Main functions and tasks of the prosecutor's office

которой будут рассмотрены далее, не относится к судебной системе. The prosecutor's office, whose functions and tasks will be examined further, does not apply to the judicial system. Work in its institutions and units is a form of federal civil service. , направленные на надзор за соблюдением законодательства, действующего на территории страны. Procuratorial bodies resolve tasks aimed at overseeing compliance with legislation in force in the country. They are called upon to ensure the protection of freedoms, citizens' rights, the interests of the state and society. Let us further consider the tasks of the prosecution authorities, as well as the principles on which their work is based.

Key areas

закреплены в ФЗ № 2202-1. The concept and tasks of the prosecutor's office are fixed in Federal Law No. 2202-1. In 1 article of the normative act, key areas of work have been identified. сводятся к обеспечению: The goals and tasks of the prosecutor's office are to ensure:

1. Rule of law.
2. Protection of freedoms, human rights and citizenship.
3. Strengthening and unity of law.
4. Protection of state and public interests.

The first and second directions are considered priority. государственных и общественных интересов. At the same time, it is inadmissible to contrast the human rights tasks of the prosecutor's office with the protection of state and public interests. Without securing the latter, one can not guarantee the protection of freedoms and the rights of the population. The objectives of supervision can be divided into final and immediate. The first include taking measures to identify a specific violation of the interests of citizens and their recovery. The final result is the creation of conditions that exclude non-compliance with the law.

Tasks of the Prosecutor's Office of the Russian Federation

They are formulated in constitutional provisions, Federal Law No. 2202-1, instructions and orders, and other normative acts. связаны с обеспечением надзора за единообразным и точным соблюдением законов федеральными службами, министерствами и прочими институтами власти, региональными и территориальными структурами, подразделениями военного управления, контроля, их служащими, администрациями и руководителями организаций. The tasks of prosecutors are connected with ensuring the supervision of uniform and precise compliance with laws by federal services, ministries and other institutions of power, regional and territorial structures, military command and control units, their employees, administrations and heads of organizations. In each branch, the direction of work, specific questions and problems are posed. They are divided into private and general. All of them are related to each other, their realization is interdependent. закреплены Конституцией, законодательством и прочими актами, регламентирующими отдельные элементы надзора и другой работы института. Special and general tasks of the prosecutor's office are enshrined in the Constitution, legislation and other acts regulating certain elements of supervision and other work of the institution. Particular problems are numerous and diverse. They appear in the specific working conditions of the institute.

The main tasks of the Prosecutor's Office

In the framework of supervision over compliance with regulatory requirements, officials primarily verify compliance of published legal documents with the Constitution, the Federal Law, and the Presidential Decrees. входит: The tasks of the Prosecutor's Office include:

1. Protection of interests and rights of organizations and citizens who became victims of crimes, individuals from unreasonable and unlawful charges, restrictions of freedoms, convictions.
2. Ensuring strict compliance with the provisions of the Criminal Procedure Code when detaining suspects.
3. Compliance with the law when applying measures of restraint and prosecution under articles of the Criminal Code.
4. Fulfillment of normative instructions and orders of the Prosecutor General about an objective, comprehensive and full study of the circumstances of the case.

In the framework of the supervision of compliance with the legislation, the administrations of penal institutions and coercive measures appointed by the court conduct inspections:

1. The legality of finding citizens in places of pre-trial detention, detention of detainees, correctional and other institutions.
2. Observance of rights and duties of convicts, detainees, detainees and subjects subjected to coercive measures, established by regulatory enactments, provision of conditions, procedure for their maintenance.

Participation in criminal proceedings

: Within the framework of consideration of cases, the following tasks of the Prosecutor's Office are being implemented:

1. Ensuring compliance with the requirements of the law on an objective, comprehensive, complete, timely investigation in all instances.
2. Qualified maintenance of public prosecution.
3. Assistance to the court in making an informed, lawful, fair decision in each case.
4. Making submissions on sentences to the appellate, supervisory, cassation instance.

Civil proceedings

входит: As part of the consideration of disputes, the tasks of the Prosecutor's Office include:

1. Ensuring the requirements of legislation on full, comprehensive and objective consideration by the court of the circumstances of the case, assistance in making a justified, fair, lawful decision.
2. Timely adoption of measures, stipulated by the norms, to eliminate violations, from whom they proceed.
3. Participation in the proceedings of civil disputes in cases stipulated by law.
4. Appeal to the courts of general jurisdiction with applications for the protection of interests and rights of organizations, the state and citizens. The legislation specifically specifies the relevant cases.
5. Submission of submissions to the appellate supervisory, cassation instance to ensure the validity, legality and fairness of acts issued by the courts of general jurisdiction.

Arbitration processes

при разбирательстве экономических споров входит: The tasks of the prosecutor's office in the process of economic disputes include:

1. Participation in the proceedings at the first instance. The legislation establishes cases when the involvement of officials is mandatory. In the framework of arbitration proceedings, prosecutors ensure the strengthening of law, the prevention of violations in the economic sphere, the protection of public and state interests.
2. Drawing up and presenting to the courts applications, suits for elimination and suppression of illegal actions in the economic sphere.
3. Timely challenge in appellate and cassational instances of the rulings, decisions, decisions on arbitration proceedings instituted on appeals of prosecutors, and cases in which they participated in the first instance.

Enforcement proceedings

The tasks of the prosecutor's office also include overseeing the work of bailiffs. In particular, the officials:

1. Ensure the validity of the implementation of rules of procedural law governing the correctness and timeliness of the execution of court acts in civil, criminal, arbitration proceedings.
2. Verify the legality of regulations.
3. Control the legitimacy of the use of bailiffs weapons and other special means, their compliance with the freedoms and rights of citizens in the implementation of coercive measures, the implementation of measures to maintain public service premises.

Work principles

The Prosecutor's Office of Russia forms a single centralized federal system of institutions and units. Powers are realized on the basis of vertical submission. The prosecutor's office performs tasks independently of federal, regional, territorial authorities and public organizations in strict compliance with regulatory requirements. Officials exercise their powers openly to the extent permitted by legal acts on the protection of freedoms and interests of citizens, on state and other protected secrets.

Restrictions

Investigators and prosecutors have a special status. He imposes corresponding restrictions on them. In particular, the said persons can not be members of public associations, political orientation, and also participate in their work. It is not allowed to form such organizations in prosecutors' offices. In addition, employees can not combine basic work with other paid or paid classes. Exceptions are teaching, scientific, creative activity.

Independence

Legislation prohibits any interference with prosecutor's supervision. Any impact of power structures, public organizations, the media, their officials and representatives to influence decisions or create obstacles in the work of employees implies responsibility. Prosecutors are not obliged to give any explanations on the merits of the cases in their possession, to provide materials to anyone for familiarization, except in cases directly stipulated by law. Officials are not bound by decisions taken by public associations. No one can disclose information on preliminary investigation and inspections without their permission before the end of the investigation. Failure to comply with the prosecutor's requirements arising from his authority, evasion of appearance on call entails responsibility, as defined by law.

Rights

To implement the tasks, prosecutors can participate in meetings of representative and executive authorities at the federal and regional levels, as well as territorial authorities. They may be called upon to consider protests and submissions made by them. The Prosecutor General and employees subordinate to him coordinate activities aimed at combating the crime of the bodies of the Interior Ministry, the FSB, the FCS and other law enforcement agencies. To ensure the implementation of the relevant powers, meetings are organized, working groups are created, statistical and other information is requested, other activities are carried out, according to the Regulation approved by the President.

Additionally

The prosecutor, in the course of the implementation of his tasks, has the need to improve the existing normative acts, he can submit to the bodies with the legislative initiative appropriate, as well as lower-level proposals on supplementing, amending, accepting, abolishing legal documents. This right makes employees an active participant in rulemaking. In the prosecutor's office, consideration and permission of applications, applications, complaints containing information about violation of legislative provisions are carried out. Decisions made by officials do not prevent the individuals from exercising their right to bring suits to court. At the same time, a certain procedure for submitting applications to the prosecutor's office is established. Decisions on a complaint of a determination, sentence, or court order may be challenged. The relevant application is sent exclusively to the higher prosecutor. Legislation requires employees to make a reasoned response to a complaint or other treatment. In case of refusal to satisfy the application, the person who sent it should be explained the rules of appeal of such decision, the procedure according to which it is necessary to demand judicial protection, if it is provided by the norms. The prosecutor, according to the requirements of the law, takes the necessary measures to bring the subjects who committed the violation to justice. Normative acts do not allow the sending of a complaint to the body or to an official whose actions or decisions are being challenged.