Constitutional law of the Russian Federation. Constitutional foundations of prosecutorial supervision in the Russian Federation (the most important)

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Constitutional law of the Russian Federation. Constitutional foundations of prosecutorial supervision in the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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69. CONSTITUTIONAL FRAMEWORK FOR PROSECUTOR'S SUPERVISION IN THE RUSSIAN FEDERATION

Article 129 of the Constitution of the Russian Federation, dedicated to the Prosecutor's Office of the Russian Federation, is placed in Ch. 7 of the Constitution of the Russian Federation "Judicial power". However, this does not mean that the prosecutor's office can be attributed to the judiciary.

The Prosecutor's Office of the Russian Federation is a centralized law enforcement structure, closing at the top on the Prosecutor General of the Russian Federation, subordinate ties are established between prosecutors (Part 1, Article 129 of the Constitution of the Russian Federation). Prosecutors are appointed and dismissed by the Prosecutor General of the Russian Federation (parts 3 and 4 of Article 129 of the Constitution of the Russian Federation), and the prosecutor of a constituent entity of the Russian Federation is appointed to the position by the Prosecutor General of the Russian Federation in agreement with the relevant constituent entity of the Russian Federation (part 3 of Article 129 of the Constitution of the Russian Federation) . For example, the prosecutor of the city of Moscow is appointed to the post by the Prosecutor General of the Russian Federation after the appropriate consent of the Moscow City Duma.

The Prosecutor General of the Russian Federation himself is appointed and dismissed by the Federation Council on the proposal of the President of the Russian Federation (Part 2, Article 129 of the Constitution of the Russian Federation). The Prosecutor General of the Russian Federation is ex officio a real State Counselor of Justice.

The Constitutional Court of the Russian Federation in Resolution No. 17P of December 1, 1999 "On a dispute over competence between the Federation Council and the President of the Russian Federation regarding the ownership of the authority to issue an act on the temporary removal of the Prosecutor General of the Russian Federation from office in connection with the initiation of a criminal case against him" established, that the relevant authority, based on the Constitution of the Russian Federation, does not belong to the Federation Council. Consequently, in the absence of other legislative regulation, the act on the temporary removal of the Prosecutor General of the Russian Federation from office in connection with the initiation of a criminal case against him not only can, but is obliged to issue the President of the Russian Federation as the head of state, the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen.

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