Measures of prosecutorial response. Procurator's supervision over the implementation of legislation

Prosecutorial oversight of the implementation of legislation acts as one of the key areas of law enforcement. It is reduced to solving tasks to ensure the implementation of regulatory regulations and protect the freedoms and interests of citizens throughout the country. This work is carried out according to the rules and within the limits established by the provisions of Federal Law No. 2202-I. Let us further consider what the prosecutor's response to the violation of the law is.

general characteristics

Supervision of compliance with laws is carried out by other state bodies. These include, in particular, tax, environmental, sanitary inspections, traffic police and so on. However, all these structures exercise powers in specific areas, have controlled spheres, the boundaries of which are clearly delineated by norms. The activity of the prosecutor's office is considered universal. Her powers extend to almost all spheres of public life, regulated by norms.

Forms of prosecutorial response

The above-mentioned Federal Law provides for special tools that can be used by officials in the framework of their work. The means of prosecutorial response are applied in strict compliance with regulatory requirements. For each of them, special rules are established, the adherence to which is the duty of employees. Norms provide for various acts of prosecutorial response. These include protests, performances and other tools aimed at eliminating the violations identified. In Art. 23-25.1 of the Federal Law №2202-I set the rules, according to which the acts of the prosecutor's reaction are approved and implemented. The execution of any of the envisaged measures is a procedural procedure.

Protest

It is a procedural document. It is prepared directly by the prosecutor or his deputy. The protest is brought to the official or to the body that adopted the document contradicting the existing norms, to higher structures or employees, and also to the court. In the latter case, procedural rules apply. The protest includes a demand to eliminate the violations that the prosecutor's inspection revealed in any part of the document or in the whole as a whole, bringing it in line with the Federal Law or its repeal.

Features of compilation

Acts of prosecutorial response, as a rule, are made in writing. Norms, however, provide for the possibility of verbal expression of protest. If it is made in writing, it must contain mandatory requisites. They include:

1. The exact name of the structure to which the document is submitted.
2. Act, which, according to the prosecutor, does not comply with the requirements.
3. The name of the norm, its provisions, in contradiction with which the impugned document entered. It also specifies the grounds on which the official makes conclusions about his illegitimacy and decides on the use of the measure of prosecutorial response.
4. Specific statement of requirements. When describing them, reference should be made to the rules governing the procedure for drawing up and reviewing a protest.
5. Signature of the applicant with the indication of the class rank and position.

Content

Norms are required not only to form a protest. Particular attention is paid to the content of the protest. In it, the official reflects his conclusions. In particular, the employee indicates:

1. In what exactly is the inconsistency / contradiction of the disputed document as a whole or its part, in relation to which the impact is applied, expressed.
2. Proposal to liquidate the violation. Here the prosecutor expresses his position, cites concrete actions in which the elimination of contradiction or inconsistency, legal consequences should be expressed.
3. The requirement to consider the protest brought by the due date. In so doing, references are made to the rules governing the procedure, it is pointed out that the reply must be sent in writing promptly.

Performance

The application of this measure of prosecutorial response is aimed at eliminating not only the violation of regulatory requirements, but also its causes, as well as the conditions conducive to its admission. The submission should be considered immediately after receipt. The addressee is an official or a structure authorized to eliminate violations. The presentation is preceded by a prosecutor's examination.

Document processing

In the presentation, the employee indicates:

1. The structure or official to whom the act is addressed.
2. Sources of information about violations committed.
3. Characterization of actions / omissions that do not comply with the requirements.
4. Analysis of the causes and conditions contributing to the admission of violations.
5. Requirements to eliminate inconsistencies, causes and circumstances that gave rise to them.
6. References to deadlines and rules for reviewing submissions.

In the document, the prosecutor makes recommendations on measures to eliminate violations. They should have a legal focus and not assume an intrusion into the operational and economic activities of the entity. Recommendations for eliminating the circumstances and reasons for the admission of violations of technical, organizational, managerial, economic nature should be based on audit materials, expert opinions and other experts.

Among the requirements in the submission, an indication is given of the need to prosecute specific employees who condoned unlawful actions / omissions. Material and disciplinary punishments can be applied to them if the violation contains no signs of an administrative offense or a criminal offense.

Resolution

It is considered one of the most popular tools in the practice of officials. The Prosecutor issues a resolution within the framework of various spheres of his work, as well as during criminal procedural measures. The document is adopted, in particular, in the course of monitoring the implementation of regulatory requirements by federal ministries, civil services, committees and other executive state bodies, representative and administrative structures of regional and local authorities, military authorities, control bodies, and their officials. To use this measure of prosecutorial response, the employee must have grounds. They are:

1. The initiation of administrative or criminal proceedings.
2. Release from custody of a person who illegally resides in the UIN or an institution that applies coercive measures, who has been detained, placed in a forensic psychiatric institution, preliminarily imprisoned in violation of established rules.

Prescriptions present in the document are subject to immediate implementation by the administration, the bodies executing sentences in respect of citizens to whom a punishment not related to deprivation of liberty is applied. In the pre-trial stages, in addition , the prosecutor has the right to take any procedural decision concerning the case.

Prevention of violations

As another tool used by officials in the exercise of their powers, the prosecutor's warning is in favor. It can be announced if there is information about the alleged illegal act. A procurator's warning may be drawn up on his behalf or on behalf of his deputy. The use of this tool belongs to the exclusive competence of these individuals. When carrying out preventive maintenance of infringements of normative instructions in the course of inquiry, consideration of affairs in courts, preliminary investigation other measures of public prosecutor's reaction should be applied. The warning is announced only when the employee has reliable information about the officials who are preparing unlawful acts, which can cause negative consequences for the state, civil or public interests, but do not entail criminal liability.

Appeal

A procurator's warning can be challenged in court according to established rules. If it has not been appealed or has not been found to be unlawful, and if the relevant association (religious or other public organization), its regional or other structural subdivision has not eliminated the violation as a reason for announcing the warning, the subjects are subject to liquidation, And work is forbidden. A similar rule also applies if, within a 12-month period since the date of the warning announcement, new facts have been revealed, indicating that signs of extremism exist in the functioning of societies.

An Important Moment

Caution about the inadmissibility of violations of regulatory requirements applies exclusively to officials. It can not be announced to organizations and citizens. A warning is made about employees of state bodies, local government structures, municipal and state institutions, military command and control units, military units and other formations. It can also be announced to managers and other employees of non-profit and commercial enterprises that carry out administrative, economic and organizational-administrative functions.

Additionally

The order of the prosecutor's response provides that before the announcement of a warning about the inadmissibility of violations of regulatory requirements, information about the upcoming illegal actions should be thoroughly investigated. At the same time, explanations in written form must be requested from suspect officials. The announcement of a warning is made to the employee directly at the prosecutor's office against receipt. Warnings are announced on the basis of the results of studying information, including on appeals and applications of citizens, controlling structures, on other specific signals, which contain reliable information about the violations being prepared.

They are issued in the form of special written procuratorial acts. To increase the prophylactic effect and ensure publicity, a warning can be announced at the place of carrying out by the suspect of his professional activity, including in the context of reviewing the results of audits and other control measures at the meeting of the collective or in its discussion by the collegial structure of the enterprise.

Conclusion

Measures of prosecutorial response are considered specific tools for the exercise of their powers by officials. Their application is of particular practical importance. These tools affect various forms of violations of regulatory requirements. Procuratorial measures are aimed at preventing and suppressing misconduct of officials of various bodies, institutions and enterprises. The tasks of officials include the timely acceptance of information for consideration and study. The analysis of incoming information should be comprehensive and objective. Spheres of control are clearly limited by norms.

In particular, it concerns the organizational-administrative and administrative-economic functions of the subjects. This indicates that the operational (ongoing) activities are not affected by the measures provided for in the law. The requirements of employees derive from their authority. The prosecutor is obliged to react to all violations, to prevent the preparation of illegal actions, since he must ensure control over the proper implementation of regulatory requirements. To the structures subordinate to it, the bodies carrying out the preliminary investigation, operative-search measures, inquiry. The employee monitors the observance of the norms by the institutions executing punishment, using coercive measures, by the administrations of places where detainees are detained and detained. All orders of employees are subject to implementation on time. Normative acts provide for the responsibility of officials for willful evasion from the fulfillment of the prosecutor's requirements, which flow from his authority and are set out in warnings, representations, protests and other documents. For citizens, a penalty is established in the form of a monetary penalty. Its size is 1-1.5 thousand rubles, for officials - 2-3 thousand rubles. Guilty subjects are brought to responsibility under Art. 17.7 of the Administrative Code.