Today, Russia is on the path to the formation of a legal state. To achieve this goal, the government is carrying out democratic reforms. This course creates the prerequisites for strengthening the role of the prosecutor's office, acting as a centralized oversight body, in strengthening the rule of law and the rule of law in the country, ensuring the preservation of the freedoms and rights of people. Next, we consider this institution in more detail.
General information
The place of the prosecutor's office in the system of government is of key importance today. The fundamental directions of power - judicial, executive, legislative - do not exclude the possibility of the existence of other independent institutions. Their presence is determined by the actual needs that are characteristic of life in the country, the need to ensure democratic control over the functioning of the main branches. The prosecutor's office in the system of state bodies performs the task of eliminating any abuse of laws, no matter who they come from. At the same time, this institution promotes close interaction of all branches of government, their coordinated and uniform functioning. All areas are interested in strengthening and maintaining the rule of law. The system and structure of the prosecution authorities are called upon to provide it.
Legal status
In accordance with the content of the Constitution, the system of the prosecution authorities of the Russian Federation cannot relate to the judicial or executive branch. Justice is carried out only by the court. Executive bodies form an appropriate system. It is designed to implement the law. The system of bodies and institutions of the prosecutor's office is a federal institute. Until the adoption of the 1993 Basic Law, it was, to a certain extent, a control unit of the legislative branch.
This was consistent with the existing procedure for the appointment of the Prosecutor General, his accountability exclusively to the highest institutions of power. Thus, cooperation was carried out mainly with lawmaking. Today, as the head of the country, the president is responsible for the rule of law. The system of prosecution authorities should be a support for his power, help to overcome legal instability in society, strengthen the credibility of laws and regulations adopted in accordance with them.
Institute Content
According to Art. 129 of the Constitution and Art. 1 Federal Law The prosecutor's office of the Russian Federation is a centralized, integrated system of bodies. She exercises law enforcement supervision, operating in the territory of the country, criminal prosecution in the framework of the powers with which it is vested with the CPC. The system and organization of the prosecutor's office coordinates the activities of the law enforcement institute to combat crime. It also performs other functions that the Federal Law assigns to it.
The system of prosecution authorities of the Russian Federation
This institute has a lot of units. According to the Federal Law, the system of prosecution bodies includes units of territories, regions, republics, cities of St. Petersburg and Moscow, autonomous okrugs and regions, districts and cities. The construction of the institute is based on the administrative structure established by the Constitution. It also includes the system of military prosecutor's offices, transport, environmental and some other units. The territorial branch corresponds to the device of the country. In some cases, the name of the units is distinguished by a certain peculiarity.It follows from the features of the territorial division of a number of subjects of the country. In particular, in the Republic of Buryatia, prosecutor's offices of uluses operate, in Tuva - kozhuunov, and not districts.
The specifics of Moscow divisions
In this city, the system of prosecution bodies consists of divisions belonging to administrative districts and municipal districts. Thus, there are inter-district offices. They provide supervision in some municipal areas. Subdivisions of administrative districts also function. They have the status of city prosecutor's offices with a district division. Subdivisions of administrative districts provide management of inter-district branches. They directly supervise the observance of the rule of law in the territories under their jurisdiction.
Specialized Units
These include the Transport and Customs Supervision Authority. The system of prosecutor’s bodies includes transport departments, equal in status to units of the country's subjects. This branch was created mainly for the railway network and other highways. The Moscow Transport Prosecutor's Office is subordinate to the aviation and river units. They have the status of district units.
The specialized branches also include military prosecutor's offices. They carry out supervisory activities in closed administrative-territorial formations, at facilities of special importance, as well as in the formations of some departments and ministries. In all subjects environmental prosecutor's offices act. They are endowed with the status of district and subordinate to the relevant units of the autonomous okrugs, regions, territories, republics. Environmental departments carry out oversight of compliance with laws regulating environmental protection by enterprises, officials, organizations, citizens, and public associations.
Criminal prosecution
To enhance the impact on the state of legality during the execution of sentences in the form of imprisonment and other coercive measures that are appointed by the court, the relevant prosecutor's offices are acting. They exercise control over the rule of law in the criminal sphere. These units have the status of district. They are subordinate to the respective subject prosecutor's offices. Units in whose department correctional centers are located are responsible for overseeing the implementation of laws and their compliance with legal acts, and the observance of freedoms and human and civil rights.
Educational and scientific associations
The system of prosecution authorities also includes research institutes, two advanced training institutes. The research institute deals with the problems of strengthening the rule of law and the rule of law. The Institute for Advanced Studies is working with the management and staff of units. In addition, three educational institutions have been formed as part of the Moscow and Ural Law Academies and the State Academy of Law (Saratov).
Attorney General
It is headed by a relevant official with alternates and assistants. A board has been formed in the Prosecutor General’s Office, and special units have been created. These include, in particular:
- Secretariat.
- Organization and control department.
- Division for the Investigation of Critical Investigations.
- Investigative Department.
- Department of Forensics.
- Organizational and methodological management.
- Office personnel and others.
Scientific Advisory Board
The system of bodies of the prosecutor's office of the Russian Federation includes a unit whose activities are related to the consideration of issues related to the activities of the direct links of the institution in question. The functioning of the scientific advisory council is carried out in accordance with the Regulation.It is approved by the highest official - the Prosecutor General.
Credentials
In the Russian Federation, the Prosecutor General carries out:
- Management of the activities of units and control over their work.
- The publication of instructions, regulations, orders, instructions and orders, binding on all employees of institutions and prosecution authorities. These acts are aimed at regulating the issues of activity planning and establishing the procedure for implementing measures of social and material security of employees.
- Determination of the structure and staff of the Prosecutor General and subordinate bodies within the wage fund and the allocated number.
- Appointment and dismissal of heads of departments, chief, including advisers, deputies, assistants on special assignments, senior employees (forensic scientists and investigators).
Appointment
The Prosecutor General is hired and dismissed by the Federation Council of the Federal Assembly of the Russian Federation on the proposal of the President of the country. This provision is provided for in Art. 129, part 2 of the Constitution and Art. 12, part 1 of the corresponding Federal Law. If the candidate proposed by the president is not approved, the head of the country submits a new Federation Council within 30 days. The term of office of the Prosecutor General is five years.
Activities in the subjects
Prosecutors of the regions of the Russian Federation and other employees equated with them are accountable to a senior official. Their authority includes directing the activities of employees of districts and cities. They issue instructions, orders, orders, obligatory for execution by all subordinate employees, and adjust the staffing tables of their and subordinate staff within the wage fund and the allocated number.
Collegiums
They are formed in the prosecutor's offices of entities equated with specialized units. They include the chairman, deputies and other employees. At board meetings, the most important cases and issues related to the activities of prosecutorial bodies, the implementation of instructions and orders of a senior official regarding supervision and enforcement of laws are considered. In addition, the reports of the heads of departments and other units are heard, issues related to the selection, training and placement of personnel, projects of various orders are discussed.
District and city departments
The management team of these units is appointed and dismissed by the Prosecutor General. The term of office of superiors is five years. They report to higher employees. The posts of deputies, assistants, criminal prosecutors, senior investigators, and officers of special importance are established in district and city administrations. These officials are hired and dismissed by order of the leadership of the republican, provincial, regional departments, as well as units of Moscow and St. Petersburg, autonomous okrugs and regions. Prosecutors manage the activities of regional units and equivalent to them, make proposals to senior officials about changes in the staffing and staffing of their apparatus and their subordinate departments.
additional information
Throughout their powers of the prosecutor may be dismissed:
- Of my own free will.
- In connection with the resignation.
- Due to transfer to another job.
- In connection with the inability to fulfill their duties.
- According to the results of certification.
- When committing a crime established by a court verdict that has entered into force, and for other reasons.
Finally
Like other industry laws, the regulatory framework, on the basis of which the system of prosecution authorities of the Russian Federation operates, needs to be seriously developed and improved. Further development should be carried out along the way of strengthening the status of the entire institution as a centralized supervisory human rights branch.In order to increase the efficiency of their activities, officials may be vested with additional powers (rights).
This step will allow more accurately fulfill their functions, solve assigned tasks. At the same time, the obligation to comply with legal prosecutorial orders aimed at eliminating, as well as preventing crimes, restoring the infringed interests and freedoms of citizens and legal entities should be increased. An indispensable condition for the success of the institute is a more detailed specification of the supervisory and other actions of employees, as well as increased protection, including of employees, from encroachment and unwanted influences from criminal elements and other interested parties. Only in this case, the system and structure of the prosecution authorities will be able to maximally ensure the implementation of the tasks of the government.