Prosecutor supervision For the Horde - this is the activities of the prosecutor's office carried out on behalf of the state, designed to ensure the rule of law, the unity and strengthening of legality, the protection of rights and
the freedoms of man and citizen, as well as protected by the law of the interests of society and the state in the implementation of OPO and their ORD officials by identifying and timely eliminate any violations of the law and bringing responsibility.
Article 22 of the Federal Law of the Prosecutor's Office determines the general powers of the prosecutor when they are fulfilled by the functions assigned to it, any additional, special powers in relation to the Horde, the prosecutor is not endowed with this law. On the contrary, Art. 30 FZ about the prosecutor's office contains a sending rate, according to which the powers of the prosecutor for the supervision of the laws by law by the Orders, inquiry and preliminary investigation, CPC and other FZ are installed. Accordingly, the powers of the prosecutor in the sphere of its supervision of the Horde are defined both by the general norms of the FZ on the prosecutor's office and special standardsprovided for in Art. 21 ФЗ ORD.
In accordance with Art. 29 FZ about the prosecutor's office by the subject of supervision over the execution of OPO laws is the observance of human rights and freedoms and citizen, installed order Permissions of applications and reports of committed and preparing crimes, the implementation of OPM and the investigation, as well as the legality of solutions taken by ORO.
According to order General Prosecutor RF of April 25, 2000 No. 56 "On the organization of supervision Federal Law "On the operational investigative activity"" The subject of prosecutor's supervision for the Horde is the provision: guarantees of respect for human rights and citizen to inviolability. private life, personal and family secret; inviolability of housing and secrets of correspondence; established procedure for resolving applications and reports of committed and preparing crimes; legality of the implementation of ORM,
| As well as compliance with the law of decisions taken by ORO.
The work of the prosecutor to supervise compliance with the established procedure for the permission of OPO applications and reports of crimes committed is not included in the subject of prosecutor's supervision for the Horde, since the procedure for registration of applications, reports of crimes, the grounds and procedure for adopting solutions are not regulated by the Federal Law on Horde, but the Code of Criminal Procedure.
Compliance by the rights and freedoms of man and citizen as the most important element of the subject of prosecutor's supervision over the execution of OPO laws is characterized by ensuring the right to obtain information specified in the law by stakeholders about the issues carried out in relation to their ORMs conjugate with the possibility of violation of their rights and freedoms.
In this regard, the basis for the oversight of respect for human rights and freedoms and citizen is statements, complaints and other
reports of violation of human rights and freedoms and citizen (see Art. 27 FZ about the prosecutor's office).
It follows from Part 3 of Art. 5 FZ on the Horde, where it is directly noted that the person believing that the activities of the OPO led to a violation of his rights and freedoms, it is entitled to appeal these actions into a higher authority, carrying out the Horde, the prosecutor or to court.
The subject of supervision of the execution of OPO laws and their officials is the observance of them of the Constitution of the Russian Federation and the execution of laws operating in the territory of the Russian Federation, as well as compliance with the laws of legal acts published by them. The verification of the execution of laws is carried out on the basis of information received by the prosecutor's office on the facts of violation of laws requiring the adoption of the prosecutor's measures (Art. 21 of the FZ about the prosecutor's office).
In accordance with Part 2 of the Federal Law On the Prosecutor's Office, in the implementation of the supervision of the execution of laws, the prosecution authorities are not replaced by other government agencies. Accordingly, the subject of prosecutor's supervision can not be comprehensive and, in fact, to replace departmental control over the Horde. Based on the direct prescription of the Federal Law on the prosecutor's office, the subject of supervision is compliance with the Constitution of the Russian Federation and the execution of laws, as well as the compliance of the legal acts published. Accordingly, the prosecutor may exercise its supervisory powers only in the legal space defined by laws, but not departmental regulatory legal acts. Therefore, overseeing the execution of prescriptions of the regulations (orders, orders, instructions, instructions) is not entrusted with the prosecutor. This is sphere departmental control.
However, the appeal of prosecutors to regulatory acts The subjects of the Horde are necessary in cases where they determine the compliance of departmental regulatory legal acts of the Federal Law of the Federal Law, and is justified in a situation where it is not possible to appreciate the legality of ORM. This is also due to the fact that in the articles of the FZ on Horde, there are sending norms that prescribe concrete the provisions of the law in departmental regulatory legal acts, identify the mechanisms of its implementation. In particular, it is fixed in Art. 8, 9 and 11 FZ about the Horde.
Since the content of ORM, the conditions for their conduct, competence officialsWith the right to authorize individual ORM, the basis of decision-making on their results is regulated by departmental regulatory legal acts, the prosecutor has the right to test the proper execution of the provisions of these acts.
Fastened in Art. 21 FZ about the Horde The right of the prosecutor to demand, along with other documents of submission of departmental norms
the following acts regulating the procedure for conducting ORM does not determine them as a subject of supervision, and considers as a means, with which the cognition and interpretation of sending norms of the Federal Law of the FZ.
Compliance with departmental regulatory acts of decisions on the production and termination of operational inspection, the institution and termination of the DOU, compliance and the procedure for the extension of their references is included in the subject of supervision only if the violation of the requirements of the departmental regulatory legal act leads to the violation of the rights and freedoms of citizens, affects the interests of the individual , societies and states.
One of the elements of the subject of prosecutor's supervision for the Horde is the legality of solutions taken by ORO. Decisions in the ORD are legal acts that have learned the offensive legal consequences, whose legality predetermines the legality of the Horde as a whole.
Among the OPO decisions, the subject of the attention of the prosecutor may be a decision on the conduct of ORM, solving the use of the results of the HFD. When establishing the facts of violation of the law, the prosecutor takes measures to eliminate them.
In assessing the legality of the OPO decisions taken on the use of the ORD results, compliance with the objectives of the Horde applying the data obtained in its process, fullness and timeliness of the use of collected information. Particular attention is paid to the legality and validity of ORO decrees, on the basis of which the ICD results are submitted to the inquiry authorities, the investigator or to court. Since the practice of making decisions, as well as the conduct of ORM, is largely formed under the influence of departmental regulatory acts, assessing their compliance with law is also the direct responsibility of the prosecutor.
As a sense of the Federal Law on the prosecutor's office and the direct prescription of the order of the prosecutor JVQ 56 (p. 4), the prosecutor's supervision does not follow from the right of the prosecutor and cannot be unfounded. Checks of the legality of OPM and the prosecutor adopted at the same time have the right to implement: on complaints of citizens and appeals of officials; According to the results of the study of criminal materials on unpropered crimes or when entering information on improper response to the commission of the body of the inquiries, the investigator and the court for criminal cases in their production, as well as in connection with the inappropriate execution of the instructions of the authorized prosecutor; in a planned manner, including to indicate a higher authorized prosecutor;
In other cases, taking into account the state of legality in this area of \u200b\u200bactivity and the lack of positive results to identify the prepared, performed or perfect crimes, in the disclosure of crimes, the search for accused or suspected criminal cases and persons missing. The Prosecutor General's Office of the Russian Federation draws the attention of authorized prosecutors when conducting inspections: on the legality and validity of decisions on the production or termination of ORM, as well as the use of ORD results; The obligation of registration and establishment of the DOU, the legality of setting and withdrawing from the operational accounting of persons in respect of which ORM is carried out; Compliance with OPM goals and tasks of the Horde, as well as the inadmissibility of the application of information systems and technical meansaffecting the lifestyle and health of people and harm environment; availability of authority in individuals carrying out the possibility of implementing only those ORM, the list of which is determined by the Federal Code; The presence of grounds for conducting ORM, including which permission is given to the court; compliance with the conditions and order of the ORM; The timeliness of the notice of the judges by the Orders carrying out the Horde, without the permission of the judge in cases of not tolerance and can lead to a grave crime, as well as in the presence of data on events and actions that create a threat of state, military, economic or environmental safety States, ORM limiting constitutional rights citizens on the secret of correspondence, telephone conversations, postal, telegraph and other messages transmitted through electrical and postal networks, as well as the right to inviolability of housing; The legality of attracting citizens to cooperate on a confidential basis and compliance with the principle of voluntary agreement with the Orders carrying out the ORD.
In the subject of the prosecutor's supervision, the Horde is not included in the decision of the decision of the judge based on the results of the consideration of materials on the restriction of the constitutional rights of citizens to the secret of correspondence, telephone conversations, postal, telegraph and other messages transmitted through the networks of electrical and postal communication, for the inviolability of housing Conducting ORM, as well as the legality and validity of the initiation of OPO petitions on the conduct of ARM, related to the restriction of the constitutional rights of citizens. This is due to the fact that the court is not a subject of the Horde, but
mr. Holding a final decision (authorizing) conducting individual ORM.
The prosecutor is not entitled to limit OPO's appeals to court with a petition for permission to conduct an ARM, since only the judge based on the results of consideration of materials permits the conduct of the relevant ARM, which limits the constitutional rights of citizens, or refuses to hold it, which makes a motivated resolution.
The prosecutor is not entitled to make decisions limiting (prohibiting) conducting OPM in cases of ORM, requiring judicial decision Before it is received or without that, which are carried out in the manner prescribed by Art. 8 FZ about the Horde.
Confident information constitutes state secret and can be provided with the relevant prosecutors with written consent specified persons.
The possibility of supervising the legality of the involvement of citizens to confidential cooperation arises when applying for them to such activities.
Information about the organization, tactics, methods and means of implementing the Horde for prosecutor's supervision is not included (indication of the Prosecutor General's Office of the Russian Federation of July 29, 1996 No. 44/15 and the Ministry of Internal Affairs of Russia dated July 25, 1996 No. 1/12812 "On the procedure for submission by bodies Internal affairs of materials for the implementation of the prosecutor's supervision for the execution of the Federal Law "On Operational Festival Activities").
At the same time, under the vulture of secrecy, not only the information constituting Gostyin, but also errors, miscalculations, or even the lawlessness in solving certain ORD tasks. Accordingly, the actions that go beyond the borders of the legality of organizational measures, the admissibility of certain tactical actions, such as provocative actions, do not form signs of the HFD. Therefore, there can be no restrictions in identifying such facts, and this is no longer an inspection of the prosecutor of the Organization and Tactics of the Horde, but the determination of the legality of the actions of the subjects of this activity.
From the content of Art. 21 ФЗ ORD It follows that not all prosecutors are subject to the right of surveillance for the Horde, but only the Prosecutor General of the Russian Federation and the prosecutors, on which his order personally assign powers to exercise the oversight of the implementation of the Federal Law of the FZ. At the same time, according to the order of the Prosecutor General of April 25, 2000 No. 56, determining the authorized prosecutors, on which the immediate implementation of supervisory functions for the Horde is proposed in the Office of the General Prosecutor's Office - the Deputy Prosecutor General, and in the office of the main military prosecutor's office of the Russian Federation - Deputy Prosecutor General of the Russian Federation - Chief Military Prosecutor.
In the Prosecutor General's Office of the Russian Federation, the right of Prosecutor General of the Russian Federation, the main military prosecutor and his deputies, heads of departments and departments and their deputies (senior assistants and assistants), senior prosecutors and prosecutors of departments (departments) were submitted functional duties (paragraph 2 of the instructions of the Prosecutor General of the Russian Federation of July 29, 1996 No. 44/15 and the Minister of Internal Affairs of the Russian Federation of July 25, 1996 No. 1/12812).
Prosecutors of the constituent entities of the Russian Federation and transported transportation, military prosecutors and prosecutors of other specialized prosecursors are personally responsible for organizing supervision. These prosecutors are appointed by their orders authorized to exercise the supervision of the prosecutors from among the staff of the appropriate prosecutor's office and lower prosecutors.
A copy of the order with the list of authorized prosecutors and persons responsible for conducting office work on documents of the HFD, or an extract from it is sent to the ORO managers.
At the request of authorized prosecutors, OPO leaders represent them of operational and service documents, including DW, materials on OPM using operational equipment, as well as accounting and registration documentation and departmental regulatory legal acts regulating the procedure for conducting ORM.
The authorized prosecutor during the inspections, as well as when restoring the violated rights and freedoms of citizens and eliminate other violations of the laws admitted to ORO officials, is entitled to get acquainted with genuine operational work documents.
In turn, OPO leaders are obliged to provide authorized prosecutors on their demand for authentic operational documents that served as the basis for the Institute of Dow, as well as the OPM and their accounting.
The FZ on the Horde does not contain differences in the order of submission of the documentation by the authorized prosecutor in relation to various entities of the Horde. At the same time, such differences are determined by the Order of the Prosecutor General No. 56, which enshrines that the operational-friendly documents on the implementation of the CRD bodies of the FSB and CVR of Russia, the prosecutor has the right to refer to only in cases of conducting inspections in the order of supervision of materials that entered the prosecutor's office, information and appeals of citizens, indicating violations These bodies of the legislation of the Russian Federation.
In the course of supervisory measures in the external intelligence bodies of the Ministry of Defense of the Russian Federation, the prosecutor has the right to learn only those promptly
service documents that are established in connection with the provision of their own safety of these bodies.
Illegal refusal in the presentation of the prosecutor of documents, depending on the circumstances, can be considered as non-fulfillment of the claims of the prosecutor or the prevention of its legitimate activities. The prosecutor in these cases in the presence of grounds is entitled to take measures to attract guilty officials in accordance with the law established by law to justice, including criminal.
Protection from disclosure of information contained in the submitted documents and materials on the ORD of the Supplemental Bodies is obliged to provide the heads of the prosecutor's office.
Personal responsibility for non-compliance with the established restrictions on acquaintance with the information constituting the state secrets is assigned to authorized prosecutors.
In order to ensure the protection of the information contained in the documents submitted by the prosecutors and materials, the persons on which the obligation to conduct office work on the documents of the Horde are imposed in each prosecutor's office.
Unified system of office work in the Prosecutor General's Office of the Russian Federation, prosecutors of the subjects of the Russian Federation, cities and districts, military, transport and other specialized prosecutor's offices on documents of the HFD containing secret information is established by the instructions on the organization of office work in the prosecution bodies for operational investigation documents (Appendix 3 to the orders Prosecutor General of the Russian Federation of April 25, 2000 No. 56).
The office work is carried out by employees, in which the order of the relevant prosecutor is entrusted with oversight of the implementation of the Federal Law of the Horde.
Authorized prosecutors, as well as to those who are entrusted with the maintenance of office work on ord documents, is issued to work with documents constituting Gostain.
In accordance with the FZ on the FZ, information on persons implemented in the OGG, ORO SHNS, as well as confidents are provided to the relevant prosecutors only with the written consent of the listed persons, with the exception of cases requiring them to involve criminal responsibility.
The prosecutor in accordance with the FZ about the prosecutor's office has the broadest authority to oversee the execution of laws in the Horde.
For example, the prosecutor is endowed with the right to demand from executives and other OPO officials of the inspections or revisions of the activities of the relevant ORO. And in accordance with Art. 22 FZ about the prosecutor's office OPO officials are obliged to embark on such a requirement immediately.
The prosecutor has the right to demand the involvement of persons carrying out Horde, to material or disciplinary responsibility. To this end, the prosecutor introduces the performance of ORO.
The prosecutor has the right to warn the corresponding OPO official about the inadmissibility of the violation of the law.
The prosecutor has the right to initiate a criminal case in the presence of the foundations provided for by the law on the commitment by persons carrying out Horde, crime.
However, when using general powers, the specificity of the surveillance of the Horde should be taken into account.
For example, to the number of such general powers belongs to the right of the prosecutor unhindered to enter the territory and in the premises government agencies, for the execution of laws in the activities of which he oversight. However, this should take into account the essence of the concepts of "territory" and "room" used in such a specific sphere, which is the Horde.
For example, a non-standard situation arises due to the fact that the FZ on the Horde is granted the right of ORO: to use in the course of OPM under the contract or interconnection office premises, property of enterprises, institutions, organizations, military unitsas well as residential and non-residential premises, vehicles and other property of individuals (Art. 4, Part I Art. 5 of the Federal Law on Horde); Create in accordance with the procedure established by the legislation of the Russian Federation (legended objects) necessary to solve the ORD tasks provided for by the Federal State Unitary Enterprise (paragraph 5 of Part I Art. 15 of the Federal Law on Horde). Special techniques and information systems can be located in these premises with which regular ORO staff, LUHC and configates can work. In this regard, entry into such objects can occur only in the situation of crimes in them.
In order to ensure the effectiveness of the implementation of prosecutor's supervision over the execution of laws on operational investigation activities, guided by paragraph 1 of Article 17 of the Federal Law "On the Prosecutor's Office Russian Federation"Order:
1. First Deputy and Deputy Prosecutor General of the Russian Federation, heads of departments of the General Prosecutor's Office of the Russian Federation, the prosecutors of the constituent entities of the Russian Federation, cities and areas, other territorial, equivalent to military prosecutors and the prosecutors of other specialized prosecutors to ensure an effective supervision of the execution of laws in the implementation of operational search activity.
2. To establish that the Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor, Deputy Prosecutor General of the Russian Federation in federal DistrictsThe prosecutors of the constituent entities of the Russian Federation equated to military prosecutors and prosecutors of other specialized prosecutorators are endowed with the right on behalf of the Prosecutor General of the Russian Federation to appoin to the subordinate employees of authorized prosecutors on the supervision of the federal law "On operational-search activities" (hereinafter referred to as authorized prosecutors) and carry personal responsibility for organizing supervision.
3. Prosecutor's office managers to identify persons responsible for conducting office work on operational investigative documents.
Ensure the presence of authorized prosecutors and persons who are entrusted with the maintenance of work on the supervision of the execution of laws in the implementation of operational and investigative activities decorated in the prescribed manner of admission to completely secret information or certificate of particular importance.
A copy of the order with the list of authorized prosecutors and persons responsible for conducting office work on documents of operational and investigation activities, send to the head of the authorities to carry out, as well as the head of the superior prosecutor's office.
4. When organizing and implementing oversight of the execution of laws in the implementation of operational and investigation activities to ensure legal guarantees of respect for human rights and citizen to privacy, personal and family secrets, the protection of honor and good name, the inviolability of the dwelling and the secret of correspondence, telephone conversations, postal shipments, telegraph and other messages, as well as rights and legitimate interests legal entitiesestablished by the law of prohibitions in the implementation of operational investigative activities. Ensure legality when conducting operational search events, including those on which the permission is given to the court, accepting job officials, presenting the results of operational investigators to the investigator, the body of the inquiry, investigator, the prosecutor or to court, compliance with the laws of legal acts published by the bodies carrying out operational investigative activities, Compliance with the procedure for the implementation of operational search activities established by laws and legal acts adopted by authorized bodies and providing a mechanism for implementing laws.
The activities of the prosecutors should be aimed at ensuring compliance with the rights and freedoms of a person and a citizen, legality in solving the tasks of operational investigation activities, including to identify, prevent, curb and disclose crimes, identifying and establishing persons; Their preparing who commit or committed, the implementation of the search for persons hiding from the bodies of inquiry, investigators and the court, avoiding criminal punishment, without missing; to mining information about events or actions (inaction), creating a threat to the state, military, economic or environmental safety of the Russian Federation; to establish property to be confiscated.
5. Verification of the execution of laws in the implementation of operational-search activities:
a) in appeals of citizens, legal and officials;
b) according to the results of the study of criminal materials about unpropered crimes or when entering information on the inadequate execution of the commission of the investigator, the head of the investigative body, the investigator, the body of the Criminal Investigation and the Materials of the verification of the Communication and the decision of the Court of Criminal Cases in their production, and in connection with the inappropriate execution of the requirements of the authorized prosecutor;
c) in a planned manner, including to indicate a higher authorized prosecutor;
d) in other cases, taking into account the state of legality in this area of \u200b\u200bactivity and the lack of positive results in the identification of prepared, committed or crimes committed, with the disclosure of crimes, the search for accused or suspected criminal cases and persons missing.
Checks on appeals on violations of the Federal Law "On Operational Festival Activities", admitted by officials of bodies engaged in operational investigative activities, in the execution of the order of the investigator, the head of the investigative body, the body of the inquiry, the head of the division of the inquiry, the investigator in criminal cases and reports of reports The crime and decision of the Court of Criminal Cases, which are in their production, to conduct authorized prosecutors of the prosecutor's office, which was supervised for procedural activities at the pre-trial stage of criminal proceedings. The exception is to appeal, in which the actions of the officials of the federal security authorities associated with the operational support of criminal cases appealed. Inspections on such appeals to carry out authorized prosecutors for the supervision of the execution of laws on federal safety Taking into account the delimitation of the competence of prosecutors of territorial, military and other specialized prosecutors established by the Prosecutor General of the Russian Federation.
Operational and office documents on the implementation by the federal security bodies of operational-search activities as part of counterintelligence activities are supervised only by materials and appeals to the prosecutor's office, indicating the violations of these bodies of the legislation of the Russian Federation.
In the course of supervisory measures in the foreign exploration service of the Russian Federation and the Ministry of Defense Body of the Ministry of Defense of the Russian Federation, only those operational documents that are associated with the provision of their own safety of these bodies are checked.
6. Authorized prosecutors when implementing supervisory powers also check:
a) compliance with the constitutional rights and freedoms of a person and a citizen during the implementation of operational investigative activities;
b) the legality, validity and observance of the established procedure for establishing operational accounting and other operational and service materials, deadlines and the procedure for their conduct, the legality of the decisions taken on them.
To take into account that in accordance with the Federal Law "On Operational Festival Activities", the list of operational accounting cases and the procedure for their conduct, as well as the organization and tactics of operational-search activities are determined regulatory acts Organs carrying out operational investigative activities.
Strictly follow the requirements of the Federal Law "On Operational Festival Activities" that the work of operational accounting is terminated in the event of solving the tasks of operational investigation activities or establishing circumstances indicating the objective impossibility of solving them;
c) the legality and validity of the holding or termination of operational search activities, including those permits for which the court are given by the court; The presence of grounds, compliance with the established conditions, the order and timing of their conduct.
To take into account that the term of the judge of the decision on the permission of an operational-search event that limits the constitutional human rights of a person is calculated continuously in days from the date of its submission and cannot exceed six months, unless otherwise indicated in the ruling itself. Further extension is allowed under a new court decision on the basis of newly submitted materials;
d) the legality of operational-search activities aimed at collecting data necessary for decision-making specified in paragraph 2 of Article 7 of the Federal Law "On Operational Activities", including the accuracy of the state or municipal employees or a citizen applying for The position of the judge provided for by the federal laws of information - in the presence of a request aimed in the manner prescribed by the Decree of the President of the Russian Federation of 21.09.2009 No. 1065 "On the verification of the accuracy and completeness of the information submitted by citizens applying for the federal positions public service, and federal civil servants, and compliance with federal government officials service behavior"(paragraph 7 of Part 2 of Article 7);
e) the legality of the representation of the results of operational investigative activities;
(e) The presence of authority in persons engaged in operational investigative activities, as well as decision-makers on the institution, extending the deadlines, suspension and terminate operational accounting and other operational and service materials, conducting operational-search activities, presenting the results of operational investigators to the investigator, the organ of the inquiry, investigator, prosecutor or to court;
g) compliance with the List of operational search activities defined by the Federal Law "On Operational Festival Activities;
h) compliance with the established procedure for registration of operational accounting cases and other operational and service materials, the legality of setting and withdrawal from operational and other types of accounting of persons in respect of which such cases have been completed, including those on archive storage;
i) compliance with operational search activities goals and objectives of operational and investigative activities, as well as compliance with the requirement for the inadmissibility of the application of information systems, technical means and substances that damage the life and health of people and harm the environment;
k) Timeliness of notification by judges by the bodies engaged in operational-search activities, in cases of the Federal Law "On Operational Festival", operational-search activities that limit the constitutional rights of humans and a citizen on the secret of correspondence, telephone and other negotiations, mailing, telegraph and other messages, including those transmitted through networks of electrical and postal communication, as well as the right to housing integrity; The presence of grounds for conducting operational search activities in these cases.
The legality of attracting citizens to facilitating a confidential basis and compliance with the principle of voluntary cooperation with operational and search bodies, to check exclusively if there are complaints of citizens.
In implementing the supervision, it is to take into account that information on persons implemented in organized criminal groups on staffing unlawful employees who carry out operational investigative activities, as well as those who provide them with assistance on a confidential basis, are presented to the prosecutor only with the written consent of the listed persons Except for cases requiring them to be criminalized.
7. When checking the legality of operational search activities held on the basis of the order of the investigator, the head of the investigative body, the inquiry authority, the head of the division of the inquiry, the investigator in criminal cases and the materials of verification of reports on the crime or decision of the Court of Criminal Cases in their production, Each case, consider the need for additional operational-search activities aimed at disclosing the crime and identify those involved in him.
In the presence of sufficient data, indicating violations in the conduct of operational-search activities on the specified instructions or decisions authorized by the Prosecutor, in addition to the acts of prosecutor's response, to send bodies engaged in operational and investigative activities, requirements for ensuring effective criminal prosecution.
8. In the course of studying operational accounting and other operational and service materials, check the presence of documents in them, testifying to the shelter of crimes, illegal exemption from criminal prosecution, falsification of the grounds and conditions of operational-search activities (statements of citizens, protocols of investigative actions, official documents, etc.).
9. To establish that the authorized prosecutor during and on the results of inspections, as well as in the restoration of violated and freedoms and freedoms of citizens and eliminating other violations of the laws admitted by officials of the bodies engaged in operational investigative activities, is obliged to:
a) get acquainted with the authentic operative operational documents that include operational accounting, materials on the conduct of operational search activities using operational and technical means, as well as accounting and registration documentation and departmental regulatory legal acts regulating the procedure for conducting operational search events;
b) receive written explanations from officials of bodies engaged in operational and investigative activities regarding the violations of the law;
c) require the elimination of violations of the law identified on operational accounting and other operational and service materials;
d) to protest the regulatory legal acts of bodies engaged in operational and investigative activities, as well as decisions and other decisions of officials of these bodies;
e) on the facts of the violations of criminal legislation in accordance with the powers established by the criminal procedural law, to make a reasoned decision or to require the authorized body to transfer the results of operational and investigative activities into the investigative body or the body of the inquiry to solve the issue of criminal prosecution;
(e) To make ideas to eliminate violations of the law admitted by officials of bodies engaged in operational investigative activities.
10. Authorized prosecutors to stop violations of the rights and legitimate interests of individuals and legal entities in the implementation of operational investigative activities, take timely measures to restore them, compensation for harm caused and (if there are grounds) attracting guilty officials to the laws of responsibility.
11. Cases of illegal refusal to fulfill the requirements of the Commissioner Prosecutor, depending on the circumstances, to consider how to prevent his legitimate activities and in the presence of reason to take measures to attract guilty officials to provided by law responsibility.
12. Prosecutor's Office and authorized prosecutors to ensure protection against disclosure of information contained in the documents and materials on the operational investigative activities of the supervised bodies.
To impose on authorized prosecutors personal responsibility for complying with the established restrictions on familiarization with the information constituting the state secrets.
13. Approve and introduce from 01/01/2011:
report on the work of the prosecutor for the supervision of the execution of laws in the implementation of operational and investigation activities (Form of the Horde) ();
Instructions on the procedure for compiling and submitting a report on the work of the prosecutor for the supervision of the execution of laws in the implementation of operational investigation activities ();
Instructions on the organization in operational-search activities ().
14. Heads of the Office of the Prosecutor General's Office of the Russian Federation and the Chief Military Prosecutor's Office, whose competence include supervision of operational and investigation activities, the prosecutors of the constituent entities of the Russian Federation, cities and districts, other territorial, equivalent to military prosecutors and the prosecutors of other specialized prosecutors to ensure control over the organization Overview of operational search activities, drawing up a report on work on oversight of operational-search activities, systematically analyze the materials of inspections and provide subordinate prosecutors with the necessary assistance, regularly organize checks for office work, accounting and preservation of documents for operational-search activities in the divisions and bodies of the prosecutor's office .
15. Heads of the Offices of the Prosecutor General's Office of the Russian Federation in federal districts, prosecutors of the constituent entities of the Russian Federation, to them by the prosecutors of specialized prosecutors, information on the first time of the six months and year on the state of law in the implementation of operational investigative activities by the supervisory authorities with the results of supervision in this field (with differentiation of information For each body carrying out such activities) to submit by January 25 and 25 in the division of the General Prosecutor's Office of the Russian Federation:
in the Office for the Supervision of the Production of Inquiry and Operational Festival Activities - in terms of the Ministry of Internal Affairs of Russia, the Federal Drug Control Service of Russia, the FSIN of Russia (with the exception of the issues of counter-terrorism and extremist activities, as well as issues of internal affairs bodies and divisions of the internal affairs bodies in transport);
the Office for Supervision of Ferreral Security Laws, Interethnic Relations and Counteracting Extremism - in Parts concerning the FSB of Russia, as well as on the issues of countering other law enforcement terrorism and extremist activities;
the Office for Supervision of the implementation of laws on transport and in the customs sphere is in part concerning FCS of Russia, internal affairs bodies and units of their own security of the internal affairs bodies.
Military prosecutors of the district link on the same time to submit reports to the main military prosecutor's office.
16. Structural units of the General Prosecutor's Office of the Russian Federation and the Chief Military Prosecutor's Office, whose competence includes the organization and control of the work of the prosecutor's office of the constituent entities of the Russian Federation, equated to military and other specialized prosecutors, on the supervision of the execution of laws in the implementation of operational investigative activities, not less than one In half a year, we generalize the practice in this area of \u200b\u200bactivity and to submit analytical references to the supervisory deputies of the Prosecutor General of the Russian Federation no later than February 5 and August 5th.
17. To establish that in the General Prosecutor's Office of the Russian Federation, the functions of the organization and control of the prosecutor's office of the subjects of the Russian Federation, equal to other territorial specialized prosecutors on the supervision of the execution of laws in the implementation of operational and investigative activities are assigned to the Office for the Supervision of Inquiry and Operational Investigative activities, supervision of the implementation of laws on federal security, interethnic relations and counteracting extremism, the Office for the supervision of the implementation of laws on transport and in the customs sphere, the management of the Prosecutor General's Office of the Russian Federation in federal districts within its competence.
In prosecutors of the constituent entities of the Russian Federation and other territorial specialized prosecutor's office, the functions for the organization and control of the work of subordinate prosecutors on the supervision of the execution of laws in the implementation of operational and investigative activities are imposed on the relevant structural divisions by the relevant order.
In the military prosecutor's office, the laying on the structural divisions of the function on the organization and control of the activities of subordinate military prosecutors for the supervision of the execution of laws in the implementation of operational-search activities is determined by the main military prosecutor.
18. Order of the Prosecutor General of the Russian Federation of December 21, 2007 No. 207 "On the organization of the supervision of the execution of the Federal Law" On Operational Festival Activities "to be considered invalid.
20. Control over the execution of the order shall be entrusted to the first deputy and deputy prosecutor General of the Russian Federation, heads of departments of the General Prosecutor's Office of the Russian Federation in areas of activity, prosecutors of the constituent entities of the Russian Federation, cities and districts, other territorial military prosecutors and prosecutors of other specialized prosecutors.
The order is sent to the First Deputy and Deputy Prosecutor General of the Russian Federation, the heads of the Office of the General Prosecutor's Office of the Russian Federation, the prosecutors of the constituent entities of the Russian Federation, equivalent to military prosecutors and the prosecutors of other specialized prosecutors, prosecutors of cities, areas equivalent to military prosecutors and prosecutors of other specialized prosecutors, as well as to the Ministry of Internal Affairs of the Russian Federation, the Ministry of Defense of the Russian Federation, Federal Service Security of the Russian Federation, the Federal Service for the Protection of the Russian Federation, the Service of External Intelligence of the Russian Federation, the Federal Service for Drug Control of Drugs, Federal Customs Service, the Federal Service of Penitudes, investigative committee Russian Federation.
In all graphs, the indicators must be larger than the amount of indicators or equal to it.
Indicators less than the amount of indicators and or equal to it.
Indicators must be larger than the amount of indicators and or equal to it.
Indicators should be larger than the amount of indicators or equal to it.
Indicators less indicators or equal to them.
Section 2. Consideration of complaints against the actions and decisions of bodies engaged in operational investigative activities
Graph 1 indicators for all rows should be equal to the sum of the indicators of Count 2-9.
In all graphs, the indicators must be greater than the indicators or equal to them, indicators - less indicators of the line 2 or equal to them.
Instruction
on the organization in the Prosecutor's Office of Document Production on documents engaged in operational investigative activities
General provisions
1. This instruction sets unified system Development in the General Prosecutor's Office of the Russian Federation, the prosecutor's office of the constituent entities of the Russian Federation, cities and districts, military, transport and other specialized prosecutors under documents of operational and investigation activities containing information that make up the state secret (hereinafter - secret information).
2. Document management is conducted by the employee of the regime-secret division (RSP).
All employees who are directly related to operational search documents should have the appropriate admission to completely secret information or special importance information (hereinafter referred to as authorized prosecutors, authorized employees).
3. Documents of operational-search activities are not subject to disclosure. Working with them is allowed in separate service offices equipped with fire and security alarms. Negotiations on open-end communication (telephone, radio), the transfer of these documents by telegraph, teletype, fax and e-mail is prohibited. Declections of secret information, loss of documents and carriers containing such information entails the responsibility established by law.
4. Responsibility for the state of office work in structural units The Prosecutor General's Office of the Russian Federation, the prosecutor's office of the constituent entities of the Russian Federation, military, transport and other specialized prosecutors and prosecutors of cities and districts carry their leaders.
Reception, registration, passage of documents
1. Documents, including those delivered directly by employees of bodies engaged in operational-search activities, are accepted by authorized employees.
In district and equivalent prosecutors, the reception of documents is carried out by the prosecutor.
2. Operational workbooks, as well as complaints of the actions of the operational and search bodies, are registered in accordance with the requirements of the general and secret office work.
The register logs must be numbered, stitched and sealed the seal of the RSP.
Upon receipt of correspondence, the integrity of the packaging and printing of the seals is checked, when opening packets, the compliance of the account numbers specified on them are numbered on the document, the number of sheets in the application, the number of instances.
3. Registered documents and complaints are considered and permitted in accordance with common rules, established by organizational and administrative documents of the Prosecutor General of the Russian Federation, in compliance with the requirements of the general and secret office work.
Drawing up documents, forming them into business and supervisory proceedings
1. When drawing up documents, it is necessary to be limited to minimal, really necessary secret information. It is forbidden to use closed information in an uncommitted service correspondence.
In determining the degree of secrecy, the list of information constituting the state secret should be followed in the bodies state powerThe leaders of which by order of the President of the Russian Federation dated 16.04.2005 No. 151-RP are endowed with the authority to attribute information to the state secrets.
2. The vulture of secrecy is assigned to its executor on the basis of a thorough assessment of the degree of secrecy of the information contained in this document. The neck is affixed on the first (titular) sheet in the upper right corner.
When staiting the griff on the documents "of special importance" and "completely secret" below the secrecy griffe below, the point of the point is deployed or separate list Information to be classified, on the basis of which it is installed.
If the medium of information constituting the state secret obtained from another organization is subject to classifying or stiffness, he is assigned incorrectly, it should be informed about this to the sender with the rationale for the need to classify or change the secrecy of the specified media information.
3. Responsibility for the correct assignment of the secrecy of the secrecy of the documents are carried by performers and managers who sign or approve these documents.
4. Documents are subject to declassify only on the basis of the decision of the authority of the body authorized to carry out operational investigative activities.
5. Complaints accepted for production and other materials are grouped in supervisory production (cases). One and the same case (question) is one supervisory production (case).
6. Supervisory production (case) is conducted and taken into account by the rules of conducting secret office work. provided for instructions To ensure secrecy regime in the Russian Federation, approved by the Decree of the Government of the Russian Federation of January 05, 2004 No. 3-1.
7. To maintain records containing secret information, extracts from the documents performers are issued to the workbooks taken into account in the RSP.
8. The printing of documents is made directly by the performers or is entrusted to the typist with the appropriate admission to secret information. The use of computer equipment (SVT) is allowed after compliance with information security requirements. The use of SVTs that have access to open communication networks is prohibited.
Responsibility for ensuring protection secret Information Holds to an employee producing its processing using SVT.
9. Documents executed are sent by secret mail or are awarded to a receipt of an employee of the body carrying out operational investigative activities.
Ensuring the safety of documents
1. Documents, nomenclature cases, supervisory proceedings, the book of accounting is stored in the safes from authorized prosecutors and workers who provide their safety.
Over time, safes and cabinets are sealed with personal license plates.
Storage of documents, cases and supervisory products in writing desks is prohibited.
2. Persons who are commaed to other organizations are prohibited to have documents containing secret information in the way. Such documents must be sent pre-sent to the RSP organization.
As an elimination to face sent to another organization within this settlementIt is allowed to take with you for signing or work documents containing secret information. Delivery of such documents is made on specially allocated transport.
Employees must comply with the requirements of the secrecy regime established in the organization at their community.
3. The shelf life of supervisory proceedings is established according to the deadline for storing criminal cases and materials on which operational search activities were conducted. Accounting books are stored at least 5 years.
The destruction of documents and bookkeeping books is carried out by the Commission of authorized prosecutors and workers with the preparation of the appropriate act. After its signing, all documents are destroyed by burning either using specially intended for this technical means that exclude the possibility of restoring and reading texts or their fragments.
Accounting for prosecutors
1. Document management on documents of operational search activities is the basis for the preparation of a statistical report on the work of the prosecutor for the supervision of the implementation of laws in the implementation of operational investigative activities.
2. Documents of primary accounting of the prosecutor's work are: the book of accounting (), supervisory proceedings, as well as cases formed on the basis of an exemplary business range of operational investigative activities (), inspection materials, acts of prosecutor's response and other documents.
3. This system Initial accounting is focused on keeping it in the Offices of the General Prosecutor's Office of the Russian Federation, the prosecutors of cities, areas, the constituent entities of the Russian Federation, equated to them of military and other specialized prosecutors.
Uniform for all units of the prosecutor's office are: the book of accounting for the work of the prosecutor for the supervision of the execution of laws on operational investigative activities () and the statistical card on the complaint.
4. Responsibility for organizing work on primary accounting He placed on the head of the prosecutor's office, signed by the statistical reports, and in the General Prosecutor's Office of the Russian Federation - on the head of the corresponding structural unit.
Appendix No. 1.
to organization in
prosecutor's office of office work
documents of bodies implementing
operational search activities
Secret (by filling)
(printed with a turn on two sheets)
Book
accounting for the work of the prosecutor for the supervision of the execution of laws on operational investigative activities
| Check number | The name of the body in which the verification was carried out | Date of performance to the case number | Checked operational search materials | The number of violations identified | According to the violations identified | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Protests brought | Prepared written requirements to eliminate violations of laws | Decisions made on the direction of the relevant materials to the investigative body or body of the inquiry, of which: | in relation to workers carrying out Hordes for crimes in service | submissions made | According to ideas punished in disciplinary order workers | Results of the consideration of protests, representations | note | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |
Appendix No. 2.
to organization in
prosecutor's office of office work
documents of bodies implementing
operational search activities
Approximate nomenclature business
according to the documents of operational investigative activities
1. Correspondence with the higher authorities of the prosecutor's office on oversight of operational search activities.
2. Correspondence on the state of the prosecutor's supervision over the observance of legality in operational investigation activities, certificates of the results of inspection of bodies engaged in operational investigative activities.
3. Acts of the prosecutor's response (submission, protests), requirements for the elimination of violations, information letters about the identified violations and answers to them, decisions on the direction of materials into the investigative body or body of the inquiry to address the issue of criminal prosecution and correspondence on them.
Note. Depending on the document management, it is possible or a single case for all bodies carrying out operational-search activities, or separately for each organ.
4. Statistical reports on the work on the supervision of the execution of laws in the implementation of operational investigative activities:
a) annual - shelf life constantly;
b) semi-annual - shelf life for pericing need.
5. Accounting for the work of the prosecutor for the supervision of the execution of laws on operational investigative activities.
Order of the Prosecutor General's Office of the Russian Federation of February 15, 2011 No. 33 "On the organization of prosecutor's supervision for the execution of laws in the implementation of operational investigative activities"
Overview of the document
Prosecutor's Office should ensure supervision of the execution of laws in the implementation of operational and investigation activities (ORD). Commissioner prosecutors must be appointed.
Authorized prosecutors and persons leading to the supervision of the supervision in the named sphere should be allowed to be completely secret data or certificate of particular importance.
It is necessary to follow observance of human rights and citizen to privacy, housing, personal and family secrets, the protection of honor and good name, the secret of correspondence, telephone conversations, postal shipments, telegraph and other messages, as well as the rights and legitimate interests of Jurlitz.
Verification of the execution of laws in the implementation of the Horde is carried out on appeals of citizens, legal and officials, according to the results of the study of criminal cases of criminal cases of unseen crimes, when information on the improper execution of orders. They are also carried out in a planned manner.
Operational and official documents on the implementation by the FSB of Russia of operational-search activities within the framework of counterintelligence activities are checked in the order of supervision, only if the materials, information and appeals of citizens about violations were received.
It is indicated that it is necessary to check when implementing supervisory powers. This is, in particular, on compliance with the constitutional rights and freedoms of a person and a citizen, the legality and validity of the holding or termination of operational-search activities, about the timeliness of the notice of judges.
The obligations of authorized prosecutors are established.
A report on the work of an authorized prosecutor, instructions on its preparation and submission, on the organization of office work on documents carrying out the Ords are approved.
Information on the state of legality in the implementation of the Horde is submitted to the division of the General Prosecutor's Office. It is given separately for each body carrying out such activities. Term - by January 25 and July 25th.
The order that previously regulated this issue has lost its strength.
The legal basis for the supervision of the implementation of the Horde are legislative, interdepartmental and departmental regulations:
"On the Prosecutor's Office of the Russian Federation": Federal Law of January 17, 1992 (as amended by the Federal Law of November 17, 1995);
"On the organization of prosecutor's supervision for the investigation and disclosure of crimes": order of the Prosecutor General of the Russian Federation of February 21, 1995 No. 10;
"On the procedure for the provision of materials by the internal affairs bodies for the implementation of prosecutor's supervision for the execution of the Federal Law" On Operational Activities "": indication of the Prosecutor General of the Russian Federation of July 20, 1996;
"On the organization of oversight of the federal law" On operational-search activities ": the order of the Prosecutor General of the Russian Federation of August 9, 1996 No. 48;
"On the organization of oversight of the federal law" On operational-search activities ": the order of the Prosecutor General of the Russian Federation of April 25, 2000 No. 56.
The subjects of the prosecutor's supervision for Horde are: the Prosecutor General of the Russian Federation and the prosecutors authorized by him. The Prosecutor General of the Russian Federation personally identifies his order to the prosecutors, which assumes supervision of the execution of legislation regulating operational-search activities. Order of the Prosecutor General "On the organization of the supervision of the federal law" On operational-search activities "" of April 25, 2000 No. 56, these functions are assigned to the Deputy Prosecutor General of the Russian Federation, the main military prosecutor and his deputies, heads of departments and departments, their Deputy, prosecutors of the constituent entities of the Russian Federation and transported transport, military and other specialized prosecutors, prosecutors of cities and districts, other territorial, military and other specialized prosecutors. At the same time, the prosecutors of the constituent entities of the Russian Federation and the transportation, military prosecutors and prosecutors of other specialized prosecutors are personally responsible for organizing the supervision and their orders from among the staff of the appropriate prosecutor's office and the lower prosecutors, appoint authorized prosecutors for supervision.
In accordance with Art. 29 of the Law on the Prosecutor's Office and Part 3 of the Order of the Prosecutor General of April 25, 2000 No. 56 by the subject of prosecutorial supervision in the field of operational investigation activities is to ensure guarantees of human rights and citizen to privacy, personal and family secrets, the inviolability of housing and mystery correspondence; Performance by bodies engaged in operational-search activities, the Constitution of the Russian Federation, the Federal Law "On Operational Activities" and other laws governing operational search activities, regulations adopted in their development, as well as the legality of the decisions made by the bodies that carry out this activity .
Analysis of the provisions of the Law on the Prosecutor's Office, the Law on Horde and the Order of the Prosecutor General of April 25, 2000 allows the most important elements of prosecutorial surveillance in the field of operational-investigative activities:
1) Compliance with legality and validity:
consideration of applications and reports of committed and preparing crimes;
conducting operational search activities;
establishment, maintenance and termination of operational accounting;
use of the results of operational investigative activities;
2) ensuring the social and legal protection of officials of bodies engaged in operational investigative activities, as well as citizens who assist them;
3) Protection of information on bodies engaged in operational search activities.
At the request of the prosecutors authorized to exercise the surveillance of the Horde, the heads of operational and investigative activities, represent the operational and service documents, including the work of operational accounting, materials on the conduct of operational search activities using operational and technical means, as well as Accounting and registration documentation and departmental regulatory acts regulating the procedure for conducting operational search activities.
Along with the authorized prosecutors, in each prosecutor's office, the order of the relevant prosecutor should define persons on which the maintenance of office work on documents of operational investigative activities should be entrusted. The admission to work with documents in accordance with the instructions on the procedure for the admission of officials and citizens of the Russian Federation to the State Secret, "approved by Decree of the Government of the Russian Federation of October 28, 1995 No. 1050, which is a formal basis for working with documents constituting State secret. They are warned about criminal liability for the disclosure of their content or loss. When leaking information, a service investigation is conducted.
A copy of the order with the list of authorized prosecutors and persons responsible for conducting office work on documents of operational-investigative activities, or an extract from it is mandatory to be sent to the head of the authorities engaged in operational investigative activities. The absence of these documents can serve as a formal basis for refusing to provide materials for operational investigative activities.
The prosecutor's supervision is not included in the law and the validity of the initiation of the body carrying out operational-search activities, the petitions for the operational and search event related to the restriction of the constitutional rights of citizens, as well as the legality of the decision of the judge based on the results of the consideration of materials on the limitation of the constitutional rights of citizens during operational search activities. Since the final decision on the implementation of such an event is the prerogative of the court, the prosecutor should not predict its conclusion and cannot prevent the appeal of the bodies engaged in operational investigative activities into court with the corresponding petition. The above applies also in cases where operational search activities related to the restriction of constitutional rights of citizens are carried out before receiving a court decision (or without such) in the manner prescribed by Part 3, 6 and 9 of Art. 8 of the Law on Horde.
Prosecutor's supervision for operational-search activities is not limited to decisions on the holding and procedure for conducting individual operational search activities, since the operational search activity is not exhausted by their implementation. Prosecutor's supervision also applies to decisions on the establishment and termination of operational accounting and other decisions that are not related to the tacty of the implementation of operational search activities.
The range of operational and official documents submitted to the authorized prosecutor of its requirement includes the work of operational accounting, materials on the conduct of operational search activities using operational and technical means, as well as accounting and registration documentation and departmental regulatory acts.
The appeal of prosecutors to the regulatory acts of the respective departments is justified and necessary in cases where it is not possible to appreciate the legality of operational and search activities, since the provisions of regulations may specify the law, identify the mechanisms of its execution.
Information about persons implemented in organized criminal groups, staffing unlaspric employees of ORD authorities, as well as on persons who provide or assist these bodies on a confidential basis relate to information constituting a state secret, and can be provided with an overaward prosecutor as a written consent. These individuals (issued by the official of the body carrying out operational-investigative activities), and without the consent of such persons (if there are sufficient grounds for the provision of a crime during the fulfillment of operational tasks).
Consent to the provision of these information, the prosecutor is issued by a document of an arbitrary form (by a receipt, statement).
The requirement of an authorized prosecutor about providing him with operational and service documents reflecting the course and results of operational-search activities may be written or oral. However, if such documents contain information related to state secrets, the requirement must be clothed in writing.
Operational-search documents will be defended by the prosecutor in connection with the materials and appeals to the prosecutor's office, the information and appeals of citizens, officials on violation of laws during operational search activities and the legality of the decisions taken. In addition, prosecutors have the right on their own initiative to identify violations of the rights and legitimate interests of legal entities and individuals during operational investigative activities.
Complaints of violations of the rights and interests of these persons should be considered on time no later than one month. Complaints of violations of the constitutional rights of the General Prosecutor's Office is recommended to be considered within five days.
The prosecutor gives a motivated response to the complaint, and in case of refusal to satisfy her face that applied to it, the procedure for appealing the prosecutor's decision, as well as the right to appeal to the court, if provided for by law should be clarified.
The head of the internal affairs body is entitled not to provide the prosecutor with operational and official documents relating to the part of the Horde, which is not included in the subject of prosecutor's supervision.
The question of the assignment of certain official documents to the state secret, as well as about familiarizing the prosecutor, solves the head of the internal affairs body on the basis of the provisions of the Constitution of the Russian Federation, the Law on the Code, the Law on State Secret, other laws of the Russian Federation, departmental regulations.
The frequency of verification of the established procedure for conducting operational-search activities and the legality of the decisions taken at the same time determines the Prosecutor General of the Russian Federation, as well as authorized prosecutors. At the same time, the verification of the legality of the operational-search activities and the decisions made are carried out:
according to complaints of citizens and appeals of officials;
according to the results of the study of criminal materials on unpropered crimes or when entering information on improper response to the commission of the body of the inquiries, the investigator and the court for criminal cases in their production, as well as in connection with the inappropriate execution of the instructions of the authorized prosecutor;
in a planned manner, incl. to indicate a higher authorized prosecutor;
in other cases, taking into account the state of legality in this area of \u200b\u200bactivity and the lack of positive results to identify prepared, committed or crimes committed, with the disclosure of crimes, the search for accused or suspected criminal cases and persons missing.
The attention of testing prosecutors should be aimed at ensuring that only those ORM are carried out during operational-search activities, the list of which is established by the Law on Horde.
If the prosecutor has reasonable information about the limitation or violation in the process of operational-search activities of the rights and legitimate interests of citizens, the obligation to proverse the legality and reasonableness of the operational-search activities is assigned to the bodies carrying out operational investigative activities. With the failure of convincing information confirming the legality of the decision and order of the event, the prosecutor has the right to proceed from the proof of the fact of violation of the law and resort to the relevant response measures against the perpetrators.
In this regard, the prosecutors have the right to carry out the implementation of operational and search activities:
get acquainted with genuine operational workbooks, including operational accounting, materials on the conduct of operational search activities using operational and technical means, accounting and registration documentation and departmental regulatory legal acts regulating the procedure for conducting operational search activities, as well as other Operational and service documents necessary for the implementation of the supervision of the federal law "On operational-investigative activities";
require written explanations from officials engaged in operational search and allowed violations of the law;
give written instructions on the implementation of certain operational and search activities or require their termination;
protect illegal and unreasonable decisions of managers of bodies engaged in operational investigative activities, incl. and on the transfer of the results of this activity to the investigator (the body of the inquiry, in court);
cancel illegal and unreasonable decisions of the investigator (inquiry authority) on the initiation of a criminal case issued in the order to implement the results of operational investigative activities;
protecting the proposal legal acts of executives engaged in operational and investigative activities;
submissions to eliminate violations of the law admitted by officials of bodies engaged in operational investigative activities;
demand from the heads of bodies engaged in operational-search activities, removing subordinate to them of operational workers from further conducting operational inspections in case of violation of the law;
when signs of crime detects, check in accordance with the requirements of the Code of Criminal Procedure;
to send complaints to the court, the inspection of which refers to the exclusive competence of judges.
When passivity is found in conducting operational-search activities by authorized prosecutors to send the authority to the authority that performs operational investigative activities, or the superior manager of the instructions with the establishment of their execution period.
In violation by the body (official), carrying out operational investigative activities, the rights and legitimate interests of individuals and legal entities, an authorized prosecutor in accordance with the law is obliged to take measures to restore these rights and legitimate interests, compensation for harm caused.
Verification of the prosecutor of the execution of laws by the bodies engaged in operational investigative activities, is reflected in the independent supervisory ProductionIn which the materials, information, complaints, statements of citizens, certificates, operational documents submitted to the prosecutor, are concentrated to the prosecutor's office, are concentrated. In this regard, the office work in the prosecution bodies should be organized in accordance with the requirements established to work with operational investigative documents.
According to the results of the inspection of the compliance of the activities of the Internal Affairs Authority, the requirements provided by the legislative statutory and departmental legal acts of the Russian Federation, the prosecutor has the right to:
give an indication of the implementation of ARM in a criminal case, which is in its production;
specify the head of the internal affairs authority, the divisions whose employees made violations of legality in the implementation of the Horde, to terminate the actions that entail such consequences;
to oblige the head of the Internal Affairs authority to consider the issue of attracting an employee of an operational division, guilty of violation of legality in the implementation of the Horde, to disciplinary responsibility;
inform the higher leadership of the internal affairs bodies on the facts of violation of legality in the implementation of the Horde and indicate the need to eliminate the circumstances that contribute to such violations;
take measures to restore the rights and legitimate interests of citizens disturbed in the process or result of the HRD;
attract responsibility.
Thus, the execution of the functions of prosecutor's supervision and departmental control should contribute to the successful implementation of the tasks assigned to the bodies engaged in operational and investigative activities, improving the forms of their activities in the fight against crime and ensure compliance with legality.
One of the directions of the prosecutor's office - oversight of compliance legality by the Organizations- the type of activity carried out by authorized employees of the prosecutor's office within their competence through use of them determined by the law methods for inspection and response tools to ensure execution on the territory of the Kyrgyz Republic of laws by all operational search bodies.
Prosecutor's supervision of the Horde should contribute:
ü fulfillment by the Organs by Horde, dutieson the prevention, timely identification, suppression and disclosure of crimes; The search for persons missing, as well as those who hide from the bodies of the inquiry, the investigation, the court or evading criminal punishment;
ü proper documentation of the results of the Hordeand use them in the process of evidenceunder criminal matters;
ü compliance with the rule of law during the Horde.
The subject of prosecutor's supervision in the field of HF is:
ü Compliance with the rights and freedoms of man and citizen;
ü Compliance with the established procedure for permission of applications and reports of committed and preparing crimes, the implementation of ORM;
ü The legality of decisions taken by the Orders carrying out the Horde.
The prosecutor's supervision includes the legality of decision-making:
ü about the institution and termination of operational accounting;
ü holding and terminate specific ORM;
ü Providing the results of the Horde of the Organization of the Inquiry, the investigator or to the court;
ü declassifying information obtained during the conduct of ORM;
ü Legal protection of employees of bodies and persons providing assistance.
In the subject of Prosecutor's supervision, the legality of the decision of the judge is not included in the results of the consideration of materials on the restriction of the constitutional rights of citizens when conducting an ARM.
The number of such events belongs:
ü listening to telephone conversations;
ü Contributor to mail, telegraph and other messages;
ü Removing information from technical communication channels;
ü Sustained residential examination.
Information about the organization, tactics, methods and means of implementation of operational-search activities is also not included in the subject of prosecutor's supervision.
Conclusions on the topic
The HRD is predominantly unlawful, conspiracy. Conducting a number of ARM is granted to limit the constitutional rights and freedoms of man. Consequently, a system for controlling its implementation is required.
Control supreme Organs authorities:
According to the Constitution of the Kyrgyz Republic, the president is a guarantee of the Constitution, human rights and freedoms and a citizen, heads the Security Council of the Kyrgyz Republic, directly determines the operational-search policy.
Control from the legislature.
The Government of the Kyrgyz Republic establishes the main activities, organizes the work of the subjects of the Horde.
Departmental control.
The most competent, systemic and operational.
One of the forms of the control exposure, which is carried out:
Within the operational and search organ;
His direct leader and officials in accordance with the Law on Horde and Departmental Regulatory Acts.
Judicial control - Mandatory procedural stage in the implementation of the HRD.
The most common form of judicial control over the Horde is a court of permission to conduct an Horde, limiting the constitutional rights of a person and a citizen.
Prosecutor's supervision of the Horde - A type of activity carried out by authorized employees of the prosecutor's office within their competence through the use of them determined by the law methods for inspection and response tools in order to ensure the use of laws by all Oro.
Questions for discussion at seminars.
Seminar classes are not provided.
1. Planning in the Horde.
2. Financial support Horde.
3. Operational search records.
4. Subjects controlling the Horde.
5. Subjects carrying out the effective control of the HFD.
6. Prosecutor's and judicial control over the Horde.
Tasks for independent work
1. To additionally explore the provision of prosecutor's and judicial control for the Horde.
2. To postpone Section U1 of the Law on the Code.
Tests for self-control
Question number 57.Special operational search activities related to the use of telephone communications and postal channels of communication enterprises, in the interests of all ORD authorities, are technically conducted (note the right option):
1. National security authorities.
2. Internal affairs bodies.
3. Financial Police.
4. Military intelligence MO.
5. Narcotics Control Agency.
Question number 58.Special operational search activities can only be carried out at the objects of their operational support (note the correct option):
1. National security bodies.
2. Internal affairs bodies.
3. State protection bodies.
4. Financial Police.
5. Narcotics Control Agency.
Question number 59.With the sanction of the prosecutor, the following ORM are held (note the wrong option):
1. Control of mail items.
2. Listening to telephone conversations.
3. Penetration into residential buildings, buildings.
4. Control of telegraph shipments.
5. Removing information from technical communication channels, computer systems and other technical means.
Question number 60.The sanction for the conduct of special ARM has the right to give (note the wrong option):
1. Prosecutor General of the Kyrgyz Republic and his deputies.
2. Military prosecutor cr.
3. Prosecutors of areas and prosecutors equivalent to them.
4. Prosecutors supervising the ORD authorized bodies.
Question number 61.In which cases, special ADMs associated with violation of citizens' rights to the secret of correspondence, telephone conversations, as well as for the inviolability of housing, can be carried out without obtaining the sanction of the prosecutor, and in the manner agreed with the Prosecutor General of the Kyrgyz Republic (note the wrong option):
1. To obtain intelligence information.
2. In order to identify, prevent and suppress the intelligence and subversive activities of the special services of foreign countries and foreign organizations carrying out illegal activities against the Kyrgyz Republic.
3. For disclosure of grave and especially grave crimes.
Question number 62.Based on the resolution approved by the head of the Ord, with the obligatory notification of the prosecutor within 24 hours, it is allowed to listen to telephone conversations with the written consent of citizens in cases (note the right version):
1. The emergence of the threat of life, health, property of individuals.
2. Obtaining data on the preparing bruise crime.
3. The emergence of the situation of the real receipt of important operational information.
Question number 63.Based on the motivated decision approved by the leadership of the Ord by the Organization, it is allowed to conduct an ARM, affecting the secret of correspondence, telephone talks as well as the right to the inviolability of housing, with immediate notification of the prosecutor and the subsequent obtaining the sanction within 24 hours in cases (note the correct option):
1. The occurrence of the threat of life, the health of individuals.
2. not tolerant declaration and can lead to committing terrorist act, sabotage and other grave crimes.
3. Real opportunities to obtain significant evidence of illegal activity.
main sources
1. Constitution of the Kyrgyz Republic. Bishkek. 2008
2. The Law of the Kyrgyz Republic "On Operational Investigative Activities" of 05.10.1998.
3. The law of the Kyrgyz Republic "On the internal affairs bodies of the Kyrgyz Republic" of January 11, 1994.
Prosecutor's supervision over the execution of this Federal Law is carried out by the Prosecutor General of the Russian Federation and the prosecutors authorized by him.
At the request of the specified prosecutors, the heads of bodies engaged in operational and investigative activities represent them promptly - service documents, including the work of operational accounting, materials on the conduct of operational and search measures using operational and technical means, as well as accounting and registration documentation and departmental regulatory Legal acts regulating the procedure for conducting operational and investigative activities.
Information on persons implemented in organized criminal groups on staffing unknown employees of bodies engaged in operational and search activities, as well as those who assist these bodies on a confidential basis, are represented by the relevant prosecutors only with the written consent of those listed persons, except in cases requiring They are involved in criminal liability.
The prosecutors referred to in the first paragraphs of this article provide the protection of information contained in the submitted documents and materials.
The failure to fulfill the legal claims of the prosecutor arising from its authority to supervise operational search activities, entails the responsibility established by law.
Comment on Article 21
1. The responsibility of oversight for the execution of laws by the bodies engaged in operational and search activities is entrusted to the prosecutor's office of the law "On the Prosecutor's Office of the Russian Federation" of January 17, 1992 provided for by Art. The 22 of this law is the powers of the prosecutor fully apply to the sphere of operational and investigative activities. No further, special powers, the prosecutor is not endowed.
2. From the content of Part 1 of Art. 21 commented by the law it follows that the Prosecutor General of the Russian Federation personally determines its order of prosecutors, which personally assign supervision of the execution of legislation regulating the Horde. By the order of the Prosecutor General of the Russian Federation "On the organization of supervision of the federal law" On operational-search activities "dated August 9, 1996 N 48 These functions are entrusted with prosecutors of the constituent entities of the Russian Federation equivalent to military and other specialized prosecutors, cities and districts prosecutors, other territorial, military and specialized prosecutors, as well as the orders allocated for these purposes by orders of prosecutors of the constituent entities of the Russian Federation of authorized prosecutors, and in the General Prosecutor's Office - at the Deputy Prosecutor General, the Chief Military Prosecutor and his deputies, heads of departments and departments and their deputies (senior assistants and Assistants), senior prosecutors and prosecutors in accordance with their functional duties.
Since a part of information on operational and search activities is a state secret, the authorized prosecutors should be issued in the prescribed manner, which is a formal basis for familiarization with operational documenses.
3. The subject of prosecutor's supervision is the execution by the bodies carrying out operational and investigation activities, the Constitution of the Russian Federation, commented and other laws.
The duty of the supervision of the execution of regulations of the regulations (orders, instructions) on the prosecutor is not entrusted. The appeal of prosecutors to the regulatory acts of the respective departments is justified and only necessary when it is not possible to estimate the legality of operational and investigative measures, since the provisions of regulations may specify the law, identify the mechanisms of its execution. So, st. 8, 9 and 11 of the Law on Horde suggest the concretization of their provisions in departmental regulations. Therefore, part 2 of the commented article provides for the right of the prosecutor to require submission, along with other documents, departmental regulations governing the procedure for conducting operational search activities.
4. Requirement of an authorized prosecutor about the presentation of operational documents, reflecting the course and results of operational and investigative activities, can be written and oral.
5. In part 2 of the commented article lists the operational documents, the submission of which an organ authority can require a prosecutor.
Operational - search documents are requested by the prosecutor as in connection with the materials received to the prosecutor's office, information and appeals of citizens about violation of laws during operational and search activities and when checking the established procedure for their conduct and the legality of the decisions taken. In particular, the reason for this may be received and registered in the prosecutor's office documents of an informational information on violation of laws in the implementation of the Horde, emanating from officials of enterprises, institutions, organizations, including the submission of the investigator, the person who produces inquiry, private definitions (judgments) of the Court (judges). Materials issued materials on violations of laws during ARM are an independent reason for checking the prosecutor specified in the publication of information (facts).
6. The frequency of verification of the established procedure for conducting the ORM and the legality of the decisions made at the same time determine the Prosecutor General of the Russian Federation, as well as authorized prosecutors. In the part in which the procedure for the production of operational search activities and the founding of decision-making on their results (in addition to the law) is regulated by departmental regulatory acts, the prosecutor has the right to check the proper execution of the provisions of these acts. The supervision includes the legality of the following decisions: on the production and termination of the operational verification; termination of the operational - search event; on the destruction of materials containing information on the results of the operational - search event; maintaining the specified materials during the year from the date of receipt; on the initiation of criminal case and conducting investigative actionIf these solutions are based on promptly search data.
7. In the subject of Prosecutor's supervision, the legality of the decision of the judge is not included in the results of the consideration of materials on the restriction of the constitutional rights of citizens in the conduct of operational and search activities, as well as the legality and validity of the initiation by the Organization by the ORD, the petition for the operational - searching event associated with the limitation constitutional rights of citizens. Since the final decision on such an event is the prerogative of the court, the prosecutor should not predict its conclusion and cannot prevent the appeal of the Ords exercising, to court with the corresponding petition. The above applies also in cases where the operational and search activities related to the restriction of the constitutional rights of citizens are carried out before receiving a court decision (or without any) in the manner prescribed by Part 3, 4 and 7 of Art. 8 of the Law on Horde.
Prosecutor's supervision for promptly searching activities regulated by the commented article should be distinguished from the function of the prosecutor to protect the rights and freedoms of citizens in accordance with Art. 5 of the Law on Horde. The subject of the prosecutor's supervision provided for by Art. 21, is the "current" operational - search activities carried out before the initiation of a criminal case, in parallel with the proceedings or after the termination of the criminal case, if there are grounds to suspect a person in involvement in other crimes.
Checking the legality and validity of the operational and search activities carried out in accordance with Art. 5, there is a place in those situations where the guilt of a person in committing a crime has not been proven and adopted a relevant procedural decision, and the operational investigative activity against it is completely discontinued.
Prosecutor's supervision for operational and search activities is not limited to decisions on the conduct and the procedure for conducting individual ORM, since promptly search activities are not exhausted by operational and search activities. Prosecutor's supervision also applies to decisions on the institution and termination of operational accounting and other solutions that are not related to the management of ORM.
8. In accordance with the joint indication of the Prosecutor General of the Russian Federation of July 29, 1996 and the Minister of Internal Affairs of the Russian Federation of July 25, 1996, "On the procedure for submission by the internal affairs bodies of materials for the implementation of prosecutor's supervision for the execution of the Federal Law" On Operational - Investigative Activities " The leaders of the organs engaged in the Horde proposed to provide authentic operational documents to authorized prosecutors at their request, which served as the basis for the establishment of operational accounting cases, as well as conducting ORM.
If the prosecutor has reasonable information on the restriction or violation in the process of operational and investigative activities of the rights and legitimate interests of citizens, the obligation to proverse the legality and reasonableness of the ORM is assigned to the organs carrying out the HRD. With the failure of convincing information confirming the legality of the decision and order of the event, the prosecutor has the right to proceed from the proof of the fact of violation of the law and resort to the relevant response measures against the perpetrators.
9. In cases provided for in Part 3 of the commented article, the written consent of the persons specified in this article issues the official of the body carrying out the operational and search activities. Consent to the presentation of information to the prosecutor is issued by a document of an arbitrary form (receptacle, statement).
The presentation of information to the prosecutor in relation to persons implemented in organized criminal groups providing or provided on a confidential basis to assist the bodies engaged in the staff of the staff of the staff of these bodies of these bodies is allowed without the consent of such persons in the presence of sufficient grounds for the provision of a crime.
10. Verification of the prosecutor of the execution of laws by the ORD authorities is reflected in independent supervisory production, which concentrates materials, information, complaints, statements of citizens, certificates, operational documents submitted to the prosecutor's office, operational documents submitted to the prosecutor on its requests. The prosecutor's office must be provided with adequate workshop on documents related to operational search activities, excluding the loss or disclosure of information constituting the state secrecy. It is carried out in accordance with the instructions on the organization of office work in the prosecutor's office for documents of operational and investigative activities, approved by the Order of the Prosecutor General of the Russian Federation dated August 9, 1996 N 48.
11. According to the facts established by the prosecutor, violations of the law made during operational investigative activities, it can submit a submission to the authority carried out by the Horde, by analogy with the procedure for introducing submissions provided for by Art. 24 of the Law on the Prosecutor's Office. If there is grounds, the prosecutor has the right to also make a reasoned decision on the initiation of a criminal case.