the prosecutor's office is able to apply to the courts with a request to join the case (at any stage), if the protection of the rights and freedoms of citizens, the interests of society or the state requires that.
The duties of the Attorney-General in thiscase are somewhat different. This person is obliged to work at meetings of the Supreme Court, as well as to participate in law-making activities together with other state instances. In addition, the Prosecutor General has the right to appeal to the Constitutional Court of the Russian Federation for interpreting 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 legalrequirements imposed on the personality of the prosecutor. The Federal Law under consideration states that prosecutors can be citizens who meet the following parameters:
- presence of Russian citizenship;
- The presence of higher education in the legal profession with state accreditation;
- the presence of proper professional and moral qualities;
- absence of health problems (for optimal work activity).
The prosecutor can not become if there are the following factors:
- foreign citizenship;
- the person applying for the position in question is incompetent or incapacitated;
- the presence of a criminal record;
- the presence of diseases that impede the implementation of effective labor activity;
- the court deprived them of the opportunity to hold the relevant positions;
- refusal to undergo the procedure for issuing admission to secret state information.
Thus, the Federal Law makes fairly clear demands on the employees of the prosecutor's office.