Act of the prosecutor's response: types

The work of the prosecutor is one of the types of state activity aimed at protecting law and order. The task of every professional in this field is to ensure the legality and observance of human rights, freedoms and interests throughout the territory of the Russian state. Prosecutor's supervision is completely regulated by federal legislation, therefore it is carried out only within the legal sphere.

What is prosecutor's control and what is the role of response reports?

It is worth noting that control by the state is carried out by many other bodies. Each of them has its own competence, scope of powers, clearly defined by legal and regulatory documents. These bodies also have their own outlined areas of supervision and control, i.e., the scope of activity. Unlike these state structures, supervision has virtually unlimited spheres of influence in all spectra of social relations, if we talk about the limits of a single territorially integrated country.

The act of prosecutorial response is a document that has sufficient legal force, which is actually an "instrument" for the activities of these bodies. Do not allow violations of laws and eliminate the violations that have already taken place - the main tasks that they face in the course of implementing the authority of each employee.

Acts of prosecutorial response are several types of documents:

• protest;
• performance;
• The decision to initiate proceedings on an administrative offense;
• Warning of the inadmissibility of violation of the law.

Detailed consideration of the prosecutor's protest: the purpose of the document

The first kind of documents is a protest. This is one of the acts that is prepared by the public prosecutor himself or his direct deputy, in no way contradicts the current Constitution of the Russian Federation, other laws and does not violate human rights. The prosecutor's protest is a response to an illegal document issued by an official or an authority. Submitted, he can be an offender, in higher instances or in a judicial procedure, provided for by the legislative framework.

As a rule, the protest of the prosecutor carries with it the requirement of an urgent elimination of contradictions and inconsistencies with the "letter of the law" present in the issued normative legal act. In addition, the public prosecutor has the right to demand from the body or person who issued the illegal act to bring the document to the maximum compliance with federal legislation or its final cancellation.

All types of prosecutorial response, applied in the activities of bodies, are public requirements, statements, proofs. Therefore, the task of bringing a protest to the violating body or to the official who issued the act, according to the laws of the Russian Federation, stands directly before the prosecutor and his direct deputy. If it is necessary to file a document with a court or a higher-ranking official in accordance with federal regulations, only the above-mentioned persons can do this.

Briefly on the structure of the prosecutor's hierarchy in making protests

The decision of the state prosecutor of the federal-district level to protest against legal acts of central departments and ministries is impossible. Only the Prosecutor General of the Russian Federation, as well as persons who replace him, have the right to appeal against such acts that do not comply with the laws of the state. Accordingly, the prosecutors are entitled to challenge the legal documents of the executive bodies of the relevant entity that control the structures of the relevant link.

Moreover, the acts of the public prosecutor's supervision over are mandatory for all subordinate prosecutors to perform. In this case, the public prosecutor has the right within his competence to bring protests both to the authorities of his level and to the lower ones. On the contrary, it can not be. Meanwhile, it is allowed to draft a draft by a lower-ranking prosecutor if he finds an unlawful act of officials or an authority under the competence of a prosecutor at a higher level.

What is the representation of the prosecutor?

The next act of prosecutorial response is the presentation of the prosecutor. The purpose of this document is to eliminate legal violations that provoke their factors, as well as the circumstances and conditions that accompany them. A powerful legislative base and a whole list of documents issued by the General Prosecutor's Office of the Russian Federation, in particular, the Order of the RF GP of 1999 "On Strengthening Prosecutor's Supervision over the Observance of Legality in the Solving of Applications, Messages and Other Information on Committed and Prepared Crimes", makes it possible to use this method of combating Violations of the law, as a representation.

All samples of acts of prosecutorial response to violations of state bodies have an approved form. They are brought in the same way as a protest, by a prosecutor or a person replacing him. Bring an introduction to the state agency or a person holding a relevant post or vested with authority to review and eliminate violations. The submission of the prosecutor in any case is considered without delay, in the next 3 days. To make a presentation, the public prosecutor must be ready to study the materials of the previous verification. The only grounds for presenting a prosecutor's submission can be considered established violations facts.

What does the prosecutor's representation include?

In any of the submissions made by the prosecutor, regardless of the federal level, the following information is provided:

1. Identifies the official or body to whom the act of prosecutorial response is sent.
2. Information sources, in which there are data on specific violations of the law.
3. Direct characterization of violations, including consideration and analysis of the causes, conditions and circumstances that contributed to the admission of errors in regulatory legal acts.
4. Prosecutor's demands to eliminate violations and underlying circumstances, factors.
5. Instructions of the prosecutor regarding the procedure and the deadlines for consideration by the body or person-offender of the submission.

Additional content of the prosecutor's submissions

In the text of the submission, the recommendations of the prosecutor regarding the liquidation of the violation may also take place. In any case, they should have a legal orientation, not carry the nature of the action that encroaches on the management process in this or that field of activity, often designated as operational and economic.

Procurator may also propose to eliminate circumstances that provoked a violation of the law. Here, in most cases, we are talking about legal "inconsistencies" in the technical, organizational, managerial and economic fields.
Such acts of the prosecutor's response (the types of such documents are classified as secondary legislative documents) have been drawn up in accordance with the conclusions of the narrowly specialized specialists of the relevant spheres, other materials of inspections, audits,

Features of the inclusion of the prosecutor's control dates

As for the prosecutor's demands aimed at the prompt elimination of the causes of the offenses, they often raise the issue of bringing persons responsible for the incident to material or disciplinary responsibility. Naturally, in the actions of violators there are no signs of administrative misconduct or criminal offense.

If we study some examples of acts of the prosecutor's response, especially the idea, then in most of them it is impossible to find a detailed description and mechanism for legal regulation of the procedure for reviewing the submitted document. However, it is probably not worth talking about the fact that the document is being considered without delay. The time limit for review is also not clearly established. Meanwhile, it is clearly indicated that specific measures to eliminate the violations committed, as well as the factors associated with them, must be taken within the next 30 days.

The month allocated for making any decisions and actions for the body or person-offender is usually perceived by the respondent as a time for consideration. To avoid lengthy paper red tape is possible only in case of inclusion in the presentation of a clear explanation of the dates and dates. Only with deliberate disregard of the requirements of the prosecutor may have a reasonably strong grounds for initiating proceedings on an administrative offense.

Characteristic features and scope of the prosecutor's decree

Acts of prosecutorial response, the types of which deserve detailed consideration, are diverse. The list can be continued by the following necessary document, which is the result of the activities of the prosecution authorities. In this case, it is a decision. The prosecutor has the right to issue a normative legal act of this type during the implementation of supervision in various spheres of economic, health, socio-cultural, transport and other spheres of public relations. The decision of the prosecutor is an important act, indispensable in the case of participation in procedural activities in the production of criminal cases.

After all, the prosecutor, exercising his functions of overseeing the observance of the legislative base of the Russian Federation by state bodies of the highest level, committees, services, executive authorities, local self-government, military command and control bodies, has all the powers to issue a resolution on initiating a criminal case or commencement of an industrial The process of administrative violation.

The decision of the prosecutor in the criminal case, as well as the first results of the examination, are taken by law enforcement agencies, which should be stated in writing.

Prosecutors or officials who replace them are obliged to make a sample decision if it is necessary to release an unlawfully detained person in places of imprisonment of a compulsory nature, as well as in a forensic psychiatric institution in an unlawful unreasonable place.

The prosecutor's decision is mandatory for the administration of the institution, executive judicial bodies working with persons whose sentence is not connected with deprivation or restriction of freedom. It is also worth noting that the prosecutor has enough authority to independently take any procedural decision in the course of criminal proceedings at any of the pre-trial stages. The model of the resolution can combine decisions that require participants to perform certain actions. For example:

• Recognize as civil defendant civil plaintiff;
• To attach important material evidence to the criminal case;
• To apply an objective preventive measure, according to the prosecutor.

What is a prosecutor's warning?

Another means of prosecutorial oversight is a warning aimed at preventing violations of laws. In the presence of data on planned illegal actions, persons who hold positions of responsibility are to be instructed. The sample document has a specific form approved by law. In writing from the prosecutor or his deputy, the warning is most often sent in order to prevent acts of extremist activity.

Only in the presence of objective, reliable and confirmed information about the forthcoming unlawful actions, the prosecutor or his deputies, as well as lower-level prosecutors, send a warning to persons. The document in itself includes:

• Confirmed information about the planned criminal act;
• Specific grounds for the proclamation of this act of prosecutorial response;
• List of violations, as well as the period for their elimination (at least 2 months).

In 1999, the Prosecutor General's Office sent an instruction "On the application of a warning about the inadmissibility of violation of the law." This document describes in detail all possible conditions for the issuance of instructions. This normative legal act prosecutors of all levels, as well as military and specialized use as the main measure for the prevention of misdemeanors.

Just like a protest, ruling and presentation, caution is carried out exclusively by the main employees of the prosecutor's office. It is worth noting that the warning as such prosecutors use to oversee the full implementation of laws and by-laws.

What is the need for acts of prosecutorial response?

Regardless of what specific act of prosecutorial response and supervision is directed to one or another body, organization, etc., it must be executed within the prescribed time, since it must be strictly enforced.
Areas of activity and supervision of the prosecutor are wide enough. They include:

• Control over the implementation of laws;
• Supervision for the purpose of observing human rights and freedoms;
• Control over the activities of investigative bodies, inquiry, operational-search sector;
• Supervision over the unquestioning implementation of regulations by administrations of districts and cities;
• Control over the implementation of the legislative base by administrations of places of deprivation of liberty and establishments of compulsory nature.

In case of willful failure to fulfill prosecutor's claims, justified by sufficient powers, any of the ignored acts of reaction - protest, ruling, order (the sample of each of them can be found as an attachment to the relevant legislative act) is fraught with the infringer for imposing a fine, the average size of which is 1-3 Thousand rubles (according to the Code of Administrative Offenses of the Russian Federation).