Federal Law "On the Prosecutor's Office of the Russian Federation", No. 2202-1 of January 17, 1992

What is the system and organizationprosecutors of the Russian Federation? How does this structure work? Answers to these questions will be provided by the Federal Law “On the Prosecutor's Office of the Russian Federation”, some provisions of which will be discussed in the article.

About the prosecutor's office

Russian prosecutor's office is a singlethe system of federal bodies working on behalf of the Russian Federation. The main duty of the prosecutor's office is to monitor compliance with the law in the country. This is necessary to ensure the strengthening of unity and the rule of law. The prosecutor’s office protects freedoms and human rights, as well as protects the legitimate interests of society.

In addition, the Russian prosecutor's office is engaged in:

• overseeing the implementation of laws by those bodies that carry out investigative and operational activities, namely, inquiry and investigation;
• control over the observance of the freedoms and rights of citizens by all authorities and judicial bodies of Russia;
• criminal prosecution in accordance with the established powers;
• coordination of law enforcement affairs.

In addition, the Russian prosecutor's office carries out law-making activities, and the Prosecutor General's Office - the release of special regulatory publications.

Principles of operation

Article 4 of the Federal Law "On the Prosecutor's Office of the Russian Federation" establishes the basic principles of the activity of the court in question. In particular, it is worth highlighting the following points:

• exercising powers independently of other federal or municipal bodies;
• the action is strictly in accordance with Russian law;
• timely informing state bodies on the results of their activities.

Separately, it is worth highlighting another principleenshrined in the second article of this bill. We are talking about international cooperation. Thus, the Prosecutor General’s Office of the Russian Federation should closely and productively cooperate with foreign bodies carrying out similar functions. It is necessary, of course, to gain valuable experience and exchange useful information.

About prosecutors

And what can you say about employeesthe authority in question? Article 5 of the Federal Law "On the Prosecutor's Office of the Russian Federation" states a ban on interfering with prosecutor's supervision. What does this mean? In short, any impact from anyone's side (whether it be the government, the media, officials or legal entities, etc.) would entail legal interference. Moreover, especially bright forms of influence on the activities of prosecutors may entail the imposition of responsibility.

Article 6 speaks about the obligation of execution.requirements of prosecutors. Thus, the legal instructions of prosecutors should be subject to unconditional and timely execution. At the same time, the draft law under consideration also says that the prosecutor does not have the right to demand information from the authorities that is not determined by the objectives of the prosecutor's check, is not related to the subject of the test, or is published in the public domain.

It is also worth noting that subsequent articlesthey talk about the participation of prosecutors in the meetings of the authorities (municipal or federal), about coordination in activities in the fight against offenses, about participation in law-making activities, about conducting anti-corruption expert examinations, etc.

Prosecution system

Section 2 of the Federal Law "On the Prosecutor's OfficeOf the Russian Federation ”is devoted to the structure of the structure under consideration. What is the prosecutorial system? The prosecutor's office covers the following components:

• the Prosecutor General's Office of the Russian Federation;
• regional prosecutor's offices of the Russian Federation;
• military and other specialized prosecutors;
• print editions, educational and scientific organizations.

All submitted instances have in theirthe operational management of objects of economic and social purpose. At the same time, the Russian Attorney General is responsible for the formation, reorganization, vesting of the status and liquidation of all the listed bodies. Naturally, it will be absolutely illegal to establish and operate a prosecutor’s office in Russia that is not part of the general system.

About Attorney General

As mentioned above, the Attorney General isthe main leader of the entire system presented. The appointment and removal from the position of the Prosecutor General of the Russian Federation is made on the proposal of the Russian President through the High Chamber of the Federal Assembly.

Attorney General can only bea Russian citizen who has reached the age of 35 years, having the appropriate education and working experience. If the public prosecutor for some reason is absent, then his first deputy will carry out his working activity in his place. The term of office of the Prosecutor General is exactly five years. In this case, the same person is able to be repeatedly appointed to the post in question.

The main responsibility of the Attorney Generalthe presentation of annual messages to the two chambers of the legislative branch in the Russian Federation remains. It is also worth noting that the official in question has the right to nominate his deputies to the President.

Prosecution Subjects

How prosecutors form and functionsubjects of the Russian Federation? Article 15 of the Federal Law No. 2202-1 says that special boards should be created in municipal bodies of the prosecutor's office, in which the chairman, his deputies and various prosecutors must be present. This applies both to ordinary bodies and to specialized ones, for example, of a military type.

In addition, in the prosecutor's offices of the subjects of Russiashould form departments and management. The chief must be present at each instance, and the chiefs must have senior assistants and deputies. In this case, assistants are appointed by the prosecutor of the subject, and the latter - by the Russian President on the proposal of the prosecutor general.

The prosecutor of the subject must be at least 30 years old, he must meet the requirements of this law, have the appropriate education and work experience.

About prosecutor's supervision

Most Russians have heard of such a famousterm as "prosecutor's supervision". But do all citizens know what this concept means? What is prosecutorial oversight? Law No. 2202-1, namely the third section gives a detailed explanation.

The subject of supervision is the banal followingas the Russian Constitution, and many other laws. Employees, supervising compliance with relevant legal and regulatory acts, just exercise prosecutorial supervision. How exactly should the verification be carried out? The body in question receives information indicating the existence in the work of the inspected bodies of some elements of violation of the law. The prosecutor or his deputies begin the corresponding check, according to the results of which they confirm or deny the information about the violation of the current legislation. The whole process should not take more than 30 days. This form is established both in the federal prosecutor's office and in the bodies of the subjects of the Russian Federation.

Prosecutor and court

Is there any interaction betweenprosecutors and the judiciary? The answer to this question is most likely obvious. The legal basis for the activities of the Prosecutor's Office of the Russian Federation establishes close cooperation and constant interaction between the two systems represented. Thus, Article 35 of the Federal Law being considered provides for the participation of the prosecutor in the consideration of cases by the court. It is the prosecutor's office that acts as an accuser.

In accordance with the laws of the Russian Federation,An employee of the prosecutor's office is able to apply to the courts with an application to join the process (at any stage), if required by the protection of the rights and freedoms of citizens, the interests of society or the state.

Duties of the Attorney General in thisThe case is somewhat different. This person is obliged to work at meetings of the Supreme Court, as well as participate in law-making activities together with other state institutions. In addition, the Prosecutor General is entitled to apply to the Constitutional Court of the Russian Federation for the interpretation of certain norms, as a rule, on issues of violation of constitutional rights and freedoms.

Requirements for prosecutors

It is worth paying a little more attention to legalrequirements for the identity of the prosecutor. The considered Federal Law states that citizens who meet the following parameters may be prosecutors:

• the presence of Russian citizenship;
• the presence of higher education in the legal profession with state accreditation;
• the presence of proper professional and moral qualities;
• no health problems (for optimal work).

It is impossible to become a prosecutor if there are the following factors:

• foreign citizenship;
• the person applying for the post in question is incapable or partially capable;
• criminal record;
• the presence of diseases that impede the implementation of effective work;
• the court deprived of the opportunity to hold relevant positions;
• refusal to undergo the procedure for obtaining admission to secret state information.

Thus, the Federal Law imposes quite clear requirements for prosecutors.