What is the prosecutor's office: the concept, authority. Law "On the Prosecutor's Office"

The already familiar system of state power could not be considered complete without such a controlling body as the prosecutor's office. What is the prosecutor's office? What are its main functions and powers? What exactly controls this body? In this article we will consider these and other questions.

The concept of

The prosecutor's office refers to a unified system of federal bodies that, on behalf of the state, oversees compliance with the laws of the Russian Federation, protects the rights and freedoms of citizens, and performs other functions established by the laws of the country.

This authority and the general activities of the prosecutor's office are determined by the law "On the Prosecutor's Office of the Russian Federation". This system of power is a militarized organization. It provides for law enforcement, military, civilian civil service. In addition, the prosecutor's office does not belong to any of the well-known branches of government, carrying out its activities independently of them.

In a word, what is the prosecutor's office? This is the law and order of our country.

A bit of history

For the first time the prosecutor's office as an organ representing the interests of the state was heard in 1302 in France. The prosecutor was the king's eyes, and with his help the latter could control the country and control everything in it.

In Russia, the prosecutor's office was established by Peter the Great, with three decrees. The prosecutor did not have a decisive vote, he only watched the production and execution of cases. This differentiated this system of power from other types of state activities. Consequently, the work of the prosecutor's office was of a strictly supervisory nature, and the activity of the prosecutor was reduced to monitoring the activities of the Senate and the execution of all the decrees of the emperor.

Credentials

The powers of the prosecutor's office are as follows:

1. Supervision of the implementation of legislative norms.
2. Control of federal ministries and departments, executive and legislative bodies, control bodies, self-government and military administration.
3. Control over the observance of the rights of citizens.
4. Control of bodies that carry out operational-search activity, preliminary investigation, inquiry.
5. Control over the implementation of legislative norms by administrative bodies and institutions executing punishment, as well as using coercive measures in the form of detention of detainees and prisoners.
6. Making determinations of judicial decisions, which are contrary to the law.
7. Decision of written appeals of individuals, both legal and physical, which contain information about the violation of the law.
8. Criminal prosecution for crimes committed.
9. Organization of work of crime control bodies.

In addition, the powers of the prosecutor's office, and the prosecutor in particular, include:

• When presenting a document, enter the premises specified in the law, check documents and materials for compliance with the law.
• To ask managers and other persons to present documents and materials for verification, to conduct checks on complaints received.
• Invite citizens to explain the causes of violations of the law.

The prosecutor's office of the region, city or district may:

• On legal grounds to initiate proceedings, to demand that persons be held accountable, and also to warn against the inadmissibility of violation of laws.
• When establishing a violation:
  • To release a person from unlawful administrative detention;
  • Protect against the normative documents that contradict the law, apply to the courts for the recognition of these documents as invalid;
  • To introduce an idea of the elimination of violations;
  • Use the powers specified in the law.

Structure

Consider what the prosecutor's office is and what its structure is. The prosecutor's office is a centralized system of bodies, where the subordinates are subordinate to the RF Prosecutor General. The prosecution system is the following ladder:

• General Prosecutor's Office.
• Academy of the Prosecutor General's Office.
• The prosecutor's office of the subjects.
• The prosecutor's office of the region, city, district, etc.
• Military prosecutor's office.
• Transport, nature protection, penitentiary prosecutor's office.
• Scientific, educational organizations.
• Printed publications of the prosecutor's office.

All actions that are carried out by the prosecutor's office are carried out by the Prosecutor General. In turn, the Prosecutor General dismisses or appoints the Federation Council.

Responsibility and legal status of employees

Employees of the prosecutor's office can also be punished for inaction or failure to fulfill their obligations. There are the following types of punishment:

• rebuke;
• comment;
• Severe reprimand;
• Demotion in rank;
• Deprivation of breastplates;
• Warning of incomplete service compliance;
• Dismissal.

In order to work in the prosecutor's office, it is necessary:

1. Presence of Russian citizenship.
2. Absence of other citizenship.
3. Presence of business, professional, moral qualities.
4. Suitability for service in the prosecutor's office (for health reasons).
5. Absence of previous convictions.
6. Mandatory legal capacity.
7. Lack of judicial decision to ban this person from engaging in public service.

Appeal to the prosecutor's office

Any citizen can apply to the prosecutor's office if he is found to be in violation of legislative norms, as well as a restriction that is not based on the laws of the Russian Federation. It is enough to write a statement indicating the violations found. But an appeal to the prosecutor's office can be left without consideration if:

• The application is meaningless.
• Written an official letter on the termination of correspondence with the person.
• The application was already submitted, and an answer was given to it.
• The application contains obscene expressions.

After an employee of the prosecutor's office reviews the application of a citizen, the following can be accepted:

• Satisfaction of treatment and response bodies.
• Rejection of treatment.
• Counsel clarification.
• Referral to other bodies.

Prosecutor supervision

Based on the definition of what the prosecutor's office is, you can say that its main activity is supervision.

Procuratorial supervision is aimed at preventing, preventing and suppressing illegal actions, restoring rights and bringing persons to justice.

Given the law "On the Prosecutor's Office", the following types of surveillance are distinguished:

1. The implementation of the law by ministries, committees, services and other authorities.
2. For the observance of the rights of citizens.
3. For the implementation of the law by bodies that carry out the inquiry, preliminary investigation, operative-search work.
4. Behind the work of bailiffs.
5. Following the laws of the bodies that apply the penalties appointed by the court.

The Law "On the Prosecutor's Office" regulates the following legislative acts that are directly related to the activities of the prosecutor's office:

• Article 23 "The Prosecutor's Appeal".
• Article 24 "Presentation of the prosecutor".
• Article 25 "Prosecutor's Decision".
• Article 25.1 "Caution about the inadmissibility of violation of the law".

Does the prosecutor's office participate in the courts?

According to the law, prosecutors take part in court proceedings in the following cases:

1. When the participation of a prosecutor is required to protect the rights of a citizen, as well as to protect the interests of society or the state. The prosecutor has the right in this case to apply to the court independently or to join litigation at any stage.
2. When there are meetings in the Supreme Court or the Supreme Arbitration Court. In this case, the Attorney General can participate.
3. When constitutional rights and freedoms are violated. There is an appeal from the Prosecutor General to the Constitutional Court of Russia.