Main functions and tasks of the Prosecutor's Office
Prosecutor's office, functions and taskswhich will be discussed further, does not apply to the judicial system. Work in its institutions and units is a form of federal civil service.Procuratorial bodies solve problemsaimed at overseeing compliance with thelegislation in force in the country. They are called to ensure the protection of freedoms, citizens' rights, interests of the state and society. Let us further consider the tasks of the prosecution authorities, as well as the principles on which their work is based.
The concept and tasks of the prosecutor's officeare fixed in the Federal Law № 2202-1. In 1 article of the normative act, key areas of work have been identified.Goals and tasks of the prosecutor's officeare reduced to ensuring:
- Rule of law.
- Protection of freedoms, human rights and citizenship.
- Strengthening and unity of law.
- Protection of state and public interests.
The first and second directions are considered priority. At the same time, it is inadmissible to oppose human rights problemsprosecution servicestate and public interests. Without the provision of the latter, one can not guarantee the protection of freedoms and the rights of the population The objectives of supervision can be divided into final and immediate. The first include taking measures to identify a specific violation of the interests of citizens and their recovery. The final result is the creation of conditions that exclude non-compliance with the law.
Tasks of the Prosecutor's Office of the Russian Federation
They are formulated in constitutional provisions, Federal Law No. 2202-1, instructions and orders, and other normative acts. ЗAttorneys at lawrelated to the supervision of a uniform andstrict observance of laws by federal services, ministries and other institutions of power, regional and territorial structures, military command and control units, their employees, administrations and heads of organizations. In each branch, the direction of work, specific questions and problems are posed. They are divided into private and general. All of them are related to each other, their implementation is interdependent. Special and generaltasks of the prosecution bodiesare secured by the Constitution, legislation andother acts regulating individual elements of supervision and other work of the institute. Particular problems are numerous and diverse. They appear in the specific working conditions of the institute.
The main tasks of the Prosecutor's Office
In the framework of supervision over compliance with regulatory requirements, officials primarily verify compliance of published legal documents with the Constitution, the Federal Law, and the Presidential Decrees. ATprosecutorial tasksincludes:
- Protection of interests and rights of organizations and citizens who became victims of crimes, individuals from unreasonable and unlawful charges, restrictions of freedoms, convictions.
- Ensuring strict compliance with the provisions of the CPC when detaining suspects.
- Compliance with the law when applying measures of restraint and prosecution under articles of the Criminal Code.
- Fulfillment of normative instructions and orders of the Prosecutor General about an objective, comprehensive and full study of the circumstances of the case.
In the framework of supervision of compliance with the legislation, the administrations of the institutions executing the punishment, the coercive measures appointed by the court, carry out inspections:
- The legality of finding citizens in places of pre-trial detention, detention of detainees, correctional and other institutions.
- Compliance with rights and dutiesconvicts, detainees, detainees and subjects subjected to coercive measures established by regulatory enactments, provision of conditions, procedure for their maintenance.
Participation in criminal proceedings
Within the framework of cases consideration the followingprosecutorial tasks:
- Ensuring compliance with the requirements of the law on objective, comprehensive, complete, timely proceedings in all instances.
- Qualified maintenance of public prosecution.
- Assistance to the court in making an informed, lawful, fair decision in each case.
- Making submissions on sentences to the appellate, supervisory, cassation instance.
As part of the consideration of disputes inprosecutorial tasksincludes:
- Ensuring the requirements of legislation on full, comprehensive and objective consideration by the court of the circumstances of the case, assistance in making a justified, fair, lawful decision.
- Timely adoption of measures provided for by the norms, to eliminate violations, from whom they proceed.
- Participation in the proceedings of civil disputes in cases stipulated by law.
- Appeal to the courts of general jurisdiction with applications for the protection of interests and rights of organizations, the state and citizens. The legislation specifically stipulates the relevant cases.
- Submission of submissions to the appellate supervisory, cassation instance to ensure the validity, legality and fairness of acts passed by the courts of general jurisdiction.
ATprosecutorial tasksthe proceedings of economic disputes include:
- Participation in the proceedings at the first instance. The legislation establishes cases when the involvement of officials is mandatory. In the framework of arbitration proceedings, prosecutors ensure the strengthening of law, the prevention of violations in the economic sphere, the protection of public and state interests.
- Drawing up and presenting to the courts applications, suits for the elimination and suppression of illegal actions in the economic sphere.
- Timely challenge in appellate andcassation instances of rulings, decisions, decisions on arbitration proceedings instituted on appeals of prosecutors, and cases in which they participated in the first instance.
The tasks of the prosecutor's office also include overseeing the work of bailiffs. In particular, the officials:
- Ensure the validity of the implementation of rules of procedural law governing the correctness and timeliness of the execution of court acts in civil, criminal, arbitration proceedings.
- Verify the legality of decisions.
- Control the legitimacy of the use of police officersweapons and other special means, compliance with their freedoms and the rights of citizens in the implementation of coercive measures, the implementation of measures to maintain public premises in public buildings.
The Prosecutor's Office of Russia forms a singlecentralized federal system of institutions and units. Powers are realized on the basis of vertical submission. The prosecutor's office performs tasks independently of federal, regional, territorial authorities and public organizations in strict compliance with regulatory requirements. Officials exercise their powers publicly to the extent permitted by legal acts on the protection of freedoms and interests of citizens, on state and other protected secrets.
Investigators and prosecutors have a special status. He imposes corresponding restrictions on them. In particular, the said persons can not be members of public associations, political orientation, and also participate in their work. It is not allowed to form such organizations in the prosecutor's offices. In addition, employees can not combine basic work with other paid or paid classes. Exceptions are teaching, scientific, creative activity.
Legislation prohibits any interference withprosecutor supervision. Any impact of power structures, public organizations, the media, their officials and representatives to influence decisions or create obstacles in the work of employees implies responsibility. Prosecutors are not obliged to give any explanations on the merits of the cases in their possession, to provide materials to anyone for familiarization, except in cases directly stipulated by law. Officials are not bound by decisions made by public associations. No one can disclose information on preliminary investigation and inspections without their permission before the end of the investigation. Failure to comply with the prosecutor's requirements arising from his authority, evasion of appearance on call entails responsibility, as determined by law.
To implement the tasks, prosecutors can participatein meetings of bodies of representative and executive authority at the federal and regional level, as well as territorial structures of power. They may be called upon to consider protests and submissions made by them. The Prosecutor General and employees subordinate to him, coordinate activities aimed at combating the crime of the bodies of the Interior Ministry, the FSB, the FCS and other law enforcement agencies. To ensure the implementation of the relevant powers, meetings are organized, working groups are created, statistical and other information is requested, other activities are carried out, according to the Regulation approved by the President.
Prosecutor in case of occurrence during the course of implementationits tasks of the need to improve the existing normative acts can be made to the bodies with the legislative initiative, relevant, as well as the lower level of the proposal to amend, amend, accept, abolish legal documents. This right makes servants active participants in rulemaking. In the prosecutor's office, consideration and permission of applications, applications, complaints containing information about violation of legislative provisions are carried out. Decisions made by officials do not prevent the individuals from exercising their right to bring suits in court. At the same time, a certain procedure for submitting applications to the prosecutor's office is established. Decisions on a complaint of a determination, sentence, or court order may be challenged. The relevant application is sent exclusively to the higher prosecutor. Legislation requires employees to make a reasoned response to a complaint or other treatment. In case of refusal to satisfy an application to the person who sent it, the rules for appealing such a decision, the procedure according to which it is necessary to demand judicial protection, if it is provided by the norms, should be explained.The prosecutor, according to the requirements of the law,takes the necessary measures to bring the subjects who committed the violation to justice. Normative acts do not allow the sending of a complaint to the body or to an official whose actions or decisions are being challenged.