Under the principle in the general sense of the word should be understood the key, initial position of a particular theory, science, teaching, activity, and so on. In this article we will analyze the principles of organization and activities of prosecution authorities. To begin with, it is advisable to study the concept and its definition.
The term and its essence
The concept of the principles of activity of the prosecutor’s office implies guiding basic principles of a general nature enshrined in the legislation in force in the Russian Federation. It is worth noting that it is they who determine the formation of prosecutorial supervision, the features and characteristics of the activities of structures and institutions of the prosecutor's office. In addition, the principles identify key requirements that apply to the work of these bodies. It is important to know that the meaning of the principles of the organization and activities of the prosecutor's office is as follows:
- In the approval of the systemic formation of institutions and prosecution bodies, as well as the relations of these structures with other bodies.
- In identifying the most significant characteristics and requirements.
- The mandatory implementation of the principles of activity of the prosecutor's office by prosecutors. Moreover, this condition must be fulfilled regardless of what positions they occupy.
System of principles
Further, it is advisable to consider the system of principles of organization and activities of the prosecutor's office. All current provisions can be classified into internal and general. The latter, in accordance with the Constitution and the law on the prosecutor’s office in force in the country, should include the following:
- Legality.
- Centralization and unity of the prosecutor's office.
- Publicity.
- Independence.
Rule of Law and Centralism
As it turned out, the rule of law is among the general principles of the organization and activities of the RF prosecutor's office. It is important to note that the legal framework for the activities of the Russian prosecutor’s office is formed by laws of the federal level, the Constitution, and international treaties that are in force in the country. Those functions that are not provided for by laws of the federal level cannot be assigned to the Russian prosecutor's office. Legality should be considered as a principle of both the organization and the activities of the prosecutor's office.
The second aspect of a general nature is centralism. In accordance with it, the Russian prosecutor’s office forms a single centralized system of the federal level, which includes certain institutions and bodies. This provision assumes that it operates in accordance with the rule of subordination of lower officials to higher officials, as well as to the Prosecutor General of the Russian Federation. It is worth noting that centralism is not the principle of activity of the prosecutor's office of the Russian Federation, but the rule of its organization. The remaining general provisions relate directly to activities.
Independence principle
One of the principles of activity of prosecution bodies is independence. So, prosecutor's offices are engaged in the exercise of their powers, regardless of the federal government, government structures. management of constituent entities of the Russian Federation, local government institutions, as well as associations and organizations of a public type. In addition, the powers are exercised in strict accordance with the laws that apply in the territory of the Russian Federation.
It must be borne in mind that the principle of activity of the prosecutor’s office under consideration is also manifested in securing the inadmissibility of interference in the implementation of prosecutorial supervision at the legislative level.Accordingly, the impact in one form or another of federal structures of state administration, institutions of state administration of subjects, structures of local government, associations and organizations of a public nature, the media, their individual representatives, as well as officials on the investigator or prosecutor in order to influence the decision or creating obstacles to their activities in any other way one way or another involves responsibility established by applicable law. Thus, neither the investigator, nor the prosecutor are obliged to give any explanations on the conduct of materials and cases that are in their production, as well as to provide them to someone for the purpose of familiarization, except in the manner and cases provided for by the legislation in force on the territory of the Russian Federation.
In order to fully ensure the independence of prosecutors, the law provides for a number of guarantees:
- Special protection for both prosecutors and their relatives.
- The right to carry and store weapons.
- State insurance is mandatory.
- Driving on free terms.
- Payments of the spa type and so on.
Principle of publicity
As it turned out, publicity is included in the system of principles of activity of the prosecutor's office. It should be clarified that investigators and prosecutors carry out professional duties in a public manner to the extent that this does not contradict the requirements of the legislation in force in the country regarding the protection of freedoms and rights of citizens, as well as legislation on state and other secrets, which are protected by law.
The publicity includes informing public administration institutions operating at the federal level, public administration structures of subjects, local government institutions, as well as society regarding the state of legality. It is important to know that no one has the right, without prosecutor’s permission, to divulge the materials of the preliminary investigation and the checks that are carried out by the prosecution institutions until they are completed.
Mandatory compliance
In addition to the principles of organization and activities of the Russian prosecutor’s office discussed above, which are of a general nature, there are other provisions. They do not play such an important role, but sticking to them is a prerequisite. Consider the principle of activity of the prosecutor's office, as the mandatory implementation of prosecutorial requirements. It is worth noting that these requirements are mandatory for the persons to whom they are addressed. In addition, the obligations arising from their powers are subject to fulfillment under any circumstances, regardless of the situation, within a specified time. It is important to know that statistical and other information, papers, their copies, certificates that are necessary for the implementation of the functions assigned to the prosecutor's office are provided strictly at the request of the investigator or prosecutor free of charge. Failure to comply with prosecutorial or investigative requirements arising from the authority of these officials, as well as evading appearance after being called in any case, implies the existence of liability established by law in force in the country.
Principle of immunity
Among the principles of activity of the prosecutor's office of the Russian Federation is also the rule of immunity of the prosecutor. It is important to keep in mind that it manifests itself in a special way of attracting citizens to both administrative and criminal liability. Any verification of the notification regarding the fact of the offense committed by the investigator of the institution of the prosecutor's office or the prosecutor, the initiation of criminal proceedings against them (the exception is when the investigator or the prosecutor is caught in the process of carrying out a criminal action), as well as the investigation is considered the exclusive competence of the prosecutor's offices. However, it should be borne in mind that during a criminal investigation instituted against an investigator of a prosecutor’s office or prosecutor, one way or another, they are removed from office in accordance with applicable law.
What is unacceptable?
Currently, under no circumstances is it permitted to drive, detain, personally search an investigator of a prosecutor's office or prosecutor, search their belongings and vehicles, which they use both in everyday life and for the performance of professional duties. It is important to add that the exception is cases when the listed operations are provided for by federal law, as a rule, to ensure the safety of other persons. In addition, detention during the commission of a crime by an investigator or prosecutor is permissible.
It is worth remembering that the exceptions presented only apply to cases that are prescribed by law to a special extent or when the investigator or prosecutor is caught at the scene of the crime. In such circumstances, another body has the right to detain, institute criminal or administrative proceedings, as well as perform other professional functions. Nevertheless, in the future, the case is transferred to the investigation.
The principle of non-partisanship
In addition to the principles of activity of the prosecutor’s office discussed above, there is a rule of non-partisanship, according to which the organization and work of institutions, prosecutor’s bodies on the territory of Russia cannot be built on condition that they depend on various political structures. Among them are all kinds of public organizations, parties, associations, movements and so on.
In addition, ideological views also do not play any role. It is important to know that the content of this principle first of all consists in the fact that a certain provision is fixed at the level of the current legislation, according to which prosecutors do not have the right to join associations and organizations of a public type that pursue political goals, as well as they under no circumstances cannot take part in their activities. The formation and subsequent work of public organizations that pursue political goals in the institutions and prosecutor's offices today are not allowed. It should be noted that investigators and prosecutors in their own official activities should not be bound in any way by decisions of associations of a public plan.
Publicity principle
And finally, we will analyze the principle of publicity, according to which prosecutor's offices and individual officials (prosecutors and investigators) undertake to exercise their own powers related to monitoring compliance with applicable laws on behalf of the state, moreover, regardless of the will of persons who are interested. It is important to note that the content of the principle being studied is primarily expressed in the obligation of the prosecutor's offices to respond to any case of violation of the law, infringement of freedoms, rights of citizens, interests of the state, society and each person in a separate understanding.
The meaning of the principle of publicity in the organization and subsequent activities of prosecutor’s institutions consists in a competent combination of the interests of public administration structures in the person of the prosecutor’s office, related to the achievement of their goals, with rigorous and absolute safeguarding of the legitimate interests of officials and citizens who are involved in the field of implementation by the prosecutor or investigator their supervisory authority.
So, we examined the system of principles of organization and activities of prosecutors. At present, prosecutors and investigators engaged in professional activities in the territory of the Russian Federation undertake:
- know the laws, principles and regulations, the implementation of which is in any case verified;
- fully identify the circumstances of crimes committed by citizens, violations of applicable law;
- correctly classify violations of the law that are considered detected;
- use measures related to the elimination of violations of the law, as well as the reasons that caused these violations or crimes, and the conditions conducive to their implementation.
When exercising supervision of compliance with laws in force in the Russian Federation, investigators and prosecutors undertake to act proactively and expeditiously.
It is important to add that strict observance of the law by investigators of prosecution institutions and prosecutors indicates:
- their own activities strictly within the established competence;
- the use of their authority in the event of a sufficient quantity and quality of grounds;
- the application of legal methods for identifying and further eliminating violations;
- designation and elimination of circumstances that contribute to the violation of legislative standards;
- the application of fair, legal and fully justified sanctions against violators.
The activities of prosecution bodies should be transparent, legally regulated and oriented towards the benefit of citizens.