The prosecutor's office of the Russian Federation is a united hierarchical state structure that monitors compliance with the legislation of the Russian Federation and the requirements of the Constitution of the Russian Federation. There is federal law No. 2202-1 of January 17, 1992 “On the Prosecutor's Office of the Russian Federation”, which clearly and clearly sets out the functions, powers, specifics and the procedure for carrying out certain actions. The prosecutor's office does not depend on any organization.
Who is the prosecutor
The prosecutor is the representative of the accused party during the trial. He collects information that would indicate the guilt of the defendant, collects direct evidence, interviews witnesses, and develops the logical chains of the offenses that have occurred.
Citizens of our country and the whole world are obliged to live in compliance with laws, since a socialized society must be controlled in some way so as not to harm others. But, unfortunately, far from everyone knows the legislation. That is why there was a need for such a position that will help to comply with the law and the integrity of the population. Otherwise, prosecutorial work is in progress.
It is easy to recognize him among the participants in the trial - the uniform of the prosecutor is blue.
Why do I need a prosecutor
The trial is structured in such a way that the judge must pass an objective verdict on the accused, who is defended by a lawyer who argues for the innocence of his client. Accordingly, there must be a counterbalance, otherwise the decision of the judge will be subjective and based only on the arguments of the lawyer. Such a person is the prosecutor. He presents in court the entire accumulated database of information on the case under consideration. And the judge, having weighed all the pros and cons, makes an impartial verdict.
What skills and education do prosecutors need?
In order to work in this position, a higher legal education is required. Experience in this area is required.
A prosecutor is a person with a well-structured speech, the ability to think logically, the courage to take responsibility, the knowledge of spelling, the ability to convince people with his arguments and clearly defend his point of view. Erudition is an excellent quality that will greatly help in such work.
The prosecutor is an indicator of integrity and justice, since all his actions have certain consequences both for the course of the entire trial and for the defendant himself.
It will be very difficult for a person with excessive self-criticism and a highly developed sense of guilt to cope with this kind of work. This profession implies a certain “heartlessness” and the absence of pity and compassion.
The form of the prosecutor commits to the implementation of clear rules, a constant logical thought process, composure in decision-making and hard work, so not every person could do such a job.
Functions of the prosecutor
The actions of the prosecutor at the time of the trial are the performance of the function of the prosecutor. He needs:
- Take part in court cases, both criminal and civil.
- To refute and seek a review of cases in which sentences and decisions violate the law.
- Take the initiative in law-making.
- To deal with administrative violations.
- Monitor compliance with laws and the Constitution of the Russian Federation.
- To study the applications of Russian citizens.
Each action of the prosecutor leads to certain consequences, so all his steps must be carefully verified and considered in order to collect all the reliable information and not to miss key points.
Powers of the prosecutor, first category
The supervision of the prosecutor is to comply with the laws of the Russian Federation and its Constitution. For the effective performance of tasks, the prosecutor is endowed with certain powers, which are conditionally divided into two categories.
The first is the prompt response to violations of the Federal Law of the Russian Federation and the clarification of the circumstances in which these actions occurred, as well as the identification of the violators themselves.
In this case, the following powers are granted to the prosecutor:
- Unimpeded to be present in the controlled territories, except for the secret ones, for which special access is required.
- Have access to all the documentation, which in any way can help in its work. At the same time, the prosecutor is prohibited from disclosing classified information. Otherwise, he will be punished in accordance with the laws of the Russian Federation.
- To ask the management of those structures whose activities are controlled by the prosecution authorities, any information: projects, materials, documentation, reports and other data, while respecting the subordination.
- Through the leadership of the controlled structures, require the necessary expert staff (engineers, doctors, financiers, accountants, technicians and specialists of other areas) to help clarify circumstances that, from a professional point of view, will be able to conduct an assessment and give an exhaustive answer to the prosecutor on issues of interest to him.
- Assign inspections to subordinate bodies with a full report of their conduct.
- Interrogation of civil servants and the population about the crimes committed, the requirement of written explanations of the reasons and circumstances in violation of the law.
- Carry out prosecutorial verification and establish the legality of legal acts.
The second category of authority
The second category of powers allows the prosecutor to eliminate the established offenses and bring the people involved in this to justice before the court, namely:
- To challenge those normative legal acts that contradict the legislation of the Russian Federation, to file an appeal with the court in order to annul them.
- Identify violations in subordinate institutions.
- Identify administrative offenses.
- If necessary, initiate or resume a criminal case.
- Bring violators to disciplinary or criminal liability in accordance with a court decision.
- It is unlawful to release persons in detention.
- To warn civil servants about the consequences of non-compliance with laws, thereby the public prosecutor warns officials from possible consequences. In modern realities, this is extremely important.
Public Prosecutor
This issue requires careful consideration. Basically, the prosecutor participates in the civil process when it is of public importance or concerns the interests of the state and its citizens.
One of the most significant functions performed by the prosecutor is to participate in legal proceedings regarding complaints by officials, who, in turn, have infringed on the rights of the population in some way.
In addition, he must protect the interests of minors in court.
On the one hand, the prosecutor is obliged to suppress and liquidate the consequences of offenses, on the other hand, to exercise control in order to establish and warn them.
Prosecutor in arbitration
The primary task of the prosecutor in the arbitration process is to uphold state and social interests in the economic sphere.
The Arbitration Procedure Code of the Russian Federation provides a list of cases in which he can appeal to the arbitration court.
The prosecutor appeals to the arbitration court only in case of violation of the law in such a way that the rights and interests of the state and its citizens (both individuals and legal entities) are infringed and when these violations cannot be eliminated through an unskilled means.
Prosecutor in criminal proceedings
A prosecutor is a person who, on behalf of the state, monitors criminal activity, work bodies of inquiry and pre-trial investigation.
The following may participate in the trial:
- Prosecutor General of the Russian Federation.
- Prosecutors under his authority.
- Deputy prosecutors.
- Officials of prosecutor's offices who are vested with the powers prescribed for this (law on the prosecutor’s office, clause 31 of Article 5 of the Code of Criminal Procedure).
The prosecutor participates in the court at all stages of the criminal process, but the powers vary depending on the stage of the process.
The prosecutor was given the greatest influence at the time of the initiation of the criminal case and the initial proceedings. He controls the prescriptions of laws by those structures that are engaged in operational investigative activities, interrogation and prosecution.
In the criminal trial itself, the prosecutor plays the role of the public prosecutor who supports the indictment on behalf of the Russian Federation, or the official taking measures to eliminate the crimes.