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The powers of the prosecutor. The law on the prosecutor's office of the Russian Federation in simple words. Prosecutor General of the Russian Federation

General supervision is a leading area of ​​prosecutorial activity. Control over the implementation of legal requirements contributes to the implementation of the most important tasks to ensure the supremacy of the Constitution and regulations in force in Russia. Next, we will examine in more detail what are the powers of the prosecutor. powers of the prosecutor

General information

Prosecutorial supervision covers a fairly wide area of ​​legal reality, which is associated with the practical implementation of laws. The attention of employees is a huge number of regulations. According to the current regulations, the bodies of the structure are subordinate to the Prosecutor General. In Russia today it is Yu. Ya. Chaika. He is appointed and dismissed (on the proposal of the President) by the Council of Federations of the Federal Assembly. The term of office of the prosecutor is 5 years.

Definition

The powers of the prosecutor are a set of duties and opportunities that are used by the employee in the exercise of supervision. With the help of them, the employee identifies, warns and eliminates violations of certain legal requirements. The activities of the prosecutor are also aimed at establishing the causes of crimes and the conditions that contributed to their commission. The employee also holds accountable those who have committed violations. The duties and rights of the prosecutor are defined in the corresponding Federal Law. All of them are divided into three groups:

  • Identification of crimes, their causes and conditions conducive to commission.
  • Elimination of violations.
  • Crime Prevention.

Identification of violations

The powers of the prosecutor ensure the establishment of factual information about the crime event, the method of its commission, the persons who are responsible for it. The employee also identifies the amount of damage caused and establishes the specific circumstances that led to the violation. Information can be obtained by various methods. In particular, by direct detection of the facts of the crime, by requesting and studying the relevant documents, with the help of specialists, by interviewing individuals. activities of the prosecutor

Access to essential materials

The status of the prosecutor allows the employee to verify the documents of the supervised bodies. In this case, the employee is guided exclusively by state interests. It should be noted that the Law "On the Prosecutor's Office of the Russian Federation" does not contain any restrictions on the degree of openness or content of materials. The employee is granted access to all documents marked "for official use", as well as containing information of an intimate, medical and other nature, commercial secret. At the same time, the Law "On the Prosecutor's Office of the Russian Federation" indicates that the employee, having such information, cannot disclose it.

For checking documents containing military or state secrets, as well as papers labeled "top secret" or "secret" special permission is required. He may have the Prosecutor General of the Russian Federation. When familiarizing and studying these materials, the employee must follow a certain procedure for handling them. In the event of the disclosure of information that constitutes a military or state secret, the prosecutor is responsible on an equal basis with other officials and other persons.

Document Requirement

The powers of the prosecutor allow him to make a request not only directly to the head of the supervised body, but also to his other employees. In practice, requirements are first presented to the authorities. The initial appeal to lower-level employees of the controlled body, bypassing management, is regarded as a violation of subordination. In the absence of the head, the prosecutor shall forward the request to the official replacing him. law on the prosecutor's office of the russian federation

Document Verification Objectives

The prosecutor is interested in information about the compliance of the body with existing legal requirements, about crimes already committed and the measures that are being taken to eliminate and prevent them, as well as about bringing the perpetrators to justice. When familiarizing himself with the necessary materials, an employee can establish specific facts of crimes, obtain evidence, determine methods and forms of obtaining missing information. By studying the documents on the spot, the employee has the opportunity to immediately contact the officials for explanations, necessary certificates. Also, the prosecutor can immediately compare the real situation and the data reflected in the materials.

Features of working with documents

The above powers clearly overlap. Nevertheless, they are considered independent. The difference between the requirement of provision and access to materials is the employee’s direct approach to determining the complex of papers that will allow him to understand the situation. In the first case, the materials will be in an unspecified, general form. This is due to the fact that the employee has no data, in which documents the information of interest to him is present. In the second case, the employee, turning to managers or other officials, provides an accurate list of papers that he needs.

Another difference is also those tasks that are solved through the implementation of these powers. So, in the first case, they have a search character. The task of the prosecutor is to detect and record the necessary information as quickly as possible. Often, he should also consider measures to ensure the safety of materials. In the second case, the task of replenishing the existing database with missing information is performed. It must be said that the process of familiarization with materials directly on the spot is more labor intensive. If we talk about the results, then in the second case, when working directly with materials in the organization, the prosecutor has the opportunity to immediately establish the fact of violation and determine the persons responsible for it. When requesting securities, such a result, as a rule, is not. the rights of the prosecutor

Access to sensitive documents

The functions of the prosecutor include work not only with ordinary enterprises. Upon presentation of a certificate, and sometimes a special permit, he can check the materials that contain classified information or state (military) secret. As mentioned above, the Prosecutor General of the Russian Federation may have such opportunities. It should be noted that the employee is not driven by idle interest, but by his professional duty. In this regard, no obstacles should and cannot be created for the implementation of this task.

In some cases, the right of the prosecutor to have unhindered access to the premises or to the territory of the controlled facility may be limited by access control, departmental instructions, and other factors. If physical barriers arise, the employee may resort to a request for assistance from the police. However, he may also institute proceedings on an administrative violation against the perpetrators. The right to unhindered entry implies the possibility of an employee entering a specific person at a designated place.Departmental instructions, as well as other acts that may restrict the employee’s access, should immediately be appealed by a senior official. As him, for example, can be the prosecutor of the republic.

Assistance Requirement

When checking in any body, institution, company, the prosecutor may require the allocation of employees to him to clarify certain issues. The controlling employee is faced with various spheres of public life in his work. Moreover, he needs to solve a fairly wide range of tasks. Usually, the prosecutor is placed in conditions in which he does not always have the opportunity to provide a qualified approach to a particular issue.

The assistance of specialists helps to overcome the deficit of knowledge that is beyond the boundaries of the professional training of the supervisor. The assistant prosecutor helps to take into account the characteristics of the economic, social, technical, cultural and managerial spheres. This, in turn, ensures the achievement of flawless work results. The assistant prosecutor may participate in the audit at its various stages. it executive Provides reasonable answers or conclusions to questions posed by the supervisor. Various specialists may be involved in the assistance: accountants, technicians, economists, engineers, and other workers, as a rule, occupying the positions of state inspectors (controllers). term of office of the prosecutor

Organization Self-Verification

The prosecutor has the right to request from the head of the audit at the enterprise and the transfer of its results to him. In this case, the supervisor will send a written notice of the need to carry out the audit and report its outcome. To fulfill this requirement is usually allotted no more than 10 days from the moment it arrives at the enterprise. In the case of intentional evasion of the execution of this order, the prosecutor may institute proceedings on an administrative violation.

Accountability and jurisdiction

These two concepts suggest that the prosecutor may request an audit from those units that carry out the control, or which are subject to audited structures. So, for example, the regional prosecutor orders the lower units in the settlements about the need to carry out an audit. After execution, they draw up a report and send "up". The city prosecutor carries out departmental verification of the executive oversight bodies of the municipality. Employees who follow the instructions of higher officials may require the facility management to conduct an internal investigation in connection with any emergency (accident, accident, abuse, shortage, etc.). The prosecutor of a district, municipality, or constituent entity of the Federation may require an examination. This is realized through the issuance of an appropriate resolution.

Calling a citizen or official

The exercise of this power is important in verifying the facts and securing evidence of a violation. Correct is considered a direct call to the supervisory structure. However, if necessary, to familiarize and analyze a large amount of materials, taking explanations can be carried out at the place of work of a citizen or official. As a rule, the prosecutor requires a written statement of the information. When the prosecutor receives explanations from the offenders, the supervisory officer has the opportunity to more fully, objectively and comprehensively study and analyze the circumstances of the crime or abuse. The content of the questions to the interviewee will depend on the degree of his knowledge.As a rule, persons in senior managerial posts possess more complete information. As for citizens, among them the heads of non-profit and commercial organizations, but not the officials of the executive bodies of state power, are considered more knowledgeable. functions of the prosecutor

Law enforcement

This work is carried out in case of receipt of information on the presence of an offense or abuse and the need for action. As for acts that are issued by federal departments and ministries, executive and judicial bodies in entities, local, military command and control structures, their verification can be carried out both in the presence of information about violations and in their absence. Here, however, it should be said that even when information is received about abuse or crime, the prosecutor performs supervision in the event that it cannot be entrusted to other controlling units.

Troubleshooting

To prevent crimes, the prosecutor uses a set of legal methods. The elimination of offenses also provides for the elimination of its consequences and the prevention of new abuses. To eliminate violations, the prosecutor has the right:

  • Protest regulatory acts or apply to the courts with a claim for invalidating them. This power is considered not only as a right, but also as an obligation of the prosecutor. In other words, in the event of non-compliance, the employee cannot evade the response. A protest is submitted in writing. The mandatory details of the document are the exact name of the body that adopts it, an indication of a normative act that contradicts, in the opinion of the prosecutor, the lawfulness with reference to the relevant provision, listing the grounds for non-compliance.
  • To submit to the state and other bodies submissions on elimination of violations and circumstances contributing to them The procedure for transmitting this document is similar to that described above. A submission is made to that official or to the body whose competence will ensure that appropriate measures are taken to eliminate the violation, as well as its causes and circumstances. prosecutor status

Initiation of cases of violations

This power is exercised by the prosecutor if there is a sufficient amount of information confirming the crime. The employee may institute administrative proceedings. Without fail, this checks the absence of certain circumstances that may prevent the prosecution of the perpetrator. These include, in particular:

  • Failure to achieve sixteen years of age.
  • The presence on the same fact of an already held decision.
  • Expiration and other.

The prosecutor orders the initiation administrative proceedings. It is sent to the appropriate official, whose competence is the consideration of such cases. A decision to institute proceedings for crimes requiring arrest is sent to the judge immediately after being handed down. Decisions regarding other crimes are sent to the competent authority within 24 hours. The prosecutor may also institute criminal proceedings. In this case, he makes an appropriate decision. The criminal case initiated by the prosecutor is sent to inquiry bodies and preliminary investigation or taken by himself to production.

Attraction and release of persons

The prosecutor has the right to demand the application of appropriate measures to violators. To do this, the employee can make a decision. However, in practice, employees rarely resort to this form of response. Typically, prosecution is carried out through other prosecutorial acts.The duties of employees also include the immediate release of persons illegally detained. For this, an appropriate resolution is also issued.


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