The rational ordering of public life, the optimal balance of diverse, sometimes not just not coinciding, but even opposite aspirations and interests, citizens owe much to the legislative system. However, it cannot exist independently. A system is needed to monitor the implementation of laws. This task is assigned to a special authority. Supervision of the implementation of laws is carried out by the prosecutor's office.
Modern realities
The state of legality in Russia primarily depends on the objective difficulties of the present time, the mobility and, to some extent, the fragility of the legal sphere. Today in the country there is no stable legal system - it is at the formation stage. In the absence of a competently thought-out concept of legal transformations, legislative activity is carried out unsystematically. Existing gaps in the structure negatively affect the regulation of economic, social and other processes. The implementation of laws is not well implemented in the country. Against the background of a decrease in social discipline in the state, the denial of legal norms intensified. With the collapse of the old control system, a new one was not formed.
Supervision of the implementation of laws (general supervision). Subject of supervision
To normalize the situation in the country, special bodies have been created. Their main activity is supervision of the implementation of laws. They are vested with special powers to carry out this task. The state of legality in a state largely depends on the proper organization of their work. Supervision of the implementation of laws (general supervision) is a fairly broad area of activity. Control is carried out over the observance of a large number of regulatory acts, the behavior of entities that follow them and publish regulatory acts. Due to the extreme breadth and diversity of social relations that fall within the scope of the service in question, this area was previously referred to as “general supervision”. This definition has been preserved and is often used today.
Credentials
The controlling service oversees the implementation of laws on the basis of Art. 21 of the relevant Federal Law. The organization’s activity is to monitor compliance with the provisions of the Constitution and the main regulatory acts by state committees, ministries, departments and other authorities at various levels, both federal and subject type. The service oversees the implementation of laws officials heads of non-profit and commercial enterprises.
Structure Features
From the above list, it becomes clear how extensive the enforcement of laws is. There are several dozens of federal departments, ministries, public services and committees in the country. Moreover, their number is constantly changing. Supervision of the implementation of laws applies to all subjects of the country, municipalities. Military control bodies with a huge number of their officials, various enterprises and institutions, including their employees and management, fall into the control sphere. It is difficult to accurately determine the number of regulations that also constitute the subject of supervision. Law enforcement is monitored by officials with the appropriate authority. Almost all constitutional articles are primarily referred to regulatory acts subject to control.Also within the scope of supervision of the implementation of laws are norms of labor, civil, environmental, administrative law and its other branches.
The essence and purpose of control
Supervision of the implementation of laws is mainly carried out in the field and government bodies. It is here, according to statistics, that the largest number of offenses is revealed, there are facts of opposition to competent departments and officials in the elimination of crimes, interference in the work to fulfill the tasks assigned to them. In the field of public administration, strict compliance with laws is necessary. The instructions contained in regulatory enactments must be implemented regardless of any local differences and in spite of any territorial or departmental influences. The supervision of the prosecutor's office over the implementation of laws is considered the founder of the special activities of the relevant authority. Unlike other industries, it is designed to promote compliance with government regulations. Taking this property into account, the supervision of the implementation of laws can be considered the link that strengthens statehood in the country, the way in which the interests of the Federation and its constituents are coordinated.
Prosecutorial supervision of law enforcement
This industry has a direct relationship with:
- Formation of an effective vertical of power.
- Real protection and preservation of freedoms and human rights.
- Strengthening the activity of authorities at various levels of legality.
In monitoring compliance with the provisions of various regulatory acts, a substantial part of the preventive and supervisory potential of the prosecutor’s structure is implemented. With its help, it is possible to achieve not only the proper implementation of the legislation, but also the detection of violations at the early stages of their formation, as well as the adoption of the necessary measures to eliminate them.
Activities
Given the existing tasks of supervision over the implementation of laws, several sub-sectors to which control applies can be distinguished. These include, but are not limited to:
1. The social sphere. In this area, prosecutorial oversight of the implementation of laws by citizens and organizations related to human public life is carried out. In particular, the scope of control includes normative acts on:
- Internally displaced persons and refugees.
- Political freedoms and the rights of citizens.
- Labor, its protection and compliance with VET.
- Employment of the population.
- Health care.
- Education.
- Housing.
- Consumer Protection.
- Privatization of housing.
- Ecology.
- Radiation and nuclear safety.
- Pension Regulation.
- Perks.
- The fight against drug addiction.
- Appeals of citizens.
- Minors.
2. The economic sphere. In this area, the prosecutor oversees the implementation of laws on:
- The property.
- Entrepreneurship.
- Privatization of municipal and state enterprises.
- Banking and banks.
- Taxes.
- The earth.
- Investment.
- Roads and transport.
- Rent.
3. The defense sector. In this area, control is exercised over the implementation of legislation on:
- The border.
- Defense.
- Weapons.
- Emergencies and regulations.
4. Foreign economic sphere. In this area, compliance with legislation on:
- Customs
- Foreign economic activity.
All these areas cannot be considered exhaustive. In the course of the activity and development of the state, new problems of a social and economic nature appear. They require special attention from prosecutors overseeing the implementation of legislation.
Main functions
By carrying out supervisory activities in government bodies, the prosecutor's office, thus, contributes to the fulfillment of the tasks facing the state and society to protect the rights of the population, increase its material well-being.In other words, as part of the control measures, other issues of state, economic, political, cultural, national and public nature are also resolved. The tasks of the prosecution service are determined by the relevant orders of the Prosecutor General and the Law, as well as a number of other orders and instructions. Thus, the body in question:
- Be sure to intervene with the information received about the violation through the adoption of measures to detect and eliminate illegal actions and circumstances that contribute to this. In this case, it is necessary to focus on the Constitution. The first editions of the Law on the Prosecutor's Office did not regulate the implementation of supervisory activities regarding compliance with its provisions. Nevertheless, control was still carried out. The supervision of the implementation of the Constitution was provided by the prosecutor's office in reality quite continuously and systematically. However, the lack of relevant regulations formed the uncertainty of the position of the service in the performance of its function. In this regard, the necessary changes and amendments were made to the Federal Law. According to them, the subject of the body’s supervision includes the implementation of the provisions of the Constitution of the country. These adjustments reasonably filled the gap. As a result, the actual and quite serious role that service plays in the mechanism ensuring the operation of the Constitution was fixed.
- Maximizes the use of oversight over the implementation of legislation in the prevention of various kinds of illegal actions.
- Activates and improves the activities of existing state control bodies and law enforcement services. This work is aimed at ensuring compliance with regulations at various levels, strengthening the rule of law. This task is accomplished by performing prosecutorial checks in these structures and instructions to conduct monitoring activities in subordinate subordinate units, organizations, institutions, and enterprises.
- Actively implements the existing principle of the inevitability of punishment for an offense. This task is carried out by raising the issue of bringing criminals to the established responsibility, regardless of their property and official position, based on the fact that everyone is equal before the law.
- It brings information about its work to the public and the public through television, radio, periodicals. The prosecutor’s tasks also include notification of measures taken to eliminate violations and hold perpetrators accountable, indicating their positions and surnames, as well as the state of crime dynamics in the regions.
- It reveals flaws in modern legislation, the need for normative regulation of public relations, and takes measures to eliminate them. The latter is implemented by entering into representative bodies and structures entitled to legislative initiative relevant offers. At the same time, lower officials pass on their opinions through higher ones.
- Enhances the legal culture of officials. This is especially true for the leadership of state bodies that issue normative acts and perform other actions of legal significance, entrepreneurs, heads of commercial organizations, and citizens. This is achieved by instilling in these categories the need for strict compliance with applicable regulations. To the greatest extent this is facilitated by prosecutorial oversight, carried out in conjunction with the conduct of special preventive measures. At present, the main requirement for the service is to increase the effectiveness of control. This is expressed in the effect on the outcome of the work - the state of law and order and legality.
Compliance Statement
The implementation of legislation is materialized in legal acts or actions (inaction). They expressed the interests and will of the people. Through normative acts, actions (inaction) that give rise to consequences that have legal significance, the main task of the law is implemented, which acts as a mechanism for regulating public relations. They are also considered forms of compliance, covering all areas of law enforcement.
Internal structure of the service
Supervision of the implementation of laws is carried out by a set of bodies, units and officials. To them, in accordance with the list formulated in Art. 21 of the relevant Federal Law, include bodies:
- Federal industry appointment.
- Local government.
- Legislative and executive in the subjects of the Russian Federation.
- Management and the governing apparatus of non-state and state structures, whose activities affect various areas of public life.
This list is considered exhaustive. Amendments or amendments to it are allowed through the adoption of relevant regulations. The extremely necessary and very justified adjustment of the list was provided by the Federal Law of 10. 02. 1999. He eliminated the mistake that was made in the original edition. It consisted of non-inclusion in the list of non-profit and commercial organizations. This greatly complicated the process of performing prosecutorial supervision at the lower level of control activity, where the main volume of offenses is committed.
Distribution area
In the theory of prosecutorial activity, the question of the boundaries of supervision is examined from several sides: regarding acts, objects, the nature of control and measures that are recommended in order to eliminate violations that contribute to their conditions and the reasons for their occurrence. In general, these parameters may well be limited. It is believed that they fully establish the boundaries within which prosecutorial supervision operates. Their knowledge is sufficient to ensure a unified approach of employees to control compliance with regulations. This, in essence, is the meaning of establishing the limits of supervision.
Nature of control
It is defined by the tasks of the structure, its appointment as a body that monitors the law and seeks to approve the accurate and uniform implementation of standards by all organizations, divisions, officials throughout the country. As the main criterion for evaluating the activity of the controlled objects by the service, the compliance of their acts and actions with the existing legal norms in the state is used. The official, overseeing the implementation of laws, conducts a comparative analysis of the activities of subordinate units. At the same time, it fixes deviations from existing norms, requires correction of defects and elimination of offenses, conditions and reasons conducive to crimes. In this regard, in the field of view of the service is that part of the activities of controlled objects, which is regulated by law and related to their implementation. In accordance with the Federal Law, the actions of the body should not extend to the operational-economic sphere. He cannot substitute other services.
Limitation of authority
In connection with the above information, it is necessary to abandon the substitution of powers for the supervision of a higher state agency. For example, a service employee should not double-check the correctness of transfers of regulatory taxes. Even with the great significance of the problem, one should not shift its solution onto the shoulders of the prosecutor on the basis of inaction of the state bodies obliged to do this. The nature of the control activity also indicates the lack of administrative authority of the service employees.
The prosecutor is not obliged and does not have the right to take measures to directly eliminate violations.The mission of an official is to identify the fact, causes and conditions of unlawful actions, raise the question of their elimination before the body or its employee, whose competence includes the implementation of relevant measures. The essence of specific measures, as well as the procedure in accordance with which they will be implemented, are determined by the indicated organization, and not by the prosecutor. On the one hand, this ensures the preservation of the independent position of the control service employee in such situations. On the other hand, the prosecutor’s professional approach to resolving the issue of restoring the rule of law is ensured.
Separate direction
Due to the fact that the functions of the bailiff include the execution of both judicial and other acts, the service as a whole is separated from the judicial system and included in the structure of executive bodies. Control over its activities has a number of features. When supervising the enforcement of laws by bailiffs, a higher official or service determines whether the actions of the subordinate structure or its individual employee comply with their orders. It is also necessary to check for signs of exceeding one's official authority in the activity. According to the law, according to their functions, bailiffs are divided into two categories:
- Providing a certain order of activity of the relevant authorities.
- Executors of court orders.
In the first case, the legality of the use of firearms, special means and physical force is controlled. Supervision of compliance by bailiffs with legislation consists of a direct audit of their activities. Control is also subject to decisions that are made by these employees. Supervision of their activities includes checking compliance with their freedoms and rights of the population and legal entities.
It should be noted here that all these components are closely interconnected. So, in the event that the bailiff makes a decision contrary to the law - makes an unreasonable decision, for example, - he subsequently acts in accordance with it. As a result, they violate legal norms, which, in turn, in most cases infringes on the freedoms and rights of the organization or individual. If the verification of the actions of the bailiff is carried out at the request of the legal entity or individual who appeals against his inaction or action, and there is no reason to assume the existence of other violations, we can limit ourselves to checking the available facts. However, in practice, as a rule, there are several violations at once, which the applicant may not even suspect. In this regard, it is considered more appropriate to verify the enforcement by the bailiff of the whole complex of those requirements that have been presented.