/ / Main functions and tasks of the prosecutor's office

Main functions and tasks of the Prosecutor's Office

Prosecutor's office, functions and tasks which will be discussed further, does not apply to the judicial system. Work in its institutions and units is a form of federal civil service. Procuratorial bodies solve problemsaimed at overseeing compliance with thelegislation in force in the country. They are called to ensure the protection of freedoms, citizens' rights, 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.

prosecutorial tasks

Key areas

The concept and tasks of the prosecutor's office are fixed in the Federal Law № 2202-1. In 1 article of the normative act, key areas of work have been identified. Goals and tasks of the prosecutor's office are reduced to ensuring:

  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. At the same time, it is inadmissible to oppose human rights problems prosecution service state and public interests. Without the provision of 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. ЗAttorneys at law related to the supervision of a uniform andstrict observance of 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 implementation is interdependent. Special and general tasks of the prosecution bodies are secured by the Constitution, legislation andother acts regulating individual elements of supervision and other work of the institute. Particular problems are numerous and diverse. They appear in the specific working conditions of the institute.

tasks of the prosecutor's office

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. AT prosecutorial tasks includes:

  1. Protection of interests and rights of organizations and citizens who became victims of crimes, individuals from unjustified and unlawful charges, restrictions on freedoms, convictions.
  2. Ensuring strict compliance with the provisions of the CPC 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 supervision of compliance with the legislation, the administrations of the institutions executing the punishment, the coercive measures appointed by the court, carry out inspections:

  1. The legality of finding citizens in places of pre-trial detention, detention of detainees, correctional and other institutions.
  2. Compliance with rights and dutiesconvicts, 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 cases consideration the following prosecutorial tasks:

  1. Ensuring compliance with the requirements of the law on objective, comprehensive, complete, timely proceedings 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.
    goals and objectives of the prosecutor's office

Civil proceedings

As part of the consideration of disputes in prosecutorial tasks includes:

  1. Ensuring the requirements of legislation on full, comprehensive and objective consideration by the court of the circumstances of the case, assistance in issuing a just, fair, lawful decision.
  2. Timely adoption of measures provided for 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 stipulates the relevant cases.
  5. Submission of submissions to the appellate supervisory, cassation instance to ensure the validity, legality and fairness of acts passed by the courts of general jurisdiction.

Arbitration processes

AT prosecutorial tasks the proceedings 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 the elimination and suppression of illegal actions in the economic sphere.
  3. Timely challenge in appellate andcassation instances of rulings, decisions, decisions on arbitration proceedings instituted on appeals of prosecutors, and cases in which they participated in the first instance.
    main tasks of the prosecutor's office

Executive 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 decisions.
  3. Control the legitimacy of the use of police officersweapons and other special means, compliance with their freedoms and the rights of citizens in the implementation of coercive measures, the implementation of measures to maintain public premises in public buildings.

Work principles

The Prosecutor's Office of Russia forms a singlecentralized 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 publicly 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 the prosecutor's offices. In addition, employees can not combine basic work with other paid or paid classes. Exceptions are teaching, scientific, creative activity.

prosecutors solve problems

Independence

The law prohibits any interference withprosecutor supervision. Any impact of government structures, public organizations, the media, their officials and representatives to influence decisions made or create obstacles in the work of employees implies responsibility. Prosecutors are not obliged to give any explanations on the merits of cases that they have in production, to provide materials to anyone for familiarization, except for the cases expressly provided by law. Officials are not bound by decisions made by public associations. No one can, without the permission of employees, make public information about the preliminary investigation and inspections before they are completed. Failure to comply with the requirements of the prosecutor, arising from his authority, evading attendance on call entails the responsibility defined by law.

Rights

To accomplish tasks, prosecutors can participatein meetings of representative and executive bodies of the federal and regional level, as well as territorial structures of power. They may be involved in the consideration of protests and submissions made by them. The Prosecutor General and the officers subordinate to him coordinate activities aimed at combating the crime of the VD, FSB, 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.

prosecutor's office functions and tasks

Additionally

The prosecutor if occurring during the implementationof its tasks, the need to improve existing regulations can make to the bodies endowed with a legislative initiative, an appropriate, as well as a lower level, proposals for supplementing, modifying, adopting, repealing legal instruments. This right makes employees active participants in lawmaking. Prosecutors' offices review and resolve appeals, applications, complaints containing information on violation of legal provisions. Decisions made by officials do not prevent persons from exercising their right to sue in court. At the same time, a certain procedure has been established for submitting applications to the prosecutor’s office. Decisions on the complaint against the determination, sentence, court order can be challenged. The corresponding application is sent exclusively to the superior prosecutor. Legislation requires employees to make a motivated 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 for appealing such a decision, the procedure in accordance with which he should demand judicial protection, if this is provided for by the rules.

the concept and objectives of the prosecutor's office
The prosecutor, as prescribed by law,takes the necessary measures to bring the perpetrators to justice. Regulatory acts are not allowed to forward a complaint to a body or official, the actions or decisions of which are disputed.

Read more: