When identifying violations of applicable law and establishing the circumstances that contribute to it, the prosecutor must take measures to eliminate them and, accordingly, prevent them in the future, as well as to bring those responsible to justice in accordance with applicable law. To this end, the laws regulating supervision provide for a sufficiently large number of specific powers of representatives of these law enforcement bodies, that is, individual duties and rights that ensure the most effective violation of laws. All these powers in the theory and practice of existing prosecutorial supervision are usually called legal means, acts of prosecutorial response should be drawn up for all of them.
What are the funds?
By the order of application and their external expression, they can be general, which apply to all branches of prosecutorial supervision and individual sections of the prosecutor's office, as well as specific, which are characteristic for certain areas.
The first include, first of all, the protest of acts that contradict the current legislation, as well as the introduction of all kinds of ideas on the elimination of offenses.
Specific means of response include the issuance of opinions and the statement of all kinds of petitions by the prosecutor in court.
How are they used?
Thus, actions aimed at eliminating identified violations in accordance with applicable law are legal means for prosecutors to respond to any violation of laws.
The implementation of these funds is carried out using oral or written acts of prosecutorial response, the main of which are protests, decisions and representations. It is worth noting the fact that the current laws do not establish any specific written expression that could correspond to all types of acts. For some of them (for example, protests made during criminal proceedings) a written form is provided, while for others it is both oral and written.
What are they?
Acts of prosecutorial response are specific legal acts that are introduced exclusively by the prosecutor in the process of exercising his powers. By itself, an authorized employee as a state person engaged in supervision does not have any administrative authority, that is, does not have the right to give any orders to those bodies that are within his competence and over which he exercises supervision. For this reason, he does not have the opportunity to directly cancel the implementation of an unlawful legal act, ensure the restoration of violated law, or bring the guilty persons to administrative or any other responsibility.
It is for this reason that acts of prosecutorial response are used. They allow you to contact the competent authorities and require them to completely eliminate violations of applicable law with the subsequent prosecution of all perpetrators.
The legal acts of the prosecutor’s response, which are issued by the prosecutor during the supervision of compliance with the legislation of the work, have a specific feature. preliminary investigation bodies and inquiries. With the exception of various views, these acts are administrative in nature, which obliges the investigation and inquiry bodies to carry out specific procedures.
Structure
The structure of the acts of prosecutorial response presents them in the form of individual measures addressed to various officials or bodies in connection with certain facts of offenses. They oblige others to react to such cases accordingly, that is, they need to consider it, take all appropriate measures and report the result to the prosecutor who introduced them. Particularly important here is the correct presentation. The act of prosecutorial oversight must very accurately and fully express the principles of law powers of the prosecutor as well as the requirements that are based on them - this is a prerequisite for the effectiveness of such supervision.
Further choice of means of response depends directly on the nature of the offenses committed, the causes of their occurrence, as well as the harmful consequences and the degree of guilt of persons who should be held accountable. In the overwhelming majority of cases, it is customary to use such acts of response (prosecutorial supervision). In addition, their forms are selected that provide the maximum effect, and at the same time allow you to eliminate and prevent the violation of laws as quickly as possible.
Requirements
In addition, it is worth noting that there are a lot of requirements for prosecutorial response. First of all, it should be timely and extremely operational, if possible. It should also be:
- proactive
- reasonable;
- integrated;
- finished;
- adequate;
- sharp enough.
In addition, the response should be supplemented by various preventive measures, and only then can they be the most effective.
Protest
The standard act of prosecutorial response is protest. In the event that any legal acts or their individual requirements are found that contradict the current legislation, in accordance with the latter, the prosecutor himself or his deputy must bring a protest to the authority or to the specific official who issued these rules, or to a higher authority. The last stage is the appeal to the court in the manner prescribed by the procedural laws. Thus, the prosecutor has the right to choose, but at the same time he must make it taking into account many circumstances.
The most common acts of prosecutorial response are precisely protests, since in the overwhelming majority of cases they contribute to the most prompt cancellation of illegal acts, given the utilization of modern courts in various cases. Among other things, in the process of conducting surveys it was found that many leaders perceive the protest an order of magnitude less painfully compared with statements suppressed in court.
It is advisable to send such acts of prosecutorial response to violations of the law to higher authorities if the official rejected them, and in this protest, in addition to other issues, the issue of bringing this person to disciplinary liability is also raised. There may also be a need to bring to the attention of other or similar bodies.
If there is reason to believe that the relevant authority or individual official may reject the protest, or he will ultimately remain unsatisfied, or if, during the consideration of the received application in court, a violation of the law will be determined in a shorter time, the prosecutor may must go to court in order for the issued illegal act to be declared invalid.
Features
The essence of such a protest is that the prosecutor in the process of his own enforcement oversight on behalf of the country indicates where exactly such a violation of the law is manifested, and therefore requires the relevant authority to immediately repeal the illegal act or bring it into full compliance with applicable law with the subsequent restoration of the rights and freedoms of citizens, as well as the legitimate interests and rights of state and any other organs.
Modern practice and legal science have identified several mandatory details of the protest:
- the name of a particular official or body that makes it;
- title;
- the number, as well as the date of publication of the act, which contradicts the law and is challenged by the prosecutor;
- a summary of the content of illegal elements;
- a complete list of violations;
- reference to violated laws;
- the prosecutor’s proposal related to the repeal of an illegal act or bringing it into full compliance with applicable laws;
- the official position and rank of the person who brought the protest, as well as his individual signature.
Among other things, the concept of acts of prosecutorial response also provides for the possibility of indicating the need to consider this protest and immediately inform the authorized prosecutor about it.
In cases where the protest should be considered by a collegial body, the prosecutor must be notified in advance of the date of the meeting. Recently, the practice has formed the speeches of prosecutors at ongoing sessions of various representative bodies, as well as all kinds of meetings of the administration with the justification of the protests, and such actions have yielded positive results. In such cases, the prosecutor has the opportunity to answer in detail the questions of authorized persons, to clarify the requirements of the current legislation and the essence of the violation, as well as its harmful consequences, so that in the end the act is declared invalid.
Representation
Representation - an act of prosecutorial response, which is most often used for violations of the law. It is submitted by the prosecutor or his authorized deputy to a specific body or directly to an official who can eliminate the violations and is subject to urgent consideration. It is introduced on the basis of a thoroughly conducted one or more prosecutorial checks, as well as an extremely deep analysis of the revealed offenses and the circumstances that contributed to them.
In the narrative, it is customary to list all identified offenses, as well as various circumstances that contributed to them. In addition, officials and other persons guilty of their commission or contributing to this are indicated. The submission is a fairly universal act of prosecutorial response, with the help of which an authorized person can ask a variety of questions mainly of a legal nature, which help not only eliminate and prevent possible offenses, but also bring to justice all those responsible.
Training
In the process of its preparation, special attention is paid to legal validity, literacy, reliability, as well as laconicism, that is, a short, but at the same time extremely exhaustive statement of all circumstances. All the information that this act of the prosecutor’s response includes (sample above) should be thoroughly checked beforehand, and his proposals should be as specific as possible and provide for the most effective measures aimed at eliminating offenses and preventing them.
In the event that the offense occurs for the first time, and the head of the body does not have to be held accountable, the submission may be made to the head of the head.If the prosecutor responded to these offenses, and at the same time a public danger emanates from them, or there is a need to draw the attention of higher authorities to this situation, then in these cases these acts of the prosecutor's response are sent to them. The types of representations are already determined directly by the prosecutor in the performance of his duties. For example, generalized notions may be introduced, offering certain measures that need to be taken at subordinate enterprises.
Regulations
In the event that the perpetrators are to be held administratively liable, and other acts of prosecutorial response have not raised this issue, the decision is the only correct measure. It should be noted that they can take it out both in relation to officials and ordinary citizens.
The main purpose of this act is to bring before the competent authority the issue that the person guilty of an offense or a group of persons must be brought to administrative responsibility. Thus, the relevant body or official draws attention to the situation that has arisen and the degree of public danger, and also understand the need to bring the guilty party in order to prevent such offenses in the future.
At the same time, it is worth noting that, depending on the situation, the prosecutor can make a decision on the need to institute administrative proceedings or criminal cases using the relevant acts of the prosecutor's office. The law also states that if any persons who were unlawfully arrested or administratively detained by non-judicial authorities are discovered during inspections, the prosecutor must take immediate measures to get them released by issuing an order to release those arrested in administrative order.