47. Fiscals and prosecutors at the end of the XNUMXth - first half of the XNUMXth centuries

Fiscalate (fiscality) was established Peter I Simultaneously with the Senate, in 1711, the Absolute Monarchy was forced to closely supervise its officials, and for this, fiscals were needed, and a little later, prosecutors. AT duties of fiscals included "secret supervision" of all officials, so that they did not plunder state funds, did not take bribes and did not exceed their official powers. Fiskalov headed chief fiscal, subordinate directly to the king, provincial and city fiscals were subordinate to the chief fiscal. The fiscals received half of the property confiscated by their denunciation or half of the fine collected, so the fiscals were very disliked, the word itself became abusive.

В 1722 BC was first established to oversee the Senate Procuracy, which soon ousted fiscal from the sphere of state supervision.

The difference between fiscals and prosecutors is as follows: the fiscals carried out covert, secret supervision, while the prosecutor's supervision was carried out publicly. With the establishment of the prosecutor's office, the role of the Senate has noticeably diminished. At the same time, the range of issues considered by the Senate was quite wide: analysis of the materials submitted to the sovereign, appointment and election of higher state officials, etc.

In order to oversee the activities of the administration under the Senate, a position was established chief prosecutor, then also prosecutors in collegiums, chief prosecutor of the Synod, prosecutors at provincial courts. The first Russian Prosecutor General was appointed P. I. Yaguzhinsky (1683-1738), a very active and powerful person, who managed to make his position very prestigious. He was deservedly called "the eye of the Sovereign". In addition to the prosecutors, the remaining fiscals were also subordinate to the prosecutor general. But the prosecutors at that time (since the judicial system itself had not yet developed) were not involved in supporting public prosecution in court, exercising only a variety of supervisory functions.

Institute of provincial prosecutors at the courts was restored at Catherine II, during the reform of the judiciary. The provincial prosecutor was part of the provincial government and supervised the rule of law in the province, as well as oversight of all provincial-level officials, except for the governor and governor-general, reporting directly to the governor-general of the empire, who in turn was accountable only to the monarch. The prosecutor of the upper zemstvo court, the prosecutor of the provincial magistrate, the prosecutor of the upper massacre, provincial and district solicitors were subordinate to the provincial prosecutor. Not a single court decision entered into force without the signature of the provincial prosecutor.

В 1802 Alexander I their Manifesto on the formation of ministries replaced collegiums with ministries. Accordingly, with 1802 BC the prosecutor's office was handed over Ministry of Justice, the positions of Minister of Justice and Prosecutor General were combined.

Minister of Justice controlled the entire judicial system of the country, carried out the selection of personnel and supervisory functions. He supervised both the judicial instances subordinate to the Senate and the administrative institutions of the Senate itself.

Authors: Dudkina L.V., Shcherbakova O.V.

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