What is the prosecutor's office? Definition, main functions
For many years, the word "prosecutor's office" makes people nervous and worried. This is due to the fact that the activities of this authority are enveloped in a veil of rigor and inaccessibility. Few people fully understand what the prosecutor's office is. In fact, in the work of this department there is nothing special or confidential, because publicity is one of the most important principles of activity.
What is the prosecutor's office
The term is enshrined in law, but it is long, full of clericals and difficult to understand. It is possible to formulate easier. So, what is the prosecutor's office? It is a public authority supervising the implementation of Russian legislation.
The concept of the activities of the prosecutor's office reveals the definition given above. It includes ensuring the rule of law, strengthening the rule of law, protecting the freedoms of citizens, the interests of the state and the population. As mentioned above, the concept of the prosecutor's office is enshrined in Russian legislation.
What functions does
The main functions of the prosecutor's office are to supervise the implementation of legislation, the consideration of reports of violations of the law. In a global sense, they are needed to achieve their goals. It is ensuring the rule of law, strengthening the rule of law, protecting the rights and freedoms of man and citizen, protecting the legitimate interests of society and the state.
In addition, the prosecutor's office has the following functions:
- participation in the consideration of cases by courts of all instances;
- bringing protests to illegal court decisions;
- conducting an administrative investigation, issuing a ruling on an administrative violation and sending it to the court, along with documents on the case;
- interaction with law enforcement agencies in the fight against crime.
GP RF carries out international cooperation with other countries.
The structure of the prosecution is based on the principle of hierarchy, according to which the downstream prosecutors are subordinate to the superior. The system consists of the Prosecutor General's Office, regional, military and specialized.
Prosecutors are created and reorganized by the Attorney General.The creation and functioning of organs outside the system is not allowed.
Territorial Prosecutor's Offices
Territorial (otherwise they are also called the prosecutor's offices of the subjects) exist in each region of Russia. Their powers operate throughout the territory entrusted to them. The prosecutors' offices report directly to the General. These are bodies with classic powers.
Below the hierarchy are the prosecutors of cities and regions. They supervise the territory of the city or district, and are subject to the subject.
In addition to territorial prosecutor's offices, there are specialized ones: environmental, transport, for supervising the implementation of laws at especially sensitive sites, for supervising the observance of laws at correctional institutions.
The subject of supervision depends on the specifics of the department. Specialized are usually equated with the prosecutor's offices of subjects.
For example, the Volga Interregional Environmental Prosecutor's Office is working on the territory of the Volga basin. The device is deployed in the city of Tver, and its subordinate interdistrict environmental prosecutor's offices are located in the regions through which the r. Volga.Volga prosecutor's office monitors compliance with environmental legislation in 15 regions.
A separate place in the system is occupied by military prosecutors. These are the most closed organs, which practically do not interact with the others. They control the observance of legality in military units and other military facilities.
Based on what are prosecution checks
Prosecutors can not arrange checks when they please, for this we need good reasons. It can be:
- appeals of citizens, organizations;
- information in official media sources;
- task of the General Prosecutor's Office.
Before entering the inspection, the prosecutor must present the decision to conduct the inspection to the organization being checked, which should indicate the grounds, goals, subject matter, timeframe for the inspection, and the details of the organization being audited. The maximum period for conducting an inspection by the prosecutor's office is thirty days, but if necessary it can be extended.
In addition to field trips, documentary checks are possible. The prosecutor may request documents from the organization, and the organization must provide them.The deadline for submitting documents is set by the prosecutor.
The legal requirements of the prosecutor are binding. Failure to comply with the requirements of the prosecutor may entail serious losses. If for some reason it is not possible to fulfill the requirement on time, it is necessary to notify the authority in writing, stating the reasons for the delay, and supporting documents or their copies. In this case, the prosecutor may extend the deadline for the provision of documents.
In addition, he has the right to call a representative of the organization to the prosecutor’s office to give explanations and provide documents. The time and date of arrival of the representative are appointed by the reviewer and the postponement of the visit is possible if there are valid reasons.
It is important to know that the prosecutor does not have the right to request documents that are not related to the inspection.
Powers of Prosecutors
The powers of the prosecutor are enshrined in the Federal Law "On the Prosecutor's Office of the Russian Federation."
The prosecutor has the right to:
- Upon presentation of a business ID, have access to the office space, request documents and materials, if this is related to the verification of the implementation of Russian legislation.
- Require the provision of the necessary documents and their copies, require the participation of a specialist in the inspection.
- Call representatives of legal entities and citizens to give explanations.
- Bring protests to illegal legal acts, apply to the court to declare such acts invalid.
- Make a submission about the elimination of violations of the law.
How to contact the prosecutor's office
Some situations in life are forced to seek protection from government agencies. Unfortunately, only a small part of the incoming complaints entails a real elimination of violations of the law. In order for the prosecutors to be able to fully consider the complaint, you need to follow a few simple rules:
- Very often, prosecutors simply redirect the appeal. The reason is simple. According to federal law, prosecutors do not have the right to substitute other bodies. And what is the prosecutor's office? This is the supervisor. Therefore, it is better to immediately send your appeal to the authorized body, and already if they do not take action - to the prosecutor's office, and with copies of the answers. It can be: Rospotrebnadzor, various departments, city hall, regional government and so on.Previously, you can call the prosecutor's office and ask to recommend the desired body. So you can save a lot of time.
- It is necessary to specify contact details: postal address, contact phone number. Otherwise, you can simply not get an answer to the appeal. But passport details are not interesting to anyone.
- A detailed listing of the bodies that had been contacted earlier would increase the chances of resolving the situation. It is especially good if copies of references and responses to them are attached. Photos and videos can also be useful.
- A clear, competent, unemotional statement of facts.
- Not so obligatory, but very desirable moment - the text printed on the printer, but not written by hand.
The term for consideration of applications, accepted by the prosecutor's office for production, is 30 days. If the prosecutor decides that it is not his competence, then within seven days the appeal will be redirected to other authorities. All correspondence is carried out by the Post of Russia, so it is better to be patient. To get an answer in a shorter time, you need to leave an email address, then the letter will be duplicated by email.
If the response of the prosecutor did not suit, forced to doubt the completeness of the test, you can ask to read the materials.For this you need to write an application for the provision of the opportunity for familiarization. An important point: you can make copies, but only on your own. Prosecutors are not obliged to provide a photocopier. So be sure to take a camera with you.
How to appeal the decision of the prosecutor?
Any decision of the prosecutor is subject to appeal. You can appeal to the higher prosecutor's office, but it is more effective to send the complaint directly to the General. Unfortunately, often complaints about prosecutors get to them and go down on the brakes. A more costly material, but perhaps more honest and reliable option - to appeal the decision in court.
Thus, when interacting with the prosecutor's office, it is important to observe the law, know your rights and have patience.