The Independence of Procuracy as a Main Constitutional Factor of its Work
( Pp. 213-215)

More about authors
Savelov Michail Alekseevitch aspirant kafedry «Gosudarstvenno-pravovye discipliny» yuridicheskogo fakulteta
State Law Department of Penza State University
Abstract:
Objective: the purpose of writing this article is to disclose the essence and content of the independence of Procuracy, its impact on the organization of its work and on the performance of its tasks. This issue is mentioned in a large number of scientific papers and publications, but most of them belong to the transition period of formation of the Russian State in the 90-ies of the last century. The problem of the independence of Procuracy is studied in the works of Melnikov N.V, Rokhlin V.I., Skuratov, V.N., Savitsky V.M., Kalmykov Y. H., Tochilovskiy V.N., Y.k., etc. The problem is also mentioned in the works of foreign authors, who studied it on the basis of the organization of the procuracy supervision in their own countries: Nomejler M., Fumijumi Watanabe, Lee van Kan and others. Model: as a subject of study we chose the regulations of article 129 of the Constitution of the Russian Federation and federal law № 2202 dated by January 1-st, 1992 "On the Procuracy of the Russian Federation" dealing with the independence of Procuracy. In order to identify the patterns of historical development of the principle of the independence of Procuracy at various stages of Russian history, and to point out common features in the Organization and functioning of Procuracy in the Russian Federation and foreign countries we applied law-history and law comparative methods. Conclusion: During the study we found a definite pattern between the realization of the principle of the independence of Procuracy and the effectiveness of the realization of the actions standing before them. We found that in one way or another, this principle is typical for different models of Procuracy, among them ones, including Procuracy in the system of the Judicial or Executive power. We suggest that the principle of independence of Procuracy should be strengthened and its activities be regulated at the Federal Constitutional law level. Social impact: historical experience shows that implementing the projects on strengthening of the independence of Procuracy, raising its status and authority through the adoption of Federal Constitutional laws will increase its efficiency, which would have a positive impact on the legacy in the State and order in the society. Value: the given work is targeted on a wide range of public. It is intended to draw attention of legislators to strengthening the role of Procuracy in the system of Government as an important element of the system of checks and balances. The novelty lies in the fact that the principle of the independence of Procuracy is studied from different angles; the conclusions are based on both the experience of foreign countries and the history of this institution in Russia
How to Cite:
Savelov M.A., (2014), THE INDEPENDENCE OF PROCURACY AS A MAIN CONSTITUTIONAL FACTOR OF ITS WORK. Business in Law, 2 => 213-215.
Reference list:
Bessarabov V.G., Kashaev K.A. Zashchita rossiyskoy prokuraturoy prav i svobod cheloveka i grazhdanina. - M.: Gorodets, 2007.
Buyanskiy S.G. Prokuratura v usloviyakh administrativno-pravovoy reformy: Monografiya. - M.: Bukvoved, 2006.
Byval tseva S.G. Konstitutsionno-pravovoy status prokuratury: problemy i perspektivy // Konstitutsionnoe i munitsipal noe pravo. 2011. №5.
Viktorov I. Prokuratura: status na rubezhe tysyacheletiy // Zakonnost . 2000. № 12.
Mel nikov N.V. Prokurorskaya vlast i lichnost : pravovye sredstva obespecheniya konstitutsionnykh prav i svobod grazhdan Rossii. - M., 2003.
Prokuratura v pravovom gosudarstve / Materialy mnogostoronney vstrechi, organizovannoy Sovetom Evropy i General noy prokuraturoy RF. - M., 1997.
Prokurorskiy nadzor / Pod red. Vinokurova YU.E. - M., 2004.
Rokhlin V.I. Prokurorskiy nadzor i gosudarstvennyy kontrol : istoriya, razvitie, ponyatie, sootnoshenie. - SPb., 2003.
Skuratov YU.I. Kontseptual nye voprosy razvitiya prokuratury v period pravovoy reformy v Rossiyskoy Federatsii // Zakonnost . 1997. № 3.
Skuratov YU.I. Rol prokuratury v ukreplenii zakonnosti i pravoporyadka // Zakonnost . 1996. № 12.
Keywords:
the Prosecutor's office, the principle of independence, constitutional and legal status, The Constitution.


Related Articles

Public Law Pages: 10-15 DOI: 10.33693/2782-7372-2023-2-2-10-15 Issue №23134
Social Subjects of Legal Relations: Constitutional Refrain
Constitution of the Russian Federation constitutional legal relations subjects of constitutional legal relations public subjects social subjects
Show more
10. Constitutional law; Constitutional judicial process; Municipal law Pages: 112-115 Issue №10553
THE COORDINATION AS A METHOD OF REGULATION OF INTERNATIONAL AND FOREIGN ECONOMIC LINKS OF THE SUBJECT OF THE RUSSIAN FEDERATION
the Constitution the state international relations foreign economic relations the subjects of the Russian Federation
Show more
17. Judicial, prosecutorial, human rights and law enforcement activities Pages: 219-221 Issue №11740
ON THE ISSUE OF DEFINING THE CONCEPT OF THE LEGAL STATUS OF THE PROSECUTOR'S OFFICE
the Prosecutor's office legal status the principle of unity research and development public authorities
Show more
12. Constitutional law; Constitutional judicial process; Municipal law Pages: 196-200 Issue №9089
IDEOLOGY AS A SOCIAL AND STATE INSTITUTE
constitutional and legal ideology of the state the Constitution ideological diversity the foundations of constitutional order
Show more
19. Judicial, prosecutorial, human rights and law enforcement activities Pages: 168-172 Issue №11394
PREVENTIVE FUNCTION OF THE PROSECUTOR'S OFFICE OF THE RUSSIAN FEDERATION AND IMPROVEMENT OF ITS LEGAL REGULATION
the Prosecutor's office the Prosecutor the subject the law offense
Show more
9. International law; European Law Pages: 167-170 Issue №6252
Analysis of the legal problems of correlation of international and national legal rules in the system of integration community of the states
international standards national standards international and regional organizations enterprises the Constitution
Show more
8. Judicial, prosecutorial, human rights and law enforcement activities Pages: 141-143 Issue №2833
CAUTIONS ABOUT SUBJECTS violating the law
the subject the warning about the inadmissibility of violation of the law the Prosecutor's office the law legal means
Show more
13. OTHER Pages: 143-148 Issue №10779
CONCEPT OF INTERACTION LOCAL GOVERNMENT AND PROSECUTION
local authorities the Prosecutor's office supervision interaction cooperation
Show more
3. Constitutional law; Constitutional judicial process; Municipal law Pages: 124-126 Issue №12435
MUNICIPAL POLICE (POLICE PUBLIC SECURITY) TO ATTEMPT OF CONSTITUTIONAL LAW EXPERIMENT
The Constitution experiment municipal police legal experiment legislative activity
Show more
8. Constitutional law; Constitutional judicial process; Municipal law Pages: 120-121 Issue №9479
ABOUT THE CONSTITUTIONAL DEVELOPMENT FOR COLLISIONS PERMISSION BETWEEN THE RUSSIAN CONSTITUTION AND ACTS OF THE EUROPEAN COURT OF HUMAN RIGHTS
The Constitution right constitutionalism mechanism conflict
Show more