Legal Encyclopedia. The letter P

PROSECUTOR SUPERVISION

- A kind

public activities carried out by the Prosecutor's Office on behalf of the Russian Federation to ensure the rule of law, you Protective rights and freedoms of citizens enshrined in the Constitution, as well as to identify, prevent and restore the rule of law violations, attract perpetrators to justice using

legal authority and legal means.

As a branch of science PN - is the science that studies the relations arising in the course of P. H .; explores the basic concepts of P. H .; study and analyze the legal rules governing the

activities of the prosecution authorities in supervising.

In practice, it decided to allocate the following types of supervision: supervision over the implementation of laws (general surveillance); supervision of the observance of the rights and freedoms of man and citizen; oversee

compliance with the law authorities,

engaged in the operational-search

activities, inquiries and preliminary investigations, supervision of the execution of laws by administrations of bodies and institutions, penal and court-ordered coercive measures applied by the administrations of places of detention and imprisonment and bailiffs.

The essence of the supervision of the execution of the laws (general surveillance) is to test the legal acts issued on their compliance with the Constitution and current legislation and implementation of laws by federal ministries; state committees; federal services; representative (legislative) and executive bodies of the subject of the Russian Federation; local authorities; control bodies; military authorities; officials and heads of commercial and non-profit organizations.

general surveillance is to identify violations; determination of the causes and conditions that lead to violations of the law, and

the adoption of measures to eliminate them; establishment of the persons who committed the violation, and the adoption of measures to attract them to justice.

The essence of supervision over the observance of the rights and freedoms of man and citizen is to respect fundamental rights and guarantees enshrined in the Constitution the federal ministries, state committees, services, legislative and

executive bodies of subjects of the Russian Federation; local authorities, etc.

The objectives of this type of surveillance is mandatory intervention of the public prosecutor when the information about the breach; use of all the rights granted by law to provide a remedy; protection of personal and public interests; measures to prevent crime.

This PN covers the full range of rights and freedoms prescribed by the Constitution of the Russian Federation. And supervision of compliance with the rights and freedoms of man and citizen is one of the most important activities of the Prosecutor's Office of the Russian Federation as well as the rights and freedoms of man and citizen recognized in Russia the highest value.

The subject of supervision of the execution of laws by bodies conducting operational

search activity (OSA), are the bodies of internal affairs, the customs authorities of the Federal Security Service, etc. When supervising the OSA prosecutor performs tasks such as security and protection of citizens' rights and freedoms; the rule of law in the conduct of the OSA; provision of measures to solve crimes and bring the perpetrators to justice; prevention and suppression of violations of the bodies carrying out OSA.

When supervising the bodies carrying out the inquiry and preliminary investigation, the prosecutor has the following objectives: the disclosure of each offense; involvement of the person who committed the crime to justice; attract only the guilty persons to criminal responsibility; compliance with the requirements of the investigation of crimes of the law on the comprehensive, full and objective investigation of all cases of evidence; identifying the causes of crime and the circumstances that contribute to them.

The prosecutor is obliged to carry out continuous supervision of the legality of measures adopted by the above bodies, using

granted by the statutory powers imperiously-administrative nature that no action or decision of these bodies is not at variance with the law and to prosecute only perpetrators.

Supervision of the execution of the laws in the penitentiary system - a new direction in the activities of the Russian Federation Prosecutor's Office. This is due to the need to improve the security of the rights and freedoms of persons arrested and detained. The subject of the legality of the surveillance are finding a person on remand; the rights and duties established by law detainees, prisoners and persons subject to compulsory measures; the legality of the execution of punishment, not connected with deprivation of liberty. In supervising prosecutor aims to identify and address the facts of the arbitrary and ill-treatment of prisoners and detainees; ensuring humane conditions of detention; improving the organization and efficiency of PN

Supervision bailiffs carried out to verify the performance

law, observance of the rights and freedoms of individuals and legal entities by such bodies in the exercise of its powers.

Tasks prosecutors in conducting surveillance related to ensuring the legality of judicial acts and acts of other bodies in the Russian Federation; ensure compliance with the law, and the rights and freedoms of man and citizen in the exercise of judicial decisions; compliance with laws making bailiffs.

In supervising prosecutor should not replace other bodies whose competence includes the authority to exercise oversight, he should act only within the powers granted to him.

In case of violation of the public prosecutor does not have the right to take measures to eliminate direct violation, it raises the question of their elimination before the official or body, which is responsible for the application of appropriate measures.

response tools in detecting violations of the law are realized through the adoption of acts of prosecutorial response (protest, regulations, reporting and warnings).

The choice depends on the response form

nature of the violations of the law, their causes, consequences caused by violation of the law.