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
For read the full article, please, register or log in
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.