Law on the Prosecutor's Office of the Russian Federation

Law on the Prosecutor's Office of the Russian Federation
Name	Law on the Prosecutor's Office of the Russian Federation
Enacted	1992 (as amended)
Jurisdiction	Russia
Related legislation	Constitution of Russia, Criminal Procedure Code of Russia, Federal Constitutional Law on the Constitutional Court of the Russian Federation

Law on the Prosecutor's Office of the Russian Federation is a federal statute that defines the status, structure, powers and functions of the prosecutorial service in the Russian Federation. The statute interacts with the Constitution of Russia, the Criminal Procedure Code of Russia, and federal organs such as the President of Russia and the Government of Russia while shaping relations with regional entities like the Federation Council of Russia and the State Duma.

History and legislative development

The law emerged in the early post-Soviet period amid reforms associated with the Dissolution of the Soviet Union, legislative activity in the State Duma and constitutional adjudication by the Constitutional Court of the Russian Federation, reflecting debates involving actors such as Boris Yeltsin and legal scholars from Moscow State University and Saint Petersburg State University. Subsequent amendments were influenced by events including the Federal Constitutional Law on the Judicial System reforms, high-profile prosecutions connected to figures like Boris Berezovsky and Mikhail Khodorkovsky, and policy shifts during the administrations of Vladimir Putin and Dmitry Medvedev. International incidents such as the European Court of Human Rights jurisprudence and interactions with bodies like the United Nations and Interpol also contributed to legislative changes. Legislative revisions responded to institutional reviews by the Ministry of Justice of the Russian Federation, studies at the Higher School of Economics and critiques from non-governmental organizations including Memorial (organization) and Amnesty International.

Purpose and scope of the law

The statute articulates aims resonant with instruments like the Constitution of Russia, specifying the prosecutorial mandate to uphold laws enacted by the Federal Assembly (Russia), enforce provisions of the Civil Code of the Russian Federation and implement rules from the Criminal Code of Russia. It circumscribes the Prosecutor's Office’s competence over matters involving agencies such as the Investigative Committee of Russia, the Ministry of Internal Affairs of Russia, and regional prosecutor offices in subjects like Moscow and Saint Petersburg. The law frames prosecutorial interaction with supranational frameworks including the European Convention on Human Rights and international treaties ratified by the President of Russia.

Structure and powers of the Prosecutor's Office

Organizational arrangements follow a hierarchy connecting the Office of the Prosecutor General of Russia with subordinate entities including regional prosecutor offices, military prosecutor offices tied to the Ministry of Defence (Russia), and specialized units addressing corruption proximate to the Federal Security Service. Statutory powers align with procedural norms in the Criminal Procedure Code of Russia and permit supervisory functions over bodies such as the Federal Customs Service and the Federal Taxation Service. The law delineates jurisdictional boundaries vis-à-vis the Constitutional Court of the Russian Federation, administrative courts, and international judicial mechanisms exemplified by the European Court of Human Rights.

Appointment, tenure and oversight of prosecutors

Appointment procedures connect the Prosecutor General of Russia to the President of Russia and the Federation Council of Russia through nomination and confirmation mechanisms, while subordinate prosecutors are appointed within frameworks influenced by doctrines from institutions like Moscow State Law Academy and oversight practices modeled in other jurisdictions such as the United States Department of Justice. Tenure, dismissal and disciplinary procedures reference standards from the Constitution of Russia and administrative codes overseen by the Ministry of Justice of the Russian Federation and parliamentary bodies including the State Duma Committee on Legislation. Oversight mechanisms interact with judicial review by the Constitutional Court of the Russian Federation and scrutiny from international bodies like the Council of Europe.

Functions and duties (supervision, criminal prosecution, legal representation)

The law assigns core functions including legal supervision of enforcement by organs like the Investigative Committee of Russia, direction of criminal prosecution consistent with the Criminal Procedure Code of Russia, and representation of state interests before courts such as the Supreme Court of Russia and regional arbitration courts. Prosecutorial duties encompass oversight of legality in agencies like the Federal Penitentiary Service and enforcement of anti-corruption measures addressing matters involving entities like Rosneft and Gazprom when implicated. The statute also empowers prosecutors to initiate appeals in appellate forums including the Arbitration Court of the Moscow District and to submit cassation complaints to the Supreme Court of the Russian Federation.

Interaction with courts, government agencies and civil society

The law prescribes procedural coordination with courts exemplified by the Supreme Court of Russia and the Constitutional Court of the Russian Federation, administrative cooperation with ministries such as the Ministry of Health of the Russian Federation and the Ministry of Economic Development (Russia), and informational exchanges with institutions like the Central Election Commission (Russia) during electoral oversight. Engagement with civil society actors such as Human Rights Watch, academic centers at the Higher School of Economics, and public defenders linked to the Federal Chamber of Lawyers occurs within statutory limits, while litigation and advocacy interfaces involve entities like the European Court of Human Rights and domestic NGOs including SOVA Center.

Rights, immunities and accountability mechanisms

The statute defines prosecutorial privileges and immunities comparable to practices in other systems such as the United Kingdom and France while imposing limits through disciplinary procedures administered by bodies like the Prosecutor General's Office and judicial review at the Constitutional Court of the Russian Federation. Accountability is enforced via parliamentary instruments in the State Duma, investigative protocols involving the Investigative Committee of Russia, and public scrutiny from media outlets including RIA Novosti and Kommersant. International oversight modalities arise through submissions to the United Nations Human Rights Committee and cases before the European Court of Human Rights.

Category:Law of Russia