Legal Regulation of the Prosecutor's Office and its Role in the Supervision of the Law
( Pp. 97-108)
More about authors
Ivan P. Kravets
Cand. Sci. (Law), Head of the Department of State Law Disciplines, Institute of Economics, Management and Law, Department of State Law Disciplines
Volga State University of Water Transport
Nizhny Novgorod, Russian Federation Viktor N. Butchenko Cand. Sci. (Econ.), Head of the Department of Transport Law, Institute of Economics, Management and Law, Department of Transport Law; Volga State University of Water Transport; Nizhny Novgorod, Russian Federation Sergey V. Krepak Cand. Sci. (Eng.), Dir. of the Institute of Economics, Management and Law, Institute of Economics, Management and Law; Volga State University of Water Transport; Nizhny Novgorod, Russian Federation
Volga State University of Water Transport
Nizhny Novgorod, Russian Federation Viktor N. Butchenko Cand. Sci. (Econ.), Head of the Department of Transport Law, Institute of Economics, Management and Law, Department of Transport Law; Volga State University of Water Transport; Nizhny Novgorod, Russian Federation Sergey V. Krepak Cand. Sci. (Eng.), Dir. of the Institute of Economics, Management and Law, Institute of Economics, Management and Law; Volga State University of Water Transport; Nizhny Novgorod, Russian Federation
Abstract:
Abstract: The article examines the issues of legal regulation of the prosecu-tor's office and its role in supervising the rule of law, while prosecutorial supervi-sion is universal in nature, covering areas of activity regulated by the norms of various branches of law. Thus, the originality of prosecutorial supervision lies in the fact that it is constantly connected to sectoral mechanisms of legal regulation. Where the subject of prosecutorial supervision is lawmaking and law enforce-ment acts of government structures and officials. In addition, prosecutorial su-pervision is distinguished by its regulation by the norms of the Constitution of the Russian Federation, Federal Constitutional and Federal Laws, that is, it has a constitutional status on a par with the status of a branch of government. Prose-cutorial supervision is universal in nature, covering all legal forms of legally sig-nificant activities - from legal and law-making to law enforcement, control activi-ties, it is distinguished by specific results and legal consequences of operation. The purpose of the presented research is that the organization and activities of the prosecutor’s office are based on the concept of the unity of the rule of law and the mechanism for its implementation. This activity is aimed at ensuring strict compliance and execution of the uniform application of the law in the sys-tem of public administration, justice and public organizations by all officials as well as citizens. At the same time, the social nature of prosecutorial supervision is determined by the special nature of prosecutorial power, its difference from other forms of exercise of state power: representative, administrative (public) and judi-cial. Based on the research, the author comes to the conclusion that prosecutori-al supervision is a legal form of state activity of authorized entities and exists in real life along with other government-organizational forms of activity. The legal form of prosecutorial supervision is different in that it is designed to provide fa-vorable conditions for solving the tasks facing it.
How to Cite:
Kravets I.P., Butchenko V.N., Krepak S.V. Legal Regulation of the Prosecutor's Office and Its Role in the Supervision of the Law // Gaps in Russian Legislasion. 2024. Vol. 17. № 8. P. 97-108. (in Russ.) EDN: WSVNCP
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Baskov V.I. The prosecutor carries out supervision. Moscow., 1963. 15 p.
Boytsova V.V. The role of general supervision of the prosecutor's office in strengthening the legal basis of public administration. Diss. ...Cand. Sci. (Law) St. Petersburg, 1991.
Vinokurov A.Yu. On the issue of external functional activities of prosecutors. Current issues of Russian law. Vol. 18. Moscow.: Moscow State University Publishing House, 2010.
Gorshenev V.M. Methods and organizational formsof legal regulation in a socialist society. Moscow., 1972. 19 p.
Daev V.G., Marshunov M.N. Fundamentals of the theory of prosecutorial supervision. V. G. Daev, M. N. Marshunov; Leningrad State univ.—Leningrad: Leningrad University Publishing House, 1990. 36 p.
Dolezhan V.V. Problems of the competence of the prosecutor's office. Diss. ... Dr. Sci. (Law). Moscow, 1991. Pp. 193–198.
Duryagin I.Ya. Law and management. M., 1981. Pp. 48–60.
Zvirbtsiv V.K. Main trends in the development and improvement of prosecutorial supervision in the USSR and other socialist countries. Collection «Problems of prosecutorial supervision». Moscow, 1972. 10 p.
Korshunova O.N., Golovko I.I. The subject of the prosecutor’s activity is a new category or necessity. Bulletin of Tomsk State University. 2017. Vol. 423. Pp. 207–218.(In Rus.).
Muravyov N.V. Prosecutor's supervision in its structure and activities. . 1. Moscow, 1887. 37 p.
Novikov S.G. Prosecutor's sup ervision and socialist democracy. Collection «Issues of prosecutor's supervision». Moscow., 1972. 130 p.
Novikov S.G., Radinsky M.Yu. Prosecutor's office in the system of the Soviet state apparatus. Jurisprudence. 1974. Vol. 3. 45 p.(In Rus.).
Novikov V.I. The Soviet prosecutor's office guards the rule of law. Saratov, 1973. 17 p.
General theory of law and state. V.V. Lazarev (ed.). Moscow, 1997. 218 p.
Samoshchenko I.S. Protection of the rule of law by the Soviet state. Moscow, 1960. 15 p.
Skvortsov T.F., Raginsky M.Yu. Formation and development of prosecutorial supervision. Moscow., 1974. Pp. 89–100.
Sovitsky V.M. Essays on the theory of prosecutorial supervision in criminal proceedings. Moscow., 1975. Pp. 27–28.
Smirnov A.F. Prosecutor's office and management problems. Moscow: Criminological Association, 1997. Pp. 44–47.
Tikhomirov Yu.A. Public law. Moscow. Beck, 1995. 102 p.
Tikhomirov YU.A. Publichnoe pravo. Moskva. Bek, 1995. 102 c.
Keywords:
Constitution of the Russian Federation, Criminal procedure code of the Russian Federation.
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