The prosecutor's offices of the constituent entities of the Russian Federation, military and other specialized prosecutor's offices equated to them are headed by the corresponding prosecutors who have first deputies and deputies.
In the prosecutor's offices of the constituent entities of the Russian Federation, military equated to them and other specialized prosecutor's offices, collegia are formed consisting of the prosecutor of the constituent entity of the Russian Federation (chairman), his first deputy and deputies (by position) and others prosecutors appointed by the prosecutor of the constituent entity of the Russian Federation.
In the prosecutor's offices of the constituent entities of the Russian Federation, military and other specialized prosecutor's offices equated to them, directorates and departments are formed (as directorates, as part of directorates). The heads of departments and departments, as departments, are senior assistants, and their deputies and heads of departments as part of departments are assistants to prosecutors of the constituent entities of the Russian Federation.
The positions of senior assistants and assistants to the prosecutor, senior prosecutors and prosecutors of departments and departments shall be established in these prosecutors' offices. Prosecutors of the constituent entities of the Russian Federation and prosecutors equated to them may have assistants on special assignments, whose status corresponds to that of deputy heads of departments.
Prosecutors of the constituent entities of the Russian Federation, prosecutors equated to them, direct the activities of prosecutors of cities and regions, other prosecutors equal to them on the basis of the laws in force in the territory of the Russian Federation and normative acts of the Prosecutor General of the Russian Federation, issue orders, instructions, orders that are binding on all subordinate employees may make changes to the staffing tables of their offices and subordinate prosecutors within the limits of the number and payroll established by the Prosecutor General of the Russian Federation.
The powers of the prosecutor of the subject:
Supervision over observance of the Constitution of the Russian Federation, execution of laws, observance of human and civil rights and freedoms by representative (legislative) and executive bodies subjects of the Russian Federation, bodies local government, territorial bodies federal bodies executive power, including regulatory authorities, their officials, governing bodies and heads of commercial and non-profit organizations, as well as for the compliance with the laws of the legal acts issued by them;
Supervision over the implementation of anti-corruption legislation in the specified bodies and institutions;
Participation in the lawmaking activities of the representative (legislative) bodies of the constituent entities of the Russian Federation;
Supervision over the implementation of laws by territorial subdivisions of federal executive bodies authorized to carry out operational-search activities, inquiry and preliminary investigation, as well as by relevant subdivisions The Investigative Committee at the Prosecutor's Office of the Russian Federation, including for the fulfillment of the requirements of the federal law when receiving, registering and resolving reports of crimes;
Supervision over the implementation of laws in places of detention of suspects and accused of committing crimes, during the execution of criminal sentences and the application of compulsory medical measures prescribed by the court;
Consideration of applications containing information on violation of laws by territorial bodies of federal executive bodies, legislative (representative) and executive bodies state power constituent entities of the Russian Federation, local government bodies, their officials, governing bodies and heads of commercial and non-commercial organizations of the corresponding level, as well as complaints about decisions and actions (inaction) of subordinate prosecutors;
Organization and implementation of criminal prosecution in the judicial stages of criminal proceedings;
Participation within the established competence in civil and arbitration process in accordance with the norms of federal legislation and organizational and administrative documents of the Prosecutor General of the Russian Federation;
Supervision over the implementation of laws by territorial bodies Federal Service bailiffs;
Coordination of activities law enforcement on the fight against crime on the territory of a constituent entity of the Russian Federation;
Analysis and generalization of data on the state of legality and law and order on the territory of the constituent entities of the Russian Federation, participation in the formation of state and departmental statistical reports on the state of legality, the work of prosecutors, etc .;
Management of the activities of prosecutors of cities, districts and other territorial prosecutor's offices;
Interaction with the media, public organizations in the manner established by the organizational and administrative documents of the Prosecutor General of the Russian Federation.
21. Features of the organization and activities of the military prosecutor's office.
The authorities of the military prosecutor's office exercise their powers in the Armed Forces of the Russian Federation, other troops, military formations and bodies created in accordance with federal laws and other regulatory legal acts.
The system of bodies of the military prosecutor's office consists of the Chief Military Prosecutor's Office, military prosecutor's offices of military districts, fleets, Rocket Troops strategic purpose, the Federal Border Service of the Russian Federation, the Moscow City Military Prosecutor's Office and other military prosecutor's offices, equated to the prosecutor's offices of the constituent entities of the Russian Federation, the military prosecutor's offices of associations, formations, garrisons and other military prosecutor's offices, equated to the prosecutor's offices of cities and regions. In the military prosecutor's offices, equated to the prosecutor's offices of cities and regions, by decision of the Chief Military Prosecutor, prosecutorial, prosecutorial-investigative and investigative sections may be created.
In areas where, due to exceptional circumstances, other bodies of the prosecutor's office do not operate, as well as outside the state, where, in accordance with international treaties the Russian Federation troops are located, the implementation of the functions of the prosecutor's office may be entrusted by the General Prosecutor of the Russian Federation to the military prosecutor's office.
The formation, reorganization and liquidation of the military prosecutor's office, determination of their status, competence, structure and staffing are carried out by the Prosecutor General of the Russian Federation, whose orders on these issues are implemented in accordance with the directives of the General Staff of the Armed Forces of the Russian Federation and other troops, military formations and bodies.
Bodies of the military prosecutor's office are headed by the Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor, who directs the activities of the military prosecutor's office, ensures the selection, placement and education of personnel, conducts certification of military prosecutors and investigators, issues orders and instructions that are binding on all military prosecutors.
Financing of the military prosecutor's office is carried out by the Ministry of Defense of the Russian Federation at the expense of funds allocated for these purposes federal budget... The material and technical support of the military prosecutor's office, the allocation of office premises, transport, communications and other types of supplies and allowances to them are carried out by the Ministry of Defense of the Russian Federation and other troops and military formations for established standards... The protection of the office premises of the military prosecutor's office is carried out by military units.
The chief military prosecutor has a first deputy and deputies, senior assistants for special assignments, whose status corresponds to that of heads of departments, and assistants at special assignments, whose status corresponds to that of deputy heads of departments.
The structure of the Main Military Prosecutor's Office consists of directorates, departments (independent and as part of directorates), an office and a reception. Heads of directorates and independent departments are senior assistants, and their deputies, heads of departments as part of directorates, office and reception are assistants to the Chief Military Prosecutor. Provisions on structural divisions The Chief Military Prosecutor's Office is approved by the Chief Military Prosecutor.
In directorates and departments, the positions of senior prosecutors and prosecutors, senior forensic prosecutors and forensic prosecutors, as well as senior investigators for especially important cases and investigators for especially important cases are established.
In the Chief Military Prosecutor's Office, a Collegium is formed consisting of the Chief Military Prosecutor (chairman), his first deputy and deputies (ex officio), and other prosecutors appointed by the Chief Military Prosecutor. The composition of the Collegium is approved by the Prosecutor General of the Russian Federation on the proposal of the Chief Military Prosecutor.
The military prosecutor's office is vested with the following powers:
1.supervision over the implementation of the Constitution and laws in force on the territory of the Russian Federation, compliance with the laws of issued legal acts, observance of the rights of servicemen and members of their families and other citizens by heads and officials of command and control bodies and military command, military units, institutions, organizations, enterprises and other paramilitary units of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, Federal Security Service of the Russian Federation, Federal Security Service of the Russian Federation, etc .;
2.supervision over the execution of laws in production preliminary investigation, inquiry and implementation of an ORD in criminal cases in materials about crimes committed by military personnel, as well as by citizens undergoing military training, civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations;
3. criminal prosecution in criminal cases on crimes committed by military personnel, as well as citizens undergoing military training, persons of civilian personnel of the Armed Forces of the Russian Federation.
The chief military prosecutor and prosecutors subordinate to him have, within the limits of their competence, the following powers and exercise them independently of the command and military command and control bodies:
- participate in meetings of collegiums, military councils, service meetings of military command and control bodies;
- appoint non-departmental audits and inspections, the costs of which are reimbursed by order of the prosecutor by the military administration bodies, where the inspected military units and institutions are on allowance;
- have the right, upon presentation of a service certificate, to freely enter the territory and premises of military units, enterprises, institutions, organizations and headquarters, regardless of the regime established in them, to have access to their documents and materials;
- check the legality of the detention of convicted, arrested and detained military personnel in guardhouses, disciplinary units and other places, and immediately take measures to release the persons illegally detained there;
- demand the provision of protection, detention and escorting of persons in military and garrison guardhouses, in other places of detention of detainees and prisoners.
Structurally, the prosecutor's offices of the constituent entities of the Russian Federation and specialized prosecutor's offices equated to them consist of directorates and departments. Heads of directorates and departments are senior assistants and assistants to prosecutors of the constituent entities of the Russian Federation (specialized prosecutors equated to them), who appoint and dismiss them.
Prosecutor's offices of districts and cities, military and other specialized prosecutor's offices equated to them are headed by the corresponding prosecutors, who are appointed and dismissed by the Prosecutor General of the Russian Federation. Their term of office is 5 years. districts and other equivalent prosecutors' offices manage the activities of the prosecutor's office headed by them, make proposals to higher prosecutors to change the staffing of the prosecutor's office, personnel changes.
4. A citizen of the Russian Federation at least 30 years of age who meets the requirements established by paragraph 1 of paragraph 1 and paragraph 2 of Article 40.1 of this Federal law, and having a length of service (work) of at least seven years in the bodies and institutions of the prosecutor's office in positions for which the assignment of class ranks is provided.
Legal basis of activity
supervision of the implementation of laws by federal ministries, state committees, services and other federal authorities executive power, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military command bodies, control bodies, their officials, management bodies and heads of commercial and non-commercial organizations, as well as for compliance with the laws of the legal acts issued by them; supervision over the observance of human and civil rights and freedoms by federal ministries, state committees, services and other federal executive bodies, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military administration bodies, control bodies, their officials, and also governing bodies and heads of commercial and non-commercial organizations; supervision over the implementation of laws by administrations of bodies and institutions executing punishment and applying measures of a coercive nature imposed by the court, administrations of places of detention of detainees and persons in custody;A citizen of the Russian Federation who is at least 30 years old, who meets the requirements established by paragraph 1 of paragraph 1 and paragraph 2 of Article 40.1 of this Federal Law, and who has a length of service (work) of at least seven years in the bodies and institutions of the prosecutor's office in positions for which the assignment of class ranks is provided.
Appointment of prosecutors to office, their subordination and grounds for dismissal
Messages on the appointment of prosecutors to office and their dismissal are published in the press. Service in the bodies and institutions of the prosecutor's office is a type of federal public service.The cadres of the prosecutor's office are formed in accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation", which establishes requirements for persons appointed to the posts of prosecutors and investigators, the conditions and procedure for their admission to the service.
Competence of prosecutors of constituent entities of the Russian Federation
To attract such individuals to criminal liability and send the case to the court, and in the absence of such grounds, terminate the proceedings.Fast and complete disclosure of crimes.
Exposing the perpetrators and bringing them to criminal responsibility. Reimbursement material damage caused by the crime. Identification and elimination of the causes and conditions contributing to
Prosecutors of the constituent entities of the Russian Federation and prosecutors equated to them
; b) deputy prosecutors, heads of departments, senior assistants and assistant prosecutors, senior forensic prosecutors and forensic prosecutors, investigators for particularly important cases, senior investigators, investigators and their assistants, subordinate prosecutors (p.2 tbsp. 40.5 of the Federal Law "On the Prosecutor's Office of the Russian Federation"); 4) impose disciplinary action for employees appointed by them to the position, with the exception of deprivation badge"Honorary Worker of the Prosecutor's Office of the Russian Federation" (Part 3 of Art.
In accordance with clause "h" part 1 of Art. 102 of the Constitution of the Russian Federation, the appointment and dismissal of the Prosecutor General of the Russian Federation belongs to the jurisdiction of the Federation Council on the proposal of the President of the Russian Federation. The issue of dismissing the Prosecutor General of the Russian Federation is considered by the Federation Council on the basis of the proposal of the President of the Russian Federation. The term of office of the Prosecutor General of the Russian Federation is five years. The First Deputy Prosecutor General of the Russian Federation and his deputies are appointed and dismissed by the Federation Council on the proposal of the Prosecutor General of the Russian Federation.
In accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation":
Prosecutors of the constituent entities of the Federation are appointed to office for a period of five years by the Prosecutor General of the Russian Federation in agreement with the authorities of the constituent entities of the Federation determined by their constitutions (statutes). Prosecutors of the constituent entities of the Russian Federation shall be relieved of their duties by the Prosecutor General of the Russian Federation.
Prosecutors of cities and districts, prosecutors of specialized prosecutors' offices are appointed to office for a period of five years and dismissed by the Prosecutor General of the Russian Federation.
The prosecutor of a constituent entity of the Russian Federation, prosecutors equated to him shall appoint and dismiss:
a) employees of the apparatus of the relevant prosecutor's office, with the exception of their deputies;
b) deputy prosecutors, heads of departments, senior assistants and assistant prosecutors, senior forensic prosecutors and forensic prosecutors, investigators for particularly important cases, senior investigators, investigators and their assistants, subordinate prosecutors.
Prosecutors of cities, districts, prosecutors equated to them shall appoint and dismiss employees who do not hold the post of prosecutors and investigators.
Persons who are first recruited into the service of the prosecutor's office, with the exception of persons who have graduated from educational institutions of higher professional and secondary vocational education, in order to verify their suitability for the position held, may be tested for a period of up to six months. The duration of the trial is established by the head of the prosecutor's office competent to appoint to the given position, by agreement with the person being recruited. The test period can be reduced or extended by agreement of the parties within six months.
A person appointed for the first time to the position of a prosecutor or investigator takes an oath of the content prescribed by law (Article 40.4 of the Law).
Features of bringing prosecutors to legal responsibility.
In relation to employees of the prosecutor's office, there are peculiarities in the issue of bringing to legal responsibility. In accordance with Art. 42 Federal Law "On the Prosecutor's Office of the Russian Federation":
Any verification of a report on the fact of an offense committed by a prosecutor or an investigator, the initiation of a criminal case against them (except for cases when the prosecutor or investigator is caught in the commission of a crime), the conduct of an investigation are the exclusive competence of the prosecutor's office.
For the period of investigation of a criminal case initiated against a prosecutor or investigator, they are removed from office. During the period of suspension from office, the employee is paid a salary in the amount of the official salary, additional payments for cool rank and seniority.
Detention, drive, personal search of a prosecutor and an investigator, inspection of their belongings and the transport they use are not allowed, except for cases when this is provided for by federal law to ensure the safety of other persons, as well as detention when committing a crime.
Commentary on Art. 42.
1. This Federal Law (Art. 17), Ch. 52 of the Code of Criminal Procedure of the Russian Federation (features of criminal proceedings against selected categories persons), Order General Prosecutor's Office RF of July 29, 2002 N 46 "On the procedure for checking reports of offenses of prosecutors and investigators", taking into account the special legal status of prosecutors, establish special order verification of reports of offenses, initiation of criminal proceedings, application of coercive measures, referral to court and judicial review of prosecutors and investigators of the prosecutor's office. The legislation also provides for a special procedure for bringing them to administrative and criminal liability. Any verification of a report on the fact of an offense committed by a prosecutor or an investigator of the prosecutor's office, the initiation of a criminal case against them (except for cases when the prosecutor or an investigator is caught in the commission of a crime), investigation are the exclusive competence of the prosecutor's office.
1.1. Statements (messages) of citizens, bodies of state power and local self-government bodies, reports of the media and other sources about a committed or impending crime, an administrative offense on the part of prosecutors and investigators are subject to prosecutorial verification. The circumstances contained in the reports and allegations of offenses are carefully checked, while being guided by the principle of legality, preventing both unjustified punishment of prosecutors and investigators, and attempts to remove them from liability provided for by law. In the course of this work, attempts to collect information about the private life of prosecutors and investigators that are not related to the investigation are suppressed.
Data on violation of the Oath of the Prosecutor (Investigator) or their commission of misconduct defaming the honor of the prosecutor's employee, which entail the application of disciplinary measures, are also subject to verification.
The inspection (official investigation) must be started immediately. The decision to conduct an inspection (official investigation) of the circumstances of an administrative offense (disciplinary offense) in the constituent entities of the Russian Federation is made by the head of the prosecutor's office, whose competence includes the appointment of a prosecutor, an investigator to the current position, and in relation to prosecutors of cities and regions, equivalent to them military prosecutors of garrisons and others specialized prosecutors - the prosecutor of a constituent entity of the Federation and an equivalent military prosecutor.
In relation to prosecutors and investigators of the Office of the Prosecutor General's Office, as well as prosecutors of the constituent entities of the Russian Federation and their deputies, inspections and official investigations are carried out at the direction of the Prosecutor General or his deputies by the personnel department.
Checks and official investigations in respect of military prosecutors of districts, fleets, prosecutors equated to them, as well as prosecutors and investigators of the Chief Military Prosecutor's Office are carried out at the direction of the Chief Military Prosecutor.
1.2. If there are grounds established by the Code of Criminal Procedure of the Russian Federation, a decision to initiate a criminal case against a prosecutor or investigator (including when they are detained at the scene of a crime) may be made on the basis of a judge's opinion district court at the place of commission of an act containing elements of a crime, in relation to an investigator - by a prosecutor, and in relation to a prosecutor - by a higher-ranking prosecutor, except for cases of initiation of a criminal case against the General Prosecutor or his deputy.
In accordance with Part 1 of Art. 450 of the Code of Criminal Procedure of the Russian Federation, the election of a prosecutor or an investigator detained at the scene of a crime, a preventive measure in the form of detention is carried out in general order, provided for by Art. Art. 97, 99 - 101, 108 of the Code of Criminal Procedure of the Russian Federation. In Art. 448 of the Code of Criminal Procedure of the Russian Federation, the peculiarities of the procedure for initiating a criminal case against a prosecutor and an investigator, and involving them as accused are noted. It can be initiated against other persons or upon the commission of an act containing signs of a crime; making in the course of the preliminary investigation a decision to change the qualification of an act, entailing a deterioration in the situation of persons. At the same time, the powers of the prosecutor to make procedural decisions are personified, i.e. these decisions, in the prescribed manner, are made exclusively by the head of the prosecutor's office of the level indicated in relation to a particular norm. The decision to initiate a criminal case against an investigator of the prosecutor's office or to involve him as an accused is made by the prosecutor of the corresponding level, and in relation to the prosecutor - by a higher prosecutor in the following order.
Notification of a crime committed by a prosecutor's office, adopted in accordance with Art. Art. 140-143 of the Code of Criminal Procedure of the Russian Federation, is immediately transferred in relation to the investigator to the prosecutor of the district (city), and in relation to the prosecutor - to the higher prosecutor, who entrusts the inspection to an official of the prosecutor's office or conducts it personally. The prosecutor shall issue a reasoned decision on the decision taken. The prosecutor of the constituent entity of the Russian Federation (an equivalent prosecutor) is immediately informed of the receipt of a message.
During the consideration of the message, the prosecutor or investigator has the right in accordance with Part 4 of Art. 146, part 4 of Art. 21, art. 144 to inspect the scene of the incident (including the housing and office premises occupied by the prosecutor, personal and official vehicles used by him), to conduct an examination, to appoint an examination, to receive explanations, to demand the production of documentary checks, audits and to involve specialists in their participation, to carry out other verification actions. In the absence of reasons and grounds for initiating a criminal case, the prosecutor or investigator shall issue a decision to refuse to initiate and at the same time consider the issue of initiating a criminal case for knowingly false denunciation against a person who has declared or disseminated a false report about a crime. Inspection materials and relevant decisions are immediately sent to the prosecutor of the constituent entity of the Russian Federation.
1.3. Article 450 of the Code of Criminal Procedure of the Russian Federation establishes the features:
1) execution judgment on detention;
2) execution of a court decision on the conduct of a search;
3) the production of investigative and other procedural actions, carried out only on the basis of a court decision, in relation to the person specified in Part 1 of Art. 447, if a criminal case has not been initiated against such a person or such a person has not been prosecuted.
The court decision on the performance of investigative actions and other procedural actions in relation to the investigator, the prosecutor is taken by the judge of the district court. At the same time, in relation to the investigator, the petition is sent to the court by the prosecutor of the corresponding level, and in relation to the rest of the persons - by the prosecutor of the constituent entity of the Russian Federation.
1.4. The procedure for initiating a criminal case against the Prosecutor General of the Russian Federation or involving him as an accused is enshrined in paragraph 2 of part 1 of Art. 448 of the Criminal Procedure Code of the Russian Federation. Verification of a report of a crime committed by the Prosecutor General of the Russian Federation is the exclusive competence of the prosecutor's office and is carried out by the prosecutor, who may be entrusted with the performance of the duties of the Prosecutor General of the Russian Federation in the event of his removal from office. When sufficient data is established that indicate signs of a crime in the actions of the Prosecutor General of the Russian Federation, the verification materials are submitted to the President of the Russian Federation for making a decision. The Constitutional Court of the Russian Federation, in Resolution No. 17-P of December 1, 1999, indicated that, based on the Constitution of the Russian Federation and in the absence of other legislative regulation, the President of the Russian Federation must issue an act on the temporary removal of the Prosecutor General of the Russian Federation from office.
When considering the submission of the President of the Russian Federation to court session The Supreme Court The RF Prosecutor General of the RF, dismissed from office, as well as his defender, have the right to participate.
The Acting Prosecutor General of the Russian Federation, after receiving the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the Prosecutor General of the Russian Federation, makes a decision to initiate a criminal case and entrusts a preliminary investigation to an investigator of the Prosecutor's Office or a prosecutor.
The question of bringing the Prosecutor General of the Russian Federation as an accused if a criminal case was initiated against other persons or on the fact of committing an act containing signs of a crime is resolved in the same way as when initiating a criminal investigation against the Prosecutor General of the Russian Federation himself.
1.5. Supervision over the procedural activities of the bodies of preliminary investigation in criminal cases investigated against prosecutors and investigators is carried out within the competence of the prosecutors of the subjects of the Federation, military prosecutors and prosecutors of other specialized prosecutors equated to them, and on behalf of the General Prosecutor or his deputies - also by other prosecutors.
1.6. For the period of the investigation of a criminal case opened against a prosecutor or investigator, or an official investigation of the circumstances of the commission of an offense defaming the honor of a prosecutor, in each case it is necessary to consider the issue of the need to remove them from their post.
It should be borne in mind that an employee who has committed a misdemeanor defaming the honor of a prosecutor's employee may be removed from office for no more than one month until the issue of imposing a disciplinary sanction is resolved. Removal from office is formalized by order of a higher prosecutor. During the period of dismissal, the employee is paid a salary in the amount of the official salary, additional payments for class rank and length of service.
1.7. No later than 24 hours after the completion of the check (official investigation), it is necessary to notify the prosecutor or investigator in respect of whom it was carried out in writing about the results of the check (official investigation), and if there is a request, to acquaint them with all the test materials.
In the event of the termination of the criminal case against the prosecutor or investigator, a reasoned opinion on the legality and validity of the decision taken shall be submitted within 10 days to the General Prosecutor's Office and the Chief Military Prosecutor's Office, respectively.
2. According to Art. 449 of the Code of Criminal Procedure of the Russian Federation, an investigator or a prosecutor has the right to detain prosecutors in accordance with Art. 91 of the Criminal Procedure Code. This happens only when a person is caught while committing a crime or immediately after committing it, if the victims or eyewitnesses point to this person or on this person or on his clothes, on him or in his home, clear traces of the crime will be found. Detention at the scene of a crime (actual deprivation of freedom of movement) means that a person is caught while committing a crime or immediately after the end of criminal acts at the scene of their commission, or while trying to escape from the scene of the crime. In this case, identification means confirmation of the information that the detainee is an official mentioned in the commented article.
Carrying out such actions is due to the need for indisputable identification of the person, detection and consolidation of traces of the crime. Article 449 of the Code of Criminal Procedure of the Russian Federation contains an exception from the rules established by Art. 94 and providing for the grounds and procedure for the release of a person detained on suspicion of committing a crime. The decision on the immediate release of such a person must be made by the official who made the arrest.
Detention, drive, personal search of a prosecutor and an investigator, inspection of their belongings and the transport they use are not allowed, except for cases when this is provided for by federal law to ensure the safety of other persons, as well as detention when committing a crime.
Law enforcement and regulatory officials authorized to carry out the actions specified in paragraph 2 of Art. 42 of this Federal Law, after fixing their results directly on the spot and establishing the identity of the prosecutor or investigator of the prosecutor's office are obliged to immediately transfer all materials to the corresponding or higher prosecutor at established order... When applying Art. 91 of the Code of Criminal Procedure of the Russian Federation in relation to the prosecutor, the investigator of the prosecutor's office, it is necessary to bear in mind paragraph 2 of Art. 42 of this Federal Law, in accordance with which the named persons cannot be detained, subjected to drive, personal search, their belongings and the transport they use are not subject to inspection (except for cases when this is provided by the Federal Law to ensure the safety of other persons, as well as detention when committing crimes). To resolve this issue, the Ministry of Internal Affairs of the Russian Federation prepared a letter No. 13 / c-72 dated June 18, 2003 "On the direction of Methodological Recommendations." In the event that these requirements are violated, it is possible to bring an official to administrative and criminal liability. For example, in February 2007, in Novosibirsk, a court sentenced a traffic police officer to criminal liability for arresting and inspecting the car of a prosecutor’s employee who had presented his official ID.
1. The powers, organization and procedure for the activities of the Prosecutor's Office of the Russian Federation shall be determined by federal law.
2. The Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation shall be appointed and dismissed by the Federation Council on the proposal of the President of the Russian Federation.
3. Prosecutors of the constituent entities of the Russian Federation shall be appointed to office by the President of the Russian Federation on the proposal of the Prosecutor General of the Russian Federation, agreed with the constituent entities of the Russian Federation. Prosecutors of the constituent entities of the Russian Federation shall be dismissed from office by the President of the Russian Federation.
4. Other prosecutors, except for prosecutors of cities, districts and prosecutors equated to them, shall be appointed and dismissed by the President of the Russian Federation.
5. Prosecutors of cities, districts and prosecutors equated to them shall be appointed and dismissed by the Prosecutor General of the Russian Federation.
Commentary on Article 129 of the Constitution of the Russian Federation
1. The word "prosecutor's office" comes from procuro (lat.) - I care, I provide, I prevent. For the first time in history The Russian state the prosecutor's office was established by three decrees of Peter I of 1722, in particular, on January 12, "On the position of the senate" ("... to be in the Senate to the prosecutor general and the chief prosecutor, also in any collegium for the prosecutor, which will have to report to the prosecutor general "). Despite the lack of legislative consolidation of the principle of separation of powers, the prosecutor's office in Russia was created primarily as a power control and oversight body. Although the Judicial Reform of 1864 reduced the functions of the prosecutor's office to a greater extent to participation in court, supervision of preliminary investigation and inquiry, the "general supervision" powers of the prosecutor's office were retained: "* (1193). But even with the change in functions, the Prosecutor's Office remained as an authority body, exercising supervision over the implementation of laws, criminal prosecution and participation in court.
Since the inception of the prosecutor's office and up to the present day, the following directions of prosecutorial supervisory activities have developed and are now legislatively enshrined in Russia: a) supervision over the execution of laws and the legality of legal acts; b) supervision over the implementation of laws by bodies carrying out operational-search activities, inquiry and preliminary investigation; c) supervision over the implementation of laws by administrations of bodies and institutions executing punishment and measures of a coercive nature imposed by the court, administrations of places of detention of detainees and persons in custody; d) participation in the consideration of cases by the courts (with the implementation of criminal prosecution, as well as the exercise of powers as a party to the process). In the Federal Law "On the Prosecutor's Office of the Russian Federation" (as amended in 1995), another branch is fixed - supervision over the observance of human and civil rights and freedoms, which is absorbed by the subject of supervision and the powers of the prosecutor in the above-mentioned areas of supervision, where rights and freedoms are protected equally.
Thus, the history of the creation and development of the prosecutor's office shows that since the prosecutor's office is endowed with appropriate supervisory and other powers, is empowered by the state to carry out its tasks and functions, and acts in the manner prescribed by law, then, as a consequence, it is a state-power body.
However, the 1993 Constitution enshrined the division of state power into legislative, executive and judicial (Article 10), while the concept of prosecutorial power is not used in it, the system of prosecutorial bodies is considered from the standpoint of organizing prosecutorial activities. The constitutional aspect in legal theory remained undeveloped: the normative regulation of the activities of the prosecutor's office was limited only to an indication in Art. 129 on its unified centralized system and the procedure for appointing the Prosecutor General of the Russian Federation, prosecutors of the constituent entities of the Russian Federation, as well as other prosecutors.
As the President of the Russian Federation noted, "The Constitution of the Russian Federation left open the question of the place of the prosecutor's office in the system of government bodies. Unfortunately, the current Law on the Prosecutor's Office does not fill this gap in full. The current conceptual model does not give a complete and clear answer to both theoretical and on many practical questions "* (1194).
According to Art. 1 of the Law on the Prosecutor's Office, the Prosecutor's Office of the Russian Federation is a single federal centralized system of bodies exercising, on behalf of the Russian Federation, supervision over the observance of the Constitution and the implementation of laws in force on the territory of the Russian Federation. The Prosecutor's Office of the Russian Federation also performs other functions established by federal laws.
It follows from the content of the Constitution that the prosecutor's office does not belong either to the legislative, or to the executive, or to the judiciary. Justice in the Russian Federation is administered only by the court (Art. 118), and the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a single system of executive power (Art. 77). The prosecutor's office is not control body the legislature, and there is an independent centralized federal body * (1195).
The Law on the Prosecutor's Office explicitly states the independence of the activities of the Prosecutor's Office from any branches of government:
1) the prosecution authorities exercise their powers independently of the federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies, public associations and in strict accordance with the laws in force on the territory of the Russian Federation (Article 4);
2) it is inadmissible to interfere with the implementation of the prosecutor's supervision (Article 5). The independence of the prosecutor is supported by the provision that the influence in any form of federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies, public associations, the media, their representatives, as well as officials on the prosecutor or investigator in order to influence the accepted their decision or obstruction in any form of his activity entails liability established by law (clause 1 of article 5);
3) the prosecutor and the investigator are not obliged to give any explanations on the merits of the cases and materials in their production, as well as to provide them to anyone for familiarization, except in the cases and in the procedure provided for by federal legislation. No one has the right, without the permission of the prosecutor, to disclose the materials of inspections carried out by the prosecution authorities until they are completed. No one has the right, without the permission of the investigator, to disclose the materials of the preliminary investigation carried out by the investigative bodies of the prosecutor's office until its completion (paragraphs 2, 3, article 5).
At the same time Constitutional Court RF in the Decree of 18.02.2000 N 3-P * (1196) indicated that before the adoption of the federal law, which could regulate the procedure of inspections in the implementation of prosecutorial supervision over the implementation of laws, in particular, provide guarantees of individual rights, including the rights arising from from, and its permissible restrictions in the field of prosecutorial supervision, only one provision of paragraph 2 of Art. 5 of the Law on the Prosecutor's Office cannot serve as a basis for refusing to provide a citizen with the opportunity to get acquainted with materials directly affecting his rights and freedoms. prosecutorial checks... By virtue of Part 4 of Art. 79 of the Law on the Constitutional Court of the Russian Federation and based on the legal position formulated by the Constitutional Court in the said Resolution, the restriction of the right arising from Part 2 of Art. 24 of the Constitution is permissible only in accordance with federal laws establishing a special legal status of information not subject to dissemination, due to its content. At the same time, in any case, everyone should be provided with protection given right in court, and the court cannot be deprived of the opportunity to determine whether the recognition of certain information as not subject to dissemination is substantively justified.
The procedure for the appointment and dismissal of the Prosecutor General on the proposal of the President by the Federation Council and the obligation to present it to the chambers annually Federal Assembly and to the President, the report on the state of law and order in the country does not in any way indicate the subordination or entry of the prosecutor's office into the legislative or executive branches of government. Moreover, the Prosecutor General oversees the implementation of laws by the executive authorities of the Russian Federation, legislative and executive bodies of the constituent entities of the Russian Federation.
Speaking about the supervisory function of the prosecutor's office and its relationship with the executive branch, it should be noted that the prosecutor's office oversees the observance of the Constitution and the implementation of laws in force in the Russian Federation, federal ministries, state committees, services and other federal executive bodies, executive bodies of the constituent entities RF. This large block in the oversight work of the prosecutor's office is an element of restraining the executive power.
That is why the subordination of the prosecutor's office to the executive branch or the judiciary will lead to the destruction of the system of checks and balances that is emerging in the state, and will increase the danger of violation of laws. Both executive and judicial authorities apply laws, the violation of which is fraught with grave consequences. Without independent prosecutorial supervision, there will be practically no mechanism for responding to violations of laws by the courts. And if you subordinate the prosecutor's office to the executive branch, it will turn out that the latter will supervise the implementation of laws. representative bodies and to a certain extent by the judiciary.
Indeed, the prosecutor's office, like no other authority, interacts with other authorities, it is a necessary balance that balances other branches of government. In modern literature, it is rightly noted that the three fundamental branches of government should be supplemented with instruments of control and containment of any of them. In the conditions of Russia, this role should be performed by the prosecutor's office, which are obliged to establish and take measures to eliminate any violations of the laws, from whom the violations may come * (1197). This is especially true for our country with its vast territory, federal structure, legislation at the level of both the state and the constituent entities of the Russian Federation, in which the strengthening of prosecutorial supervision seems to be a significant factor in strengthening state integrity, the effectiveness of protecting human rights and freedoms, the interests of society and the state.
So, the prosecutor's office is called upon to be an important instrument in the system of checks and balances in other branches of government. In addition, it should promote consistency, coordination of actions of the authorities, balance them, so that none of the branches of government can rise above others or suppress them. The difference in the methods of exercising state power by these or those state bodies should not violate the unity of power. The prosecutor's office with its tasks, functions and powers in the exercise of supervision is precisely called upon to ensure this unity.
The prosecutor's office is a participant in both constitutional and sectoral (civil, civil procedural, criminal, criminal procedural, administrative, labor, etc.) legal relations. Constitutional relations aimed at ensuring the protection of the individual, society and the state, the rule of law, observance of the Constitution, the implementation of laws in force on the territory of the Russian Federation, unity and strengthening of the rule of law, develop between state bodies (in this case, the prosecutor's office), on the one hand, and around subjects determined by the Law on the Prosecutor's Office, as well as citizens - on the other. These constitutional relations actually contain the question of power as a result of the correlation of social (material) forces.
The prosecutor's office is primarily responsible for ensuring the implementation of the norms of law contained in the Constitution, laws and other normative acts by participants in public relations (state bodies, officials, heads of commercial and non-commercial organizations), i.e. ensuring the principle of legality.
Prosecutor's supervision arises not because the prosecutor's office is established, but because with the emergence of legality in the state, there are organically linked objective needs to ensure its unity and the function of supervision aimed at this. As a result, prior to the emergence of the prosecutor's office, V.D. Lomovsky, the corresponding public relations related to the supervision of legality as a subject of legal regulation, contributing to the introduction of a unified legality in the state. Material prosecutorial and supervisory legal relations arise regardless of which state bodies establish offenses, bring them into line with the law (other normative act) illegal actions(inaction). First of all, the prosecutor's office is obliged to ensure the unity of legality, to take measures to restore violated rights, to eliminate violations of the law * (1198).
And if the powers to ensure the rights and freedoms of citizens, democracy, the rule of law are endowed higher bodies state power, judicial, law enforcement and other bodies, the exercise of supervision over the observance of the Constitution and the implementation of laws in order to ensure their supremacy, unity and strengthening the rule of law is a unique phenomenon; this duty is assigned by the state to only one body - the prosecutor's office of the Russian Federation. The cancellation of these supervisory powers of the prosecutor's office is possible only with the transfer of them to some other authority, for example, the ombudsman (ombudsman), the Ministry of Justice, etc.
It is necessary to point out the specific difference between prosecutorial activities, which consists in prosecutorial supervision over the execution of laws and criminal prosecution. Speaking about the latter, it should be noted that according to current law on the prosecutor's office (part 2 of article 1), the prosecutor's office carries out criminal prosecution in accordance with the powers established by the criminal procedural legislation RF. Criminal prosecution is a state-power function that falls within the competence of the prosecutor's office in accordance with the current legislation (the Law on the Prosecutor's Office, the CPC), therefore it is attributed to the specific distinction of prosecutorial activity as a form of its implementation. The prosecutor's office also carries out other functions provided for by law, which will be discussed below.
The constitutional principle of unity and centralization of the prosecutor's office is enshrined in Part 1 of Art. 129 of the Constitution and reproduced in the Law on the Prosecutor's Office. It confirms that the prosecutor's office is a single federal centralized system of bodies and institutions and acts on the basis of subordination of subordinate prosecutors to higher ones and the Prosecutor General (paragraph 1 of article 4). The essence of this principle follows from the tasks and goals enshrined in the Law - supervision over the observance of the Constitution and the implementation of laws in force on the territory of the Russian Federation. This sign of prosecutorial activity is noted in the Law on the Prosecutor's Office (Articles 11, 13-19). It also determines the procedure for appointing prosecutors to office, their subordination and grounds for dismissal, as well as powers to manage the system of prosecutors, etc.
The principle of unity and centralization means:
Unity of goals and objectives of the prosecutor's office;
A unified system of all territorial and specialized prosecutor's offices, in which subordinate prosecutors operating in the territory of the Russian Federation are subordinate to the higher-standing prosecutor and the Prosecutor General;
The independence of the prosecution authorities in the exercise of their powers from the state authorities;
Uniform requirements for employees of the prosecutor's office (the presence of a higher legal education, reaching a certain age, good health, etc.);
A unified mechanism of prosecutorial response to violation of laws.
The system of the prosecutor's office of the Russian Federation consists of the General Prosecutor's Office of the Russian Federation, prosecutors
constituent entities of the Russian Federation, military and other specialized prosecutor's offices equated to them, scientific and educational institutions that are legal entities, as well as prosecutor's offices of cities and regions, other territorial, military and other specialized prosecutor's offices. The creation and operation of prosecutorial bodies on the territory of the Russian Federation that are not part of the unified system of the prosecutor's office of the Russian Federation is not allowed (clauses 1, 3, article 11 of the Law on the Prosecutor's Office).
Amendments made by Federal Law of 05.06.2007 N 87-FZ to the Law on the Prosecutor's Office, cited in Art. 11 is supplemented with an indication that the system of the RF Prosecutor's Office includes the Investigative Committee under the RF Prosecutor's Office, the regulations on which are approved by the President of the RF. Thus, the indicated additions to the functions of supervision and investigation in unified system prosecutors are divided. The head of the investigative body of the prosecutor's office is empowered to guide the procedural investigation, his instructions on the criminal case are given in writing and are binding on the investigator (part 3 of article 39 of the Criminal Procedure Code). Other powers have also been granted. Employees of the Investigative Committee under the Prosecutor's Office of the Russian Federation are appointed and dismissed in accordance with the procedure established by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation (clause 6 of Article 20.1 of the Law on the Prosecutor's Office).
The prosecutor remains an official authorized, within the competence provided for by the CPC, to carry out criminal prosecution on behalf of the state in the course of criminal proceedings, as well as to supervise the procedural activities of the bodies of inquiry and preliminary investigation (part 1 of article 37 of the CPC). However, the aforementioned additions changed the procedure for fulfilling the requirements of the prosecutor. If the head of the investigative body or the investigator disagrees with the requirements of the prosecutor to eliminate violations of federal law committed during the preliminary investigation, the prosecutor has the right to apply to the head of a higher investigative body with a demand to eliminate these violations. In case of disagreement of the head of a higher investigative body with the specified requirements the prosecutor has the right to appeal to the Chairman of the Investigative Committee or the head of an investigative body of a federal executive body (under a federal executive body). If the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation or the head of the investigative body of the federal executive body (under the federal executive body) disagrees with the requirements of the prosecutor to eliminate violations of federal law committed during the preliminary investigation, the prosecutor has the right to appeal to the Prosecutor General, whose decision is final (part 6 of article 37 of the Criminal Procedure Code).
Thus, being a human rights body of the state and acting on its behalf, the prosecutor's office is called upon to oversee the observance of the Constitution and the implementation of laws in order to ensure their supremacy, unity and strengthen the rule of law, protect the rights and freedoms of man and citizen, as well as the interests of society and the state protected by law. ... That's why prosecutor supervision applies to all areas of life regulated by law. Criminal prosecution is only one of the means of fulfilling human rights protection and is applied in cases where the norms of the Criminal Code are violated. As practice shows, a much larger number of offenses are allowed in the property, social, labor, economic and other spheres, for the elimination of which the prosecutors have the appropriate powers. In particular, by the Federal Law of 05.04.2009 N 43-FZ, the prosecutor is endowed with additional powers to apply to the court with a statement in defense of rights, freedoms and legitimate interests citizens, an indefinite circle of persons and interests of the Russian Federation, constituent entities of the Russian Federation, municipalities... This is what determines the multifunctionality of the prosecutor's office. This determines the multifunctionality of the prosecutor's office * (1199). All this makes it possible to define prosecutorial activity as a type state activities, carried out in the form of prosecutorial supervision over the observance of the Constitution and the implementation of laws in force in the territory of the Russian Federation, as well as criminal prosecution.
As already noted, to date, the place of the prosecutor's office in constitutional system the separation of powers is conceptually undefined. Article 129 is placed in chap. 7 " Judicial branch"The Constitution, although the prosecutor's office is not such. According to the Law on the Prosecutor's Office, prosecutors and investigators are representatives of state power (Article 45), while, according to the Constitution, the Prosecutor's Office is not classified as a type of state power (Article 10). Such uncertainty is not allows you to develop a coherent concept for the development of the prosecutor's office, to reveal its relationship with other branches of government, taking into account the level of social development in Russia, its culture and traditions, an appropriate system of "checks and balances" with a single ultimate goal - the creation of an effective system for protecting the rights and freedoms of the individual, the interests of society and the state.
A number of authors, not recognizing the prosecutor's office as an organ of power, define it as a body "to check and counterbalance other branches of government" * (1200), other scientists characterize the prosecutor's office as a government body with a special status * (1201), there is also a scientific hypothesis about consolidation in the Constitution prosecutor's office as the fourth branch of power * (1202).
Obviously, the question about legal status prosecution authorities, its place in the system government agencies should have received a clearer and more complete regulation in the Constitution and the Law on the Prosecutor's Office * (1203).
2. In accordance with Part 2 of Art. 129 of the Constitution and paragraph 1 of Art. 12 of the Law on the Prosecutor's Office, the Prosecutor General of the Russian Federation is appointed and dismissed by the Federation Council on the proposal of the President of the Russian Federation. The specified authority of the Federation Council is enshrined in clause "z" of Art. 102 of the Constitution.
According to the Rules of the Federation Council, a candidate is considered within 30 days, while it is preliminary discussed in the Federation Council Committee on Legal and judicial matters and in the Defense and Security Committee. Based on the results of the discussion, a conclusion is prepared on the submitted candidacy. Consideration of an issue at a sitting of the Federation Council begins with the presentation of a candidate proposed by the President for the post of Prosecutor General and a speech by the President or the President's representative in the Federation Council. Then the Chairperson of the Committee on Judicial and Legal Issues reports on the results of the preliminary discussion of the candidacy, after which the candidate for the position of Prosecutor General speaks.
A candidate is considered appointed to the post of Prosecutor General if a majority of the total number of members of the Federation Council secretly voted for him. The appointment to the position of the Prosecutor General is formalized by a resolution of the Federation Council. The Chairman of the Federation Council, in the manner established by the Federation Council, shall swear in the person appointed to the post of Prosecutor General.
If the candidate for the position of Prosecutor General proposed by the President does not receive the required number of votes of the members of the Federation Council, then the President shall submit a new candidate to the Federation Council within 30 days (clause 2, article 12 of the Law on the Prosecutor's Office).
In accordance with paragraph 1 of Art. 42 of the Law on the Prosecutor's Office, in the event of a criminal case against a prosecutor, he is removed from office for the period of the investigation of the criminal case. However, neither the Constitution nor the Law on the Prosecutor's Office of the Russian Federation defined the procedure for the removal of the Prosecutor General from office under the aforementioned circumstances.
In the Resolution of 12/01/1999 N 17-P * (1204) on the dispute over competence between the Federation Council and the President regarding the ownership of the authority to issue an act on the temporary removal of the Prosecutor General from office in connection with the initiation of a criminal case against him, the Constitutional Court indicated, that the removal of the Attorney General from office pending the investigation is obligatory consequence initiation of a criminal case against him. However, in any case, an appropriate act must be issued to remove the Prosecutor General from office. The need to adopt such an act, which has a security-executive nature, follows from the requirements of the Constitution and the law and excludes the manifestation of any discretionary powers.
At the same time, in accordance with the Constitution, the competence of the Federation Council does not include the authority to issue an act on the removal of the Prosecutor General from office during the investigation of a criminal case initiated against him. Since it follows from the Constitution and the Law on the Prosecutor's Office that it is obligatory to remove the Prosecutor General from office during the investigation of the criminal case initiated against him, the President, on the basis of and in pursuance of these instructions, not only has the right, but is also obliged - in the absence of other regulation - to issue an act on temporary suspension The Attorney General from office. Proceeding from the necessity of interaction between the President and the Federation Council in connection with the appointment and dismissal of the Prosecutor General, the Federation Council should be immediately informed of such a decision. If the relevant grounds no longer exist, the act, which formalized the decision on the temporary removal of the Prosecutor General from office, becomes invalid.
Before the expiration of his term of office, the Prosecutor General may be dismissed from office by the Federation Council at the proposal of the President, in which he presents his arguments. According to the Rules of the Federation Council, this proposal of the President is preliminarily discussed in the committees of the Federation Council on legal and judicial issues and on defense and security, which prepare appropriate conclusions. Consideration of the issue of dismissing the Prosecutor General at a sitting of the Federation Council begins with a speech by the President or, on his instructions, by the President's plenipotentiary representative in the Federation Council. Then the floor is given to the chairmen, first deputy chairmen or deputy chairmen of the committees of the Federation Council on legal and judicial issues and on defense and security to announce the conclusions of the committees. When considering the issue of dismissing the Prosecutor General of the Russian Federation, the Prosecutor General may be present at a sitting of the Federation Council, who is given the floor at his request.
If the President's proposal to dismiss the Prosecutor General from office does not receive a majority of votes from the total number of members of the Federation Council during the voting, it shall be rejected. The Prosecutor General is considered dismissed from office if, as a result of secret ballot, a majority of the total number of members of the Federation Council voted for his release from office. This decision is formalized by a resolution of the Federation Council.
If the Federation Council rejects the candidacy presented by the President for appointment to the post of Prosecutor General, or the proposal of the President of the Russian Federation to dismiss the Prosecutor General, the Federation Council may decide to invite the President to hold consultations in order to resolve the disagreements that have arisen, which is formalized by a resolution of the Federation Council. The said resolution shall be sent by the Chairman of the Federation Council to the President within three days. To conduct consultations, the Federation Council forms a group of members of the Federation Council or instructs the Speaker of the Federation Council to conduct consultations.
The term of office of the Prosecutor General is five years.
In the absence of the Prosecutor General or if it is impossible for him to fulfill his duties, his duties are performed by the first deputy, and in the absence of the Prosecutor General and his first deputy or if they are unable to fulfill their duties, one of the deputies of the Prosecutor General in accordance with the established distribution of duties between the deputies (p. 4 article 12 of the Law on the Prosecutor's Office).
In accordance with paragraph 2 of Art. 14 of the Law on the Prosecutor's Office, the jurisdiction of the Federation Council includes the appointment and dismissal of the first deputy and deputies of the Prosecutor General. Candidates for appointment to these positions are presented by the Prosecutor General, with the exception of the candidacy of the First Deputy Prosecutor General - Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation, who is appointed and dismissed by the Federation Council on the proposal of the President (clause 3 of Article 20.1 of the Law).
Consideration by the Federation Council of issues on the appointment and dismissal of the first deputy, deputies of the Prosecutor General of the Russian Federation is carried out in the manner established for the consideration of issues on the appointment and dismissal of the Prosecutor General.
3. Prosecutors of the constituent entities of the Russian Federation are appointed to office by the Prosecutor General in agreement with the state authorities of the constituent entities of the Russian Federation. The specified order is based on the provision of clause "l" of Part 1 of Art. 72 of the Constitution, according to which the personnel of law enforcement agencies, including the prosecutor's office, are under the joint jurisdiction of the Russian Federation and its subjects, which corresponds, on the one hand, to the principle of centralization of the prosecutor's office, and on the other, to the principle of federalism.
The Constitutional Court, in connection with a dispute on competence that arose between the Moscow Regional Duma and the General Prosecutor's Office of the Russian Federation, indicated in its Decision of 30.04.1996 N 16-O that Part 3 of Art. 129 of the Constitution, while securing the obligation to agree with the constituent entities of the Russian Federation on the appointment of prosecutors of the constituent entities of the Russian Federation, at the same time, it does not determine the competence of which authority of the constituent entity of the Federation - legislative or executive - such approval applies. In this regard, this issue should be resolved in the relevant federal law or in the law of a constituent entity of the Russian Federation, if the latter is granted such a right by federal law. The law on the prosecutor's office in paragraph 1 of Art. 13 established that the constituent entities of the Federation independently determine with which of their bodies of state power the approval of the candidacy for the post of prosecutor of the constituent entity of the Russian Federation should be carried out. The dismissal of the prosecutor of a constituent entity of the Russian Federation, regardless of its basis, is carried out by the Prosecutor General without any approvals, on the grounds and in accordance with the procedure provided by law about the prosecutor's office.
Prosecutors of the constituent entities of the Russian Federation and other prosecutors are accountable and subordinate to the General Prosecutor of the Russian Federation.
4. According to part 4 of the commented article, other prosecutors are appointed by the Prosecutor General. In this order, without agreement with anyone, military and other specialized prosecutors, as well as prosecutors of cities and regions, equal to the prosecutors of the constituent entities of the Russian Federation, are appointed and dismissed from office.
The administrative-territorial principle of building the prosecutor's office is not universal, since it does not cover a number of specific areas of state activity by supervisory activities. In such circumstances, the established and functioning specialized prosecution bodies are an integral part of the prosecution system. Currently, there are two types of specialized prosecutor's offices:
1) military and transport, which carry out the functions assigned to the prosecutor's office in full in the relevant areas of legal relations;
2) environmental protection and supervision over the implementation of laws in correctional facilities that act, performing the tasks and functions of the prosecutor's office along with the territorial ones. Wherein general principles the organization and activities of the prosecutor's office are fully extended to them.
Prosecutors of cities and regions, prosecutors of specialized prosecutors' offices are appointed to office for a period of five years and dismissed by the Prosecutor General. They are subordinate and accountable to higher prosecutors and the Prosecutor General * (1205).
5. The current Constitution does not fix the tasks and does not define the functions of the prosecutor's office, indicating that the powers, organization and procedure for the activities of the prosecutor's office of the Russian Federation are determined by federal law.
In accordance with Art. 1 of the Law on the Prosecutor's Office, the Prosecutor's Office of the Russian Federation is a single federal centralized system of bodies exercising, on behalf of the Russian Federation, supervision over the observance of the Constitution and the implementation of laws in force on the territory of the Russian Federation. The Prosecutor's Office of the Russian Federation also performs other functions established by federal laws. In order to ensure the rule of law, unity and strengthen the rule of law, protect the rights and freedoms of man and citizen, as well as the interests of society and the state protected by law, the Prosecutor's Office of the Russian Federation carries out:
Supervision over the implementation of laws by federal ministries, state committees, services and other federal executive bodies, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military administration bodies, control bodies, their officials, management bodies and heads of commercial and non-profit organizations, as well as for compliance with the laws of the legal acts issued by them;
Supervision over the observance of human and civil rights and freedoms by federal ministries, state committees, services and other federal executive bodies, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military administration bodies, control bodies, their officials, as well as governing bodies and heads of commercial and non-commercial organizations;
Supervision over the execution of laws by bodies carrying out operational-search activities, inquiry and preliminary investigation;
Supervision over the implementation of laws bailiffs;
Supervision over the execution of laws by administrations of bodies and institutions executing punishment and measures of a coercive nature imposed by the court, administrations of places of detention of detainees and persons in custody;
Criminal prosecution in accordance with the powers established by the criminal procedure legislation of the Russian Federation;
Coordination of the activities of law enforcement agencies in the fight against crime. Decree of the President of the Russian Federation of April 18, 1996 N 567 approved the Regulation on the coordination of the activities of law enforcement agencies in the fight against crime, which defines the foundations, directions and forms of coordination of the activities of law enforcement agencies, as well as their powers, and above all the prosecutor - chairman of the coordination meeting.
Prosecutors, in accordance with the procedural legislation of the Russian Federation, participate in the consideration of cases by courts, arbitration courts. The Prosecutor's Office of the Russian Federation takes part in law-making activities.
Along with the above powers in accordance with paragraphs 5 and 6 of Art. 35 of the Law on the Prosecutor's Office The Prosecutor General takes part in meetings of the Supreme Court of the Russian Federation, the Supreme Of the Arbitration Court RF, has the right to apply to the Constitutional Court of the RF on the issue of violation constitutional rights and the freedoms of citizens by the law applied or to be applied in a particular case.
Along with this, the Constitutional Court in its Decree of July 18, 2003 N 13-P * (1206) noted that in accordance with the legislatively enshrined goal of the activities of the RF Prosecutor's Office - to ensure the rule of law throughout the Russian Federation (Clause 2, Article 1 of the Law on the Prosecutor's Office ) the federal legislator, based on federal structure RF and the need for state protection of human and civil rights and freedoms, as well as the interests of society and the state protected by law (Part 2 of Art. 4, Part 3 of Art. 5, Part 1 and 2 of Art. 15, Art. 18, Part 3 of Art. 1 article 45, part 1 and 2 article 46, paragraph "c", "about" article 71 and paragraph "a" part 1 of article 72 of the Constitution), endowed the prosecutor's office with the authority to supervise the observance of the Constitution and the implementation of federal laws, in particular, by the legislative (representative) and executive bodies of the constituent entities of the Russian Federation, as well as the compliance with the Constitution, federal constitutional laws and federal laws of legal acts issued by these bodies, including constitutions (statutes).
Within the meaning of these provisions of the Law on the Prosecutor's Office, defining the powers of the Prosecutor General and prosecutors subordinate to him to supervise the compliance of constitutions (charters) and laws of the constituent entities of the Russian Federation with the Constitution, it is assumed that they have the right to appeal and to the court, resolving cases through constitutional proceedings. Meanwhile, the Law on the Prosecutor's Office provides for the right to apply directly to the Constitutional Court of the Russian Federation for the Prosecutor General only in connection with the violation of constitutional rights and freedoms of citizens by the law applied or to be applied in a particular case (paragraph 6 of article 35). Consequently, the powers of the prosecutor's office enshrined in federal laws to apply to the court with applications for checking the regulatory legal acts of the constituent entities of the Russian Federation, carried out in order to ensure the implementation of the Constitution, the compliance with it of the constitutions (statutes), laws and other legal acts of the constituent entities of the Russian Federation, on the one hand, and exclusive powers Of the Constitutional Court in the field of judicial constitutional control - on the other hand, they predetermine for the Prosecutor General the opportunity to apply to the Constitutional Court on the issue of the compliance of the Constitution with the constitutions and charters of the constituent entities of the Russian Federation, including without regard to their application in a particular case.
The specific difference in the concept of prosecutorial supervision is the mechanism for detecting offenses and prosecutorial responses aimed at eliminating them. The prosecutor is given variety legal means implementation of powers in connection with its broad competence to exercise supervision and specific areas of prosecutorial and supervisory activities, the dependence of the amount of power on the degree social danger offenses. The mechanism for exercising prosecutorial supervision begins to operate in the event of an offense or detection of signs of an impending offense. Therefore, the law, on the one hand, gave the prosecutor the authority to identify them (since the prosecutor's office is, in fact, a search body), and on the other hand, obliged him to take measures aimed at establishing offenses and preventing or eliminating them.
When taking measures to eliminate violations of the law, the prosecutor's office applies state coercion and persuasion. The criterion for the implementation of prosecutorial activities in the form of coercion is the presence of an imperious command, an unconditional requirement subject to unconditional and unconditional execution, which does not depend on the will of the subject of prosecutorial and supervisory activities. These powers, in particular, relate to the bodies of inquiry, the administration of bodies and institutions executing punishment and measures of a coercive nature imposed by the court, the administration of places of detention of detainees and persons in custody. For example, when exercising supervision over the implementation of laws, the prosecutor has the right to cancel disciplinary sanctions imposed in violation of the law on persons taken into custody, convicted persons, to immediately release them by his decision from a punishment cell, a cell-type room, a punishment cell, a solitary confinement cell, a disciplinary cell. Other acts of the prosecutor's response (for example, a protest, presentation) do not have incontrovertibility, therefore they refer to the powers associated with the implementation of prosecutorial activities in the form of persuasion.
Thus, prosecutor's supervision is a form of prosecutorial activity, carried out in order to guarantee the rule of law, unity and strengthening the rule of law, protection of human and civil rights and freedoms, as well as the interests of society and the state protected by law, in which the interaction of the prosecutor with other participants in the prosecutor's office develops. supervisory legal relations, including a mechanism for detecting offenses and prosecutorial responses aimed at preventing or eliminating them, using state coercion and persuasion.
Another independent form of prosecutorial activities is criminal prosecution. V general view criminal prosecution is the activity of authorized state bodies aimed at solving the problems of criminal proceedings in relation to specific persons who have committed a crime. According to the Law on the Prosecutor's Office, the Prosecutor's Office carries out criminal prosecution in accordance with the powers established by the criminal procedure legislation of the Russian Federation. The essence of criminal prosecution was formulated in the Russian legal literature of the pre-revolutionary period. It was defined as initiation of accusation of committing a crime and defense of the accusation in court * (1207).
According to paragraph 55 of Art. 5 of the CPC, criminal prosecution is understood as the procedural activity carried out by the prosecution in order to expose a suspect accused of committing a crime. However, such a definition is incomplete, since the prosecution carries out the same activity in relation to the defendant. In addition, the definition should reflect the moment of the end of the criminal prosecution, since it is during the performance of this function that the fundamental, inalienable rights and freedoms of a person and a citizen are most significantly limited. Therefore, taking into account the subject of the study, the prosecution by the prosecutor's office should be defined as state-power activity with the aim of exposing, on the basis of the collected evidence, the crime of the suspect, the accused and the defendant, which precedes the decision of the sentence or the termination of the criminal case.
Criminal prosecution is also carried out by executive authorities (internal affairs bodies, bodies of the FSB of Russia, bodies for control over the circulation of narcotic drugs and psychotropic substances, etc.). It should be emphasized that criminal prosecution is a protective activity of the state power, which is carried out through the bodies of inquiry, investigative and prosecutorial bodies. Their activities are defined in the narrow sphere of public life, they exercise their powers in accordance with the norms established by criminal procedure legislation.
Other forms of prosecutorial activity, namely the coordination of the activities of law enforcement agencies in the fight against crime, participation in law-making activities, etc., do not belong to the state-power powers of the prosecutor's office. The prosecutor's office is also not endowed with authority over the court, which makes decisions independently of anyone else and obeys only the law. Carrying out their activities, prosecutors are not entitled to substitute for other bodies.
Text of Art. 129 of the Constitution of the Russian Federation in current edition for 2020:
1. The powers, organization and procedure for the activities of the Prosecutor's Office of the Russian Federation shall be determined by federal law.
2. The Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation shall be appointed and dismissed by the Federation Council on the proposal of the President of the Russian Federation.
3. Prosecutors of the constituent entities of the Russian Federation shall be appointed to office by the President of the Russian Federation on the proposal of the Prosecutor General of the Russian Federation, agreed with the constituent entities of the Russian Federation. Prosecutors of the constituent entities of the Russian Federation shall be dismissed from office by the President of the Russian Federation.
4. Other prosecutors, except for prosecutors of cities, districts and prosecutors equated to them, shall be appointed and dismissed by the President of the Russian Federation.
5. Prosecutors of cities, districts and prosecutors equated to them are appointed and dismissed by the Prosecutor General of the Russian Federation * (30).
Commentary on Art. 129 of the Constitution of the Russian Federation
1. The Constitution of Russia is the fundamental normative source of legal regulation, which enshrines in the commented article the foundations of the organization and activities of the prosecution bodies of the Russian Federation, including the system of building the prosecution authorities, hierarchy, and the procedure for appointing prosecutors.
According to paragraph "o" of Art. 71 of the Constitution of the Russian Federation, legal regulation the organization and activities of the RF Prosecutor's Office is under the jurisdiction of the Russian Federation. An analysis of this constitutional provision allows us to formulate the following conclusion: despite the fact that in a number of cases regional legislation regulates some issues of the activities of the prosecutor's office, consider it an element of the designated regulatory sources not entirely justified, since regional regulations are accepted only in the development of the norms of federal legislation and are aimed at clarifying and concretizing it.
The legal basis for organizing the activities of the Prosecutor's Office of the Russian Federation, in addition to the Basic Law, are:
Federal constitutional law of May 30, 2001 N 3-FKZ "On the state of emergency" * (695);
Federal Law of March 6, 2006 N 35-FZ "On Countering Terrorism" (entered into force on March 10, 2006, with the exception of Articles 18, 19, 21 and 23, which entered into force on January 1, 2007) * ( 696).
The prosecutor's office is one of the most important bodies of state power (constitutionally enshrined), but, according to the commented article, it is not included in any of those listed in Art. 10 of the Constitution of the Russian Federation of branches of government.
The legal status of the Prosecutor's Office of the Russian Federation in the Constitution of the Russian Federation has not yet been determined. The system of prosecution bodies is enshrined in the Federal Law "On the Prosecutor's Office of the Russian Federation" and is an extensive network of territorial, military and other specialized prosecutor's offices, scientific and educational institutions, other organizations that are legal entities, organizationally interconnected and interdependent by the unity of the tasks to be solved to ensure the rule of law and order.
The system of prosecution bodies is being built in accordance with the state-federal and administrative-territorial structure of Russia. In addition, when organizing military and other specialized prosecutor's offices, priority areas of supervision or the specifics of organizing the object of supervision are taken into account.
The system of the bodies of the prosecutor's office of the Russian Federation consists of:
General Prosecutor's Office of the Russian Federation;
prosecutor's offices of the constituent entities of the Federation and military and other specialized prosecutor's offices equated to them;
prosecutor's offices of cities and districts and equivalent military and specialized prosecutor's offices;
scientific and educational institutions.
The system of the bodies of the Prosecutor's Office of the Russian Federation, headed by the General Prosecutor of the Russian Federation, consists of three links (levels).
The highest echelon is the General Prosecutor's Office of the Russian Federation, headed by the General Prosecutor of the Russian Federation.
The prosecutor's offices of the second level include the prosecutor's offices of the republics within the Russian Federation, the prosecutor's offices of the territories, regions, cities of Moscow and St. Petersburg, autonomous regions and the Jewish Autonomous Region, as well as specialized prosecutors: the Volga Interregional Environmental Prosecutor's Office, the Prosecutor's Office of the closed city of Mizhgirya and the Baikonur complex, the Prosecutor's Office of the military districts, fleets, Strategic Missile Forces, the Federal Border Service of the FSB of Russia, the Moscow City Military Prosecutor's Office.
The prosecutor's offices of the third (lower) level of the prosecutor's office include prosecutor's offices of districts and cities (in cities without regional divisions), as well as military prosecutor's offices of garrisons and prosecutor's offices equated to them.
The issues of improving the structure of the prosecutor's office and increasing the efficiency of ensuring prosecutorial supervision are regulated, in particular, by the following orders of the Prosecutor General of the Russian Federation:
1) dated September 9, 2002 N 54 "On the delimitation of the competence of territorial prosecutors, equivalent to them military and other specialized prosecutor's offices";
2) dated July 26, 2001 N 47 "On the organization of supervision over the implementation of laws in the military-industrial complex";
3) dated April 12, 2001 N 23 "On the organization of supervision over the implementation of laws in transport and in customs authorities";
4) dated March 30, 2001 N 17 "On the powers of prosecutors exercising supervision over the implementation of laws at special security facilities and in closed administrative-territorial entities";
5) dated October 21, 1996 N 57 "On organizational framework activities of prosecutors' offices in cities with regional divisions ";
6) dated December 3, 2002 N 70 "On the procedure for submitting special reports on emergencies and crimes, as well as other mandatory information in the prosecutor's office of the Russian Federation";
7) dated January 3, 1996 N 1 "On the Education of the Scientific Advisory Council under the General Prosecutor's Office of the Russian Federation";
8) dated September 2, 2002 "On the departments of the Prosecutor General's Office of the Russian Federation in the federal districts."
Territorial prosecutor's offices include: the General Prosecutor's Office, the Prosecutor's Office of the Territory, Region, Moscow and St. Petersburg, the Prosecutor's Office of the Autonomous Region, the Prosecutor's Office of Autonomous Districts, cities and districts, and other territorial (inter-district) Prosecutor's Offices.
Specialized prosecution bodies are an integral element of the prosecutor's system, created in cases where there is an objective need to ensure the rule of law in specific areas of activity that are of particular importance for the life support of society and the state. This is explained by the fact that the administrative-territorial principle of building the bodies of the prosecutor's office is not always optimal in those cases when the work of the prosecutor's office concerns a number of specific spheres of the state's activity * (697).
The authorities of the military prosecutor's office exercise their powers in the Armed Forces of the Russian Federation, other troops, military formations and bodies created in accordance with federal laws and other regulatory legal acts (clause 4 of article 46 of the Federal Law "On the Prosecutor's Office of the Russian Federation").
By order of the Prosecutor General of the Russian Federation of September 9, 2002 N 54 "On the delimitation of the competence of territorial prosecutors, military and other specialized prosecutors equated to them", military prosecutors are entrusted with:
1) supervision over the implementation of the Constitution of the Russian Federation, laws, compliance with the laws of issued legal acts, observance of the rights of military personnel and members of their families and other citizens by heads and officials of command and control bodies, military units, institutions, organizations, enterprises and other paramilitary units of the Armed Forces RF, internal troops of the RF Ministry of Internal Affairs, RF Federal Security Service, RF Federal Security Service, RF FSB Federal Border Service, RF Foreign Intelligence Service and a number of other departments;
2) supervision over the implementation of laws during the preliminary investigation, inquiry and the implementation of operational-search activities in criminal cases and materials about crimes committed by military personnel, as well as citizens undergoing military training, civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies created in accordance with federal laws and other regulatory legal acts in connection with the performance of their official duties or committed at the location of a military unit, formation, institution;
3) supervision over the implementation by officials of the bodies and troops of the Federal Border Service of the Russian Federation of laws, as well as the observance of the rights and guarantees of citizens in temporary detention facilities and premises specially equipped for the detention of persons subjected to administrative detention on the basis of the Law of the Russian Federation "On the State Border of the Russian Federation" , as well as the legality in proceedings on cases of administrative offenses against citizens ( legal entities) who violated the border regime in border zone, at checkpoints across the State border of the Russian Federation, as well as the rules for the extraction, use, transfer, protection of marine (water) biological resources, and other administrative offenses standards and norms of environmental legislation, attributed by law to the competence of the Federal Border Service of Russia;
4) criminal prosecution in criminal cases of crimes committed by military personnel, as well as by citizens undergoing military training, persons of civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies created in accordance with federal laws and other regulatory legal acts, in connection with the performance of their official duties or committed at the location of a military unit, formation, institution.
2. The system of bodies of the prosecutor's office is headed by the Prosecutor General of the Russian Federation, who heads the General Prosecutor's Office of the Russian Federation and is appointed by the Federation Council on the proposal of the President of the Russian Federation (part 1 of article 12 of the Federal Law "On the Prosecutor's Office of the Russian Federation"). The same procedure is followed by the dismissal of the Prosecutor General from office in accordance with paragraph "h" of Part 1 of Art. 102 of the Constitution of the Russian Federation * (698).
If the candidate for the position of Prosecutor General of the Russian Federation proposed by the President of the Russian Federation does not receive the required number of votes of the members of the Federation Council, the President of the Russian Federation shall submit a new candidate to the Federation Council within 30 days. The Chairman of the Federation Council of the Federal Assembly of the Russian Federation, in the manner established by the Federation Council, swears in the person appointed to the post of the Prosecutor General of the Russian Federation.
In the absence of the Prosecutor General of the Russian Federation or if it is impossible for him to fulfill his duties, his duties are performed by the first deputy, and in the absence of the Prosecutor General of the Russian Federation and his first deputy, or if they are unable to perform their duties, one of the deputies of the Prosecutor General of the Russian Federation in accordance with the established distribution of duties between deputies.
The term of office of the Prosecutor General of the Russian Federation is five years. The announcement of the appointment of the Prosecutor General of the Russian Federation to the post and of his release from office is published in the press.
The Prosecutor General of the Russian Federation annually personally submits to the chambers of the Federal Assembly of the Russian Federation and the President of the Russian Federation a report on the state of law and order in the Russian Federation and on the work done to strengthen them.
In the General Prosecutor's Office of the Russian Federation, a collegium is formed consisting of the General Prosecutor of the Russian Federation (chairman of the collegium), his first deputy and deputies (by position) and other prosecutors appointed by the General Prosecutor of the Russian Federation. The Collegium of the General Prosecutor's Office is an advisory body necessary for working out decisions on the most pressing issues of the organization and activities of the prosecutor's office. The meetings of the collegium are held in a planned manner or at the direction of the Prosecutor General of the Russian Federation, but at least once every two months.
The structure of the General Prosecutor's Office of the Russian Federation, as well as other prosecutors' offices, is not static, it changes in accordance with changes in the tasks facing the prosecutor's office, functions and priorities in its activities.
Decree of the President of the Russian Federation of May 13, 2000 N 849 "On the Plenipotentiary of the President of the Russian Federation in federal district»* (699) seven federal districts were created on the territory of Russia. In connection with this order of the Prosecutor General of the Russian Federation of June 5, 2000 N 98 "On the formation of departments of the General Prosecutor's Office of the Russian Federation in federal districts" within the General Prosecutor's Office of the Russian Federation, departments were formed in the Central, North-West, Volga, Ural, Siberian and Far Eastern regions. federal districts. The functions of the Office of the Prosecutor General's Office in the Southern Federal District were entrusted to the Main Directorate for Supervision over the Execution of Laws on federal security and interethnic relations in the North Caucasus.
3. According to Art. 13 of the Federal Law "On the Prosecutor's Office of the Russian Federation" prosecutors of the constituent entities of the Russian Federation are appointed to the post by the Prosecutor General of the Russian Federation in agreement with the state authorities of the constituent entities of the Russian Federation, determined by the constituent entities of the Russian Federation.
Prosecutors of the constituent entities of the Russian Federation are subordinate and accountable to the Prosecutor General of the Russian Federation and only they can be relieved of their duties.
4. Other prosecutors are appointed by the Prosecutor General of the Russian Federation. These include prosecutors of cities and regions, as well as prosecutors of specialized prosecutor's offices. They are subordinate and accountable to higher-ranking prosecutors and the Prosecutor General of the Russian Federation.
Messages on the appointment of prosecutors to office and their dismissal are published in the press.
5. According to Part 1 of Art. 1 of the Federal Law "On the Prosecutor's Office of the Russian Federation", the Prosecutor's Office of the Russian Federation is a single federal centralized system of bodies exercising, on behalf of the Russian Federation, supervision over the observance of the Constitution of the Russian Federation and the implementation of laws in force on the territory of Russia.
In 1995 was adopted new edition Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation", where prosecutorial supervision remained as one of the most important areas of the prosecutor's office. In particular, this Law contains a special chapter. 2 "Supervision over the observance of human and civil rights and freedoms." As a special function, the prosecutor's office is entrusted with coordinating the activities of law enforcement agencies in the fight against crime (clause 2 of article 1, article 8, clause 2 of article 35).
The Constitution of the Russian Federation does not mention the tasks and powers of the prosecutor's office. This is due to the fact that by the time the Basic Law was adopted, the question of whether it was necessary to leave the functions of overseeing the execution of laws to the prosecutor's office or, following the example of the Anglo-American states, to limit its powers only to maintaining the state prosecution in court. This was also the requirement of the Council of Europe as a condition for Russia to join it * (700).
The Federal Law "On the Prosecutor's Office of the Russian Federation" set the following tasks for the Prosecutor's Office:
ensuring the rule of law;
ensuring unity and strengthening the rule of law;
protection of human and civil rights and freedoms, as well as the interests of society and the state protected by law.
In order to fulfill these tasks, the Prosecutor's Office of the Russian Federation exercises supervision over:
execution of laws by federal ministries, state committees, services and other federal executive bodies, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military administration bodies, control bodies, their officials, management bodies and heads of commercial and non-commercial organizations, as well as for the compliance with the laws of the legal acts issued by them;
observance of human and civil rights and freedoms by federal ministries, state committees, services and other federal executive bodies, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military administration bodies, control bodies, their officials, as well as government bodies and leaders of commercial and non-profit organizations;
the execution of laws by the bodies carrying out operational-search activity, inquiry and preliminary investigation;
enforcement of laws by bailiffs, etc.