On the Constitutional and Legal Consolidation of the Features of the Prosecution Bodies' Activities in the Russian Federation

被引:1
|
作者
Evdokimov, Vyacheslav B. [1 ]
Stepanov, Oleg A. [1 ]
机构
[1] Inst Legislat & Comparat Law Russian Federat Govt, Moscow, Russia
来源
TOMSK STATE UNIVERSITY JOURNAL | 2020年 / 461期
关键词
changing the Constitution of the Russian Federation; Prosecutor's Office activities; legislation;
D O I
10.17223/15617793/461/27
中图分类号
O [数理科学和化学]; P [天文学、地球科学]; Q [生物科学]; N [自然科学总论];
学科分类号
07 ; 0710 ; 09 ;
摘要
The article deals with the issues of improving the activities of the Prosecutor's Office in connection with amendments to the Constitution of the Russian Federation. Actual problems of improving federal legislation are identified. The law of the Russian Federation on amendments to the Constitution of the Russian Federation was prepared in response to Vladimir Putin's Address to the Federal Assembly of January 15, 2020. The law was to fix the fact that the Prosecutor's Office is a single federal centralized system of bodies that monitor compliance with the Constitution of the Russian Federation, the implementation of laws, compliance with human and civil rights and freedoms, and criminal prosecution in accordance with their powers, and perform other functions. A systematic legal regulation of the Prosecutor's Office requires consistency of all the rules governing specific public relations, as well as compliance with goals and objectives, the actual interests of society and the state defined in the laws. The proposed amendments to the Constitution of the Russian Federation and the law on the Prosecutor's Office of the Russian Federation should be considered primarily through the prism of strengthening the rule of law and improving the protection of human and civil rights and freedoms, as well as legally protected interests of society and the state. However, one of the amendments to the Constitution creates legal uncertainty, which must be resolved within the framework of improving sector laws. This amendment is about giving the president of Russia the right to appoint and dismiss not only regional prosecutors, but also other prosecutors, except for city, district and equivalent prosecutors. The category "other prosecutors" requires its own interpretation. The fact is that "other prosecutors" can be understood as special prosecutors who may be outside the general system of prosecutorial bodies: they may be appointed by the president to investigate acts of senior officials or heads of the Prosecutor's Office itself, or they may deal with particularly complex financial and economic crimes, i.e. the competence of the special prosecutor is determined by the president or the prosecutor general. The effective functioning of the entire state system at the present historical stage of its development depends on the correct solution of the problem of constitutional and legal consolidation of the features of the Prosecutor's Office in the Russian Federation as a whole.
引用
收藏
页码:225 / 228
页数:4
相关论文
共 7 条