On Introducing Changes And Additions Into The Law Of The Russian Federation "on The Prosecutor's Office Of The Russian Federation"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О прокуратуре Российской Федерации"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102038234

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Russian Federation law "on the Prosecutor's Office of the Russian Federation" adopted by the State Duma on October 18, 1995 onwards (as amended by federal law from 05.06.2007 N 87-FZ) t s t b I 1. In connection with the adoption of the Constitution of the Russian Federation to amend the law of the Russian Federation "on the Prosecutor's Office of the Russian Federation" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 8, p. 366) changes and additions read as follows: "f e d e r a l s th w and c o n on the Prosecutor's Office of the Russian Federation section i. General provisions article 1. The Prosecutor's Office of the Russian Federation 1. The Prosecutor's Office of the Russian Federation-a single centralized system of federal bodies, carrying out on behalf of the Russian Federation, supervision of the enforcement of existing laws on its territory.
The Prosecutor's Office of the Russian Federation has other functions established by federal laws.
2. in order to ensure the rule of law, unity and strengthen the rule of law, protection of human and civil rights and freedoms, as well as the legitimate interests of society and the State Prosecutor of the Russian Federation carries out supervision over execution of laws: Federal departments and agencies, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local authorities, military authorities, supervisory bodies, their officials, as well as the constitutionality of laws issued by their legal acts;
supervision of the observance of human and civil rights and freedoms, federal departments and agencies representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local authorities, military authorities, supervisory bodies, their officials, as well as Governments and leaders of the commercial and non-commercial organizations;
supervision of the enforcement of the laws by conducting operatively-search activity, inquiry and preliminary investigation;
supervision of the execution of the laws by administrations, bodies and institutions enforcing penalties and court-appointed applying coercive measures, the administrations of places of detention and detainees;
prosecution in accordance with the powers established by the criminal procedure legislation of the Russian Federation; coordination of the activities of law enforcement agencies to combat crime.
3. prosecutors in compliance with procedural legislation of the Russian Federation to participate in the examination of cases by courts, are protesting against the law that judgements, verdicts, decisions and rulings.
4. the Office of the Procurator of the Russian Federation participates in lawmaking.
5. The Office of the Prosecutor General of the Russian Federation releases a Special Edition.
Article 2. International cooperation, the General Prosecutor of the Russian Federation within its field of competence carries out direct links with relevant bodies of other States and international organizations cooperating with them, concludes agreements on legal assistance and combating crime, involved in the development of international agreements of the Russian Federation.
Article 3. The legal bases of the activities of the Office of the Procurator of the Russian Federation, organization and order of activities of the Office of the Procurator of the Russian Federation and the powers of the prosecutors are determined by the Constitution of the Russian Federation, this federal law and other federal laws, international treaties of the Russian Federation.
The Prosecutor's Office of the Russian Federation cannot be entrusted with functions not covered by federal laws.
Article 4. Principles of organization and activity of the Procurator's Office of the Russian Federation 1. The Prosecutor's Office of the Russian Federation shall be a unified federal centralized system bodies (hereinafter referred to as the organs of the Procurator's Office) and institutions and is based on subordination of junior procurators and Prosecutor General of the Russian Federation.
2. The procuratorial authorities: exercise authority independently of the federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, public associations and in strict compliance with all applicable laws in the territory of the Russian Federation;
operate transparently to the extent not contrary to the legislation of the Russian Federation on protection of the rights and freedoms of citizens, as well as the legislation of the Russian Federation on State and other specially protected by law secret;
inform the federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, as well as the population of the State of the law.
3. Prosecutors and investigators of the Prosecutor's Office bodies (hereinafter referred to as the prosecutors and investigators) cannot be members elected and other bodies formed by bodies of State power and bodies of local self-government.

4. Prosecutors cannot be members of public associations pursuing political goals, and take part in their activities. The establishment and activity of public associations pursuing political goals, and their organizations in the organs and agencies of the Procurator's Office are not permitted. Prosecutors and investigators in its performance is not bound by decisions of public associations.
5. Prosecutors may not combine their core activities with other paid or pro bono activity, except teaching, research and creative work.
Article 5. Inadmissibility of interference in the exercise of supervision 1. The impact of any form of federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, public associations, the media, their representatives as well as officials at the Prosecutor or investigator with a view to influencing its decision taken or obstruction in any form its activities entail liability established by law.
2. the Prosecutor and the investigator are not obliged to give any explanations on the merits of their cases and materials, as well as provide them to anyone for consultation except in cases and manner prescribed by federal law.
3. No one may, without the permission of the Prosecutor to disclose materials of inspections and investigations conducted by the public prosecutor's Office, prior to their completion.
Article 6. Obligatoriness of execution of requirements of the Prosecutor 1. Prosecutor demands arising from its responsibilities listed in articles 22, 27, 30 and 33 of this federal law, shall be subject to the unconditional fulfillment of the deadline.
2. Statistical and other information, for information and copies of documents necessary for the discharge of the functions of the organs of the Procurator's Office, must be submitted upon request of the Prosecutor and the investigator.
3. Failure to comply with the requirements of the Prosecutor and the investigator, arising from their powers, as well as evasion of their call to entail liability established by law.
Article 7. The participation of prosecutors in the meetings of the federal legislative and executive authorities, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, bodies of local self-government 1. The Prosecutor General of the Russian Federation, his deputies and other prosecutors on their behalf shall be entitled to attend meetings of the Chambers of the Federal Assembly of the Russian Federation, their committees and commissions of the Government of the Russian Federation, representative (legislative) and executive bodies of the constituent entities of the Russian Federation and bodies of local self-government.
2. the Prosecutor of the Russian Federation, city, district, equated with them, their deputies and prosecutors on their behalf other prosecutors are entitled to attend the meetings of the representative (legislative) and executive bodies of the constituent entities of the Russian Federation and bodies of local self-government appropriate and lower levels.
3. the Prosecutor, his Deputy, as well as on behalf of other prosecutors are entitled to participate in the examination of their submissions and protests by federal bodies of executive power, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, bodies of local government, commercial and non-profit organizations.
Article 8. Coordination of activities to combat crime 1. The Prosecutor General of the Russian Federation and his subordinate prosecutors coordinate anti-crime activities of internal affairs bodies, bodies, bodies of the Federal Security Service, the tax police, customs service and other law enforcement agencies.
2. in order to ensure coordination of the activities of the organs referred to in paragraph 1 of this article, the Prosecutor shall convene coordination meetings, organizes working group seeks statistical and other information necessary to exercise other powers in accordance with the regulation on the coordination of the fight against crime, approved by the President of the Russian Federation.
Article 9. Participation in lawmaking, the Prosecutor when establishing in the exercise of their powers to the need to improve the existing normative legal acts shall have the right to make legislative and authorities having the right of legislative initiative, suitable and subdistrict proposals amending, abolishing the add-on or the adoption of laws and other normative legal acts.
Article 10. Consideration and resolution in prosecution of applications, complaints and other appeals 1. At the Prosecutor's Office in accordance with their powers allowed applications, complaints and other appeals, containing information about the violation of the laws. The decision taken by the Prosecutor, not impede a person for protection of their rights in court. Decision on the complaint to the verdict, decision, determination and ruling of the Court can only be appealed to a higher prosecutor.

2. the Procurator's Office Received applications and complaints, other treatment are dealt with in the manner and within the time limits established by the federal legislation.
3. Response to the statement, complaint and otherwise must be motivated. If an application or complaint is denied, the applicant must be explained to the Appeals decision, as well as the right to apply to court, if it is required by law.
4. the Prosecutor in accordance with the law shall take measures to hold accountable those who have committed offences.
5. it is prohibited to forwarding complaints to the body or official, or whose actions are appealed.
Section II. System and organization of the Office of the Procurator of the Russian Federation, Article 11. System of the Prosecutor's Office of the Russian Federation 1. System of the Prosecutor's Office of the Russian Federation make up the Office of the Prosecutor General of the Russian Federation, the public prosecutor's Office of constituent entities of the Russian Federation with equal military and other specialized prosecutor's offices, scientific and educational institutions, which are legal entities, as well as the Prosecutor's Office of cities and regions, other territorial, military and other specialized prosecutor's offices.
The General Prosecutor of the Russian Federation, the public prosecutor's Office of constituent entities of the Russian Federation, the public prosecutor's Office, related scientific and educational institutions have operational management objects of social and economic purpose.
2. education, reorganization, and abolishment of the organs and agencies of the Procurator's Office, the determination of their status and competencies are exercised by the Prosecutor General of the Russian Federation.
3. Establishment and activities in the territory of the Russian Federation, the public prosecutor's Office, are not included in the unified system of the Prosecutor's Office of the Russian Federation shall not be permitted.
Article 12. The appointment of the Prosecutor General of the Russian Federation 1. The Prosecutor General of the Russian Federation is appointed and dismissed by the Federation Council of the Federal Assembly of the Russian Federation on the recommendation of the President of the Russian Federation.
2. If the President of the Russian Federation proposed the candidacy for the post of the Prosecutor General of the Russian Federation does not receive the required number of votes of the members of the Federation Council, the President of the Russian Federation within 30 days to the Council of the Federation a new candidate.
3. in the absence of the Prosecutor General of the Russian Federation or in the event of failure to perform his duties to his Deputy, duties and in the absence of the Prosecutor General of the Russian Federation and his first Deputy, or impossibility of performance of their duties is one of the deputies of the Prosecutor General of the Russian Federation in accordance with a fixed distribution of duties between the deputies.
4. the term of Office of the Prosecutor General of the Russian Federation for five years.
5. communication concerning the appointment of the Prosecutor General of the Russian Federation for the post and to release him from Office shall be published in the press.
6. The Prosecutor General of the Russian Federation submits to the Chambers of the Federal Assembly of the Russian Federation and the President of the Russian Federation report on the State of law and order in the Russian Federation and on the work done to strengthen them.
Article 13. The appointment of prosecutors at the post, their subordination and grounds for dismissal of 1. Procurators of constituent entities of the Russian Federation shall be appointed to Office for a term of five years by the Prosecutor General of the Russian Federation in consultation with State authorities of the constituent entities of the Russian Federation, determined by the constituent entities of the Russian Federation.
Procurators of constituent entities of the Russian Federation are subordinated and accountable to the Attorney-General of the Russian Federation and dismissed him from his post.
2. urban and regional Prosecutors prosecutors specialized prosecutors shall be appointed to Office for a term of five years and dismissed by the General Prosecutor of the Russian Federation are subject to and are accountable to a higher prosecutors and Prosecutor General of the Russian Federation.
3. During the term of Office of the Prosecutor can be dismissed: by choice;
due to resignation;
in connection with the transfer to another job;
in connection with the inability to perform the duties for health reasons;
According to the results of attestation;
in the case of an offence established by entered into legal force court verdict;
on other grounds stipulated by the legislation of the Russian Federation on labour.
4. communications concerning the appointment of prosecutors at the post and release them from Office shall be published in the press.
Article 14. The General Prosecutor of the Russian Federation 1. The Office of the Prosecutor General of the Russian Federation is headed by the Prosecutor General of the Russian Federation.
2. The Prosecutor General of the Russian Federation has first Deputy and other deputies, appointed and dismissed by the Federation Council of the Federal Assembly of the Russian Federation of the Procurator General of the Russian Federation.

3. In the Office of the Prosecutor General of the Russian Federation formed a bench of the Prosecutor General of the Russian Federation (Chair), his first Deputy and other deputies (ex officio), other prosecutors, appointed by the Prosecutor General of the Russian Federation.
4. Structure of the Procurator General of the Russian Federation make up the main office, departments and units (on the rights of the offices, consisting of offices). Chiefs of the general directorates, directorates and divisions on rights offices are senior aides, and their deputies and heads of departments, consisting of offices-assistants of the General Prosecutor of the Russian Federation. The Prosecutor General of the Russian Federation also has advisers and assistants for special assignments. Roving assistants also have his deputies.
In the main offices, departments and divisions shall be established by senior prosecutors and prosecutors, senior prosecutors and prosecutors, forensic Criminology, as well as senior investigator for particularly important cases and investigator for particularly important cases and their assistants.
Chiefs of the general directorates, directorates and divisions, and their alternates, advisers to the Prosecutor General of the Russian Federation, the Assistant Attorney-General for Special Affairs of the Russian Federation and his deputies, senior prosecutors and prosecutors offices and divisions, senior prosecutors and prosecutors-criminal lawyers-criminal lawyers, as well as senior investigators for particularly important cases and for particularly important cases of the investigators and their assistants are appointed and dismissed by the General Prosecutor of the Russian Federation.
5. the Procurator General of the Russian Federation includes subdivision main military prosecutor's Office, headed by the Deputy Prosecutor General of the Russian Federation, the Chief Military Prosecutor.
6. In the Office of the Prosecutor General of the Russian Federation has a Scientific Advisory Board to consider matters related to the Organization and activities of the organs of the Procurator's Office. Statute of the Scientific Advisory Board shall be approved by the Attorney-General of the Russian Federation.
Article 15. The Prosecutor's Office of Russian Federation subjects, related public prosecutor 1. The Prosecutor's Office of constituent entities of the Russian Federation with equal military and other specialized prosecutor's Office headed by the relevant prosecutors, who have the first deputies and deputies appointed by the Prosecutor General of the Russian Federation.
2. Selected subjects of the Russian Federation, equated to military and other specialized prosecution offices formed the College, consisting of the Prosecutor of the Russian Federation (Chair), his first Deputy and other deputies (ex officio) and other prosecutors, appointed by the Attorney General of the Russian Federation.
3. Selected subjects of the Russian Federation, equated to military and other specialized prosecution offices formed departments and units (on the rights of the offices, consisting of offices). Chiefs of managements and departments on the rights of the offices are senior aides, and their deputies and heads of departments, consisting of offices-assistants, procurators of constituent entities of the Russian Federation, they are appointed to their posts and dismissed from their posts.
In these prosecution offices are established by senior aides and assistants to the Prosecutor, senior prosecutors and prosecutors offices and divisions, senior prosecutors and prosecutors, forensic Criminology, as well as for particularly important cases of the investigators and senior investigators and their assistants who are appointed and dismissed by the procurators of constituent entities of the Russian Federation. Procurators of constituent entities of the Russian Federation and equal to them, prosecutors may have appointed them to Office and exempt them from roving assistants.
Article 16. The Prosecutor's Office of cities and districts of equal status of the Prosecutor's Office of public prosecutor of cities and districts of equal military and other specialized prosecutor's Office headed by the relevant prosecutors. In these prosecution offices are established the post of Deputy, deputies, senior aides and assistant prosecutors, senior prosecutors, forensic experts, prosecutors, forensic experts, as well as senior investigators and investigators (selected cities-investigator for particularly important cases) and their assistants, appointed and dismissed by the procurators of constituent entities of the Russian Federation, equated to prosecutors.
By the decision of the Prosecutor General of the Russian Federation selected towns and districts and equated to prosecutors ' offices may be formed divisions.
Article 17. The powers of the Prosecutor General of the Russian Federation on the management system of the Prosecutor's Office of the Russian Federation

1. The Prosecutor General of the Russian Federation is headed by the Procurator of the Russian Federation, the system issues a mandatory for all workers of organs and agencies of the Prosecutor's Office orders, directives, orders and instructions governing the Organization of the system of the Prosecutor's Office of the Russian Federation and the procedure for implementing measures of material and social security of these workers.
2. The Prosecutor General of the Russian Federation within the allocated staff numbers and payroll sets States and structure of the Procurator General of the Russian Federation defines the powers of the departments, sets the nominal size and structure of subordinate bodies and agencies of the public prosecutor's Office.
3. The Prosecutor General of the Russian Federation to appoint and dismiss Directors (rectors) scientific and educational institutions of the Russian Federation Prosecutor's Office and their deputies.
4. The Prosecutor General of the Russian Federation shall be responsible for carrying out the tasks entrusted to the procuratorates this federal law.
Article 18. Powers of procurators of constituent entities of the Russian Federation, equated to prosecutors to guide subordinate prosecutors, procurators of constituent entities of the Russian Federation, related, prosecutors supervise the activities of the prosecution offices of cities and regions, other equated to prosecutors on the basis of laws in force in the territory of the Russian Federation, and of the normative acts of the Prosecutor General of the Russian Federation have orders, instructions, orders, mandatory for all subordinate employees, can make changes in staffing its vehicles and subordinate prosecutors within size and payroll established by the Prosecutor General of the Russian Federation.
Article 19. Powers of the prosecutors of cities with district division in the leadership of subordinate prosecutors Prosecutors cities with district dividing the district and supervise the activities of similar prosecutions, make superior prosecutors proposals for changes in the staffing of their subordinate units and prosecutors ' offices, the personnel changes.
Article 20. The College, the Prosecutor's Office of the College in the Prosecutor's Office are the deliberative bodies. On the basis of decisions of the boards of the relevant prosecutors issuing orders.
Section III. Prosecutorial supervision Chapter 1. Supervision over execution of laws Article 21. The object of supervision 1. The subject of oversight is law enforcement by federal ministries and departments, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local authorities, military authorities, supervisory bodies, their officials, as well as compliance with laws issued by their legal acts.
2. in the exercise of supervision over law enforcement bodies of the Procurator's Office are not a substitute for other public bodies. Verification of compliance with the law are conducted on the basis of information provided to the Prosecutor's Office bodies information about the facts of law violations requiring action by the Prosecutor.
Article 22. The power of the Prosecutor 1. The Prosecutor in executing its mandated functions, the right to: upon presentation of i.d. to enter freely the territory and premises of the organs referred to in paragraph 1 of article 21 of this federal law, have access to their documents and materials to verify the enforcement of laws in relation to the organs of the Procurator's Office received information on violations of the law;
hold managers and other officials of these bodies provide the required documents, papers, statistics and other information; selection of specialists to clarify the issues raised; checks according to organs of the Procurator's Office and appeals, audits of controlled or their organizations;
officials and citizens call for explanations about the violations of the laws.
2. the public prosecutor or his Deputy on the grounds established by law, criminal proceedings or proceedings on administrative violation, requires persons in conflict with the law, other statutory responsibilities.
3. the public prosecutor or his Deputy, in case a violation of the law bodies and officials referred to in paragraph 1 of article 21 hereof: releases its Decree, persons unlawfully held in administrative detention on the basis of decisions of non-judicial bodies;
protests against the law, legal acts, the competent court or arbitral tribunal demanding the recognition of such acts null and void;
making a presentation about elimination of infringements of the law.
4. the officials referred to in paragraph 1 of article 21 of this federal law, shall be obliged to implement the requirements of the Prosecutor or his Deputy on the inspections and audits immediately.
Article 23. The protest of the Prosecutor

1. the public prosecutor or his Deputy brings the appeal was contrary to the law, legal act or official body that issued this Act or requested the court procedure in the manner prescribed by the legislation of the Russian Federation.
2. the appeal shall be subject to obligatory consideration not later than within ten days from the moment of its receipt and, in the case of swearing to protest at the decision of the representative (legislative) body of a constituent entity of the Russian Federation or of the local self-administration bodies-at the next meeting. When exceptional circumstances requiring the immediate elimination of violations of the law, the Prosecutor has the right to set a shorter deadline for the consideration of the protest. The protest shall be notified without delay to the Prosecutor in writing.
3. When considering the protest on the day of the meeting of the collegial body reported to the Prosecutor, he protested.
4. The protest until its consideration can be withdrawn brought his face.
Article 24. View the Prosecutor 1. Presentation about elimination of infringements of the law is made by the Prosecutor or his Deputy in the body or official who is empowered to remedy violations, and must be urgently addressed.
Within one month from the date of submission must be translated into concrete measures to eliminate violations of the law, their causes and conditions contributing to them; on the outcome of measures taken must be communicated in writing to the Prosecutor.
2. in considering the submission of a collegiate body of the Prosecutor reports on the day of the meeting.
3. In case of inconsistency between the regulations of the Government of the Russian Federation, the Constitution of the Russian Federation and laws of the Russian Federation of the Prosecutor General of the Russian Federation shall inform the President of the Russian Federation.
Article 25. The ruling of the Prosecutor 1. The Prosecutor, depending on the nature of the violations of the law by an official reasoned decision regarding the institution of criminal proceedings or for the production of administrative offence.
2. the decision of the Prosecutor to commence an administrative offense subject to consideration by a competent body or official within the term established by law. About the results of the examination shall be communicated in writing to the Prosecutor.
Chapter 2. Supervision of the observance of human and civil rights and freedoms, article 26. The object of supervision 1. The subject of oversight is the observance of the rights and freedoms of man and citizen federal ministries and departments, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local authorities, military authorities, supervisory bodies, their officials, as well as Governments and leaders of the commercial and non-commercial organizations.
2. The organs of the Procurator's Office are not a substitute for other public bodies and officials who supervise the observance of human and civil rights and freedoms shall not interfere in the economic activities of organizations.
Article 27. The power of the Prosecutor 1. In executing its mandated functions, the Prosecutor: examines and verifies applications, complaints and other communications about the violation of human and civil rights and freedoms;
explains the procedure to victims to protect their rights and freedoms;
take action to prevent and suppress violations of human and civil rights and freedoms, prosecute offenders and reparation;
uses powers under article 22 hereof.
2. When there are grounds to believe that a violation of human rights and freedoms is of the nature of the crime, the Prosecutor initiates criminal proceedings and taking steps to ensure that its perpetrators were prosecuted in accordance with the law.
3. In cases where the violation of the rights and freedoms of man and citizen has the character of administrative offence, the Prosecutor initiates the production of administrative offence or immediately sends a message about the offence and material verification body or official, which are competent to hear cases of administrative offences.
4. in case of violation of human and civil rights and freedoms protected in civil proceedings when the victim due to health, age or is otherwise unable to personally defend in court or Arbitration Court of his rights and freedoms have been infringed, or where the rights and freedoms of a significant number of citizens or because of other circumstances, violation of has taken on particular social importance, the Prosecutor presents and maintains in court or arbitration court in the interests of the victims.
Article 28. Protest and representation of the public prosecutor or his Deputy Prosecutor brings protest act that violates the rights of man and citizen in the body or official that issued the Act or court procedure in the manner prescribed by the legislation of the Russian Federation.

View on eliminating violations of the rights and freedoms of man and citizen is made by the Prosecutor or his Deputy in the body or official who is empowered to remedy the violation suffered.
Protests and representations shall be made and dealt with in the manner and within the time limits established in articles 23 and 24 of this federal law.
Chapter 3. Supervision of the enforcement of the laws by conducting operatively-search activity, inquiry and preliminary investigation, article 29. Subject the subject of oversight oversight is the observance of human and civil rights and freedoms established by the solve order of statements and messages on committed crimes and execution of operatively-search actions and investigation, as well as the legality of decisions made by bodies conducting operatively-search activity, inquiry and preliminary investigation.
Article 30. The power of the Prosecutor 1. The Prosecutor's powers to oversee the execution of the laws by conducting operatively-search activity, inquiry and pre-trial investigation shall be established by the criminal procedure legislation of the Russian Federation and other federal laws.
2. Specify the General Prosecutor of the Russian Federation on the preliminary investigation and inquiry, not requiring legislative regulation, are binding.
(Repealed in part in the new wording of article 31-the Federal law from 05.06.2007 N 87-FZ), Chapter 4. Supervision of the execution of the laws by administrations, bodies and institutions enforcing penalties and court-appointed enforcement measures, the administrations of places of detention and detainees, article 32. Subject the subject of oversight oversight are: legality of finding persons in places of detention, pre-trial detention, re-education through labour and other bodies and institutions, penal and coercive measures, appointed by the Court;
compliance with the legislation of the Russian Federation the rights and duties of detainees in custody, convicts and persons subjected to measures of a coercive nature, order and their conditions of detention;
the legality of the execution of the penalty, not associated with imprisonment.
Article 33. The power of the Prosecutor 1. When exercising supervision over the implementation of laws, the Prosecutor may: visit at any time of the bodies and agencies referred to in article 32 of this federal law;
interview of detainees in custody, convicts and persons subjected to coercive measures;
get acquainted with the documents on the basis of which those persons arrested, detained, prosecuted, convicted or subjected to measures of a coercive nature, with operational materials;
demand from the Administration to create conditions that ensure the rights of arrested, detained and convicted persons subjected to coercive measures, to check the consistency of the legislation of the Russian Federation orders, instructions, ordinances administration bodies and agencies referred to in article 32 of this federal law, to demand an explanation from the officials, making protests and submission, initiate criminal proceedings or the production of administrative offences. Before considering the protest action protesting the Act administration suspended institutions;
cancel a disciplinary punishment imposed in violation of the law on the detainees, convicts, immediately release them by Decree from the penalty isolator, type facility, punishment, solitary confinement, the disciplinary isolator.
2. the public prosecutor or his Deputy must immediately release its decision each contained without a legal basis in institutions for the enforcement of penalties and coercive measures, or in violation of the law subjected to detention, pre-trial detention or placed in forensic psychiatric institution.
Article 34. Obligatoriness of execution of orders and the demands of the Prosecutor Prosecutor's regulations and requirements regarding the execution of the statutory order and conditions of detention in custody, convicts, persons subjected to coercive measures or placed in psychiatric institutions, enforceable by the Administration, as well as bodies implementing sentences against persons convicted to a sentence not involving loss of liberty.
Section IV. Participation of the Prosecutor in cases before the courts, article 35. Participation of the Prosecutor in cases before the courts 1. The Prosecutor involved in cases before the courts in cases stipulated by the procedural law of the Russian Federation and other federal laws.
2. in criminal proceedings in the Court, the Prosecutor acts as public prosecutor.
3. the Prosecutor in accordance with the procedural legislation of the Russian Federation shall have the right to go to court or to intervene in any stage of the process, if this is necessary for the protection of citizens ' rights and legally protected interests of society or the State.

4. the powers of the Prosecutor participating in the proceedings are determined by the procedural law of the Russian Federation.
5. The Prosecutor General of the Russian Federation in accordance with the legislation of the Russian Federation participates in the meetings of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation.
6. The Prosecutor General of the Russian Federation shall have the right to appeal to the Constitutional Court of the Russian Federation on the question of violation of the constitutional rights and freedoms of citizens, the law applied or to be applied in a particular case.
Article 36. Appealing court decisions 1. The Prosecutor or his Deputy within its competence in the higher court of Cassation brings or the private protest to unlawful or unfair decision, verdict, finding or order of the Court. Assistant Prosecutor, public prosecutor, public prosecutor of the Department of management can bring the protest only in a case in which they participated.
2. the public prosecutor or his Deputy, irrespective of participation in the proceedings may, within the limits of their competence to seek from the Court any case or class of cases in which the decision sentence definition or decree entered into force. In finding that the decision, the sentence or the ruling is unlawful or unfounded, the Prosecutor brings protest by way of supervision or drawn with the presentation to a senior procurator.
3. The appeal the judge's decision in the case of an administrative offence may be brought by the public prosecutor of the city of superior, district, and Deputy Prosecutor.
Article 37. Review of protest to Protest the decision, determination or order of the Court before it is taken into consideration by the Court may be revoked by the Prosecutor, have protested.
Article 38. Suspension of execution of the sentence until such time as the Prosecutor General of the Russian Federation or his Deputy in protest at the sentence, which as a punishment to the death penalty, suspend its execution.
Article 39. Idea of giving courts the explanation the Prosecutor General of the Russian Federation shall have the right to request the plenum of the Supreme Court of the Russian Federation, the Presidium of the higher Arbitration Court of the Russian Federation with the ideas about giving the courts of the judicial explanation of civil, arbitration, criminal, administrative and other cases.
Section v. Frames of organs and agencies of the Prosecutor's Office Article 40. Requirements for persons appointed to the posts of prosecutors and investigators 1. Prosecutors and investigators may be citizens of the Russian Federation, having the higher juridical education and possess the necessary professional and moral qualities, able for health reasons, to carry out the duties assigned to them. When their appointment can be installed a trial period of up to six months. The assistant prosecutors and investigators from the prosecutors ' offices, cities and districts, equated to prosecutors in exceptional cases may be assigned to persons studying in educational institutions of higher professional education in the legal profession.
The person first appointed to the post, takes the oath of Office of the Prosecutor (the investigator): "Dedicating yourself to the service of Law, I solemnly swear: Holy respect the Constitution of the Russian Federation, laws and international obligations of the Russian Federation, without the slightest deviations from them;
implacably fight with any violations of the law, whomsoever committed, achieve high efficiency of the Prosecutor and the pre-trial investigation;
actively protect the interests of the individual, society and the State;
responsive and attentive to the proposals, statements and complaints made by citizens, the objectivity and fairness in resolving the fates of the people;
strictly keep state and other secrets protected by law;
constantly improve their skills, cherish its professional honor, be a model of integrity, moral purity, modesty, cherish and develop the best traditions of the Procuracy.
I am aware that violation of the oath is incompatible with further stay in the Prosecutor's Office ".
The procedure for taking the oath of Office of the Prosecutor (the investigator) is established by the Prosecutor General of the Russian Federation.
Persons studying in educational institutions of higher vocational education of law fees the Attorney-General of the Russian Federation, must, in accordance with their contracts worked out at the Prosecutor's Office for at least five years. Dismissal of prosecution authorities prior to the expiration of the time limit, except in cases of dismissal on health grounds, in connection with a call to active military service, the dismissal of a woman with a child of up to eight years, in connection with the liquidation of the authority of the public prosecutor or the reduction of the number of employees, these persons are fully reimbursed for the cost of their training.
2. The Office of the Prosecutor of the city, district, equated the prosecutors appointed by persons not younger than 25 years old, with the work experience of Prosecutor or investigator in the Prosecutor's Office for at least three years.

3. For posts of prosecutors of the subjects of the Russian Federation, equated the prosecutors appointed by persons not younger than 30 years old, with the work experience of Prosecutor or investigator in the Prosecutor's Office for at least five years.
Article 41. The ranks of prosecutors 1. Prosecutors and investigators, the scientific and pedagogical workers of scientific and educational institutions of the system of the Prosecutor's Office of the Russian Federation (hereinafter referred to as the scientific and pedagogical workers) are assigned in accordance with their positions and seniority ranks. The Prosecutor General of the Russian Federation may be assigned ranks and other members of the organs and agencies of the public prosecutor's Office.
2. The procedure of conferring ranks is determined by the class ranks of prosecutors, as approved by the President of the Russian Federation.
3. certification shall be prosecutors in the manner determined by the General Prosecutor of the Russian Federation.
Article 42. How prosecutors and investigators to the criminal and administrative liability 1. Any audit reports of the offence committed by the Prosecutor or the investigator of the Prosecutor's Office bodies, initiation of criminal proceedings against them (except when the Prosecutor or investigator caught in the Commission of the offence), the investigation are the exclusive competence of the organs of the Procurator's Office.
During the investigation against Prosecutor or investigator in the criminal case, they shall be removed from Office.
2. Not permitted detention, drive, personal examination of the Prosecutor and the investigator, searched their belongings and their transport to be used, except as provided by federal law to ensure the security of other persons, as well as flagrante delicto.
Article 43. Regulation of labour relations in the organs and agencies of the public prosecutor's Office 1. Labour relations are regulated by the prosecutors of the labour legislation of the Russian Federation and the regulation on the service in the organs and agencies of the Procurator's Office of the Russian Federation, approved by the State Duma of the Federal Assembly of the Russian Federation.
Labour relations other personnel from organs and agencies of the public prosecutor's Office shall be governed by the laws of the Russian Federation on labour.
2. For long and meritorious service prosecutors may be awarded by the Prosecutor General of the Russian Federation a breastplate "honorary worker of the Prosecutor's Office of the Russian Federation" fixed sample with the simultaneous awarding of them mentions of the Prosecutor General of the Russian Federation. Presentation to the breastplate "honorary worker of the Prosecutor's Office of the Russian Federation" is defined by the Prosecutor General of the Russian Federation.
3. the decisions of the heads of the organs and agencies of the Procurator's Office of labour may be appealed to a higher court or prosecutors.
Article 44. Material and social security of prosecutors 1. Salaries of prosecutors shall consist of base salary, supplements for rank, seniority, special conditions of work, the percentage for the degree, cash awards (Award) based on the work results for the quarter and year, the value of the food ration (if it is not granted in kind).
The salaries of prosecutors shall be fixed as a percentage of the official salary of the Prosecutor General of the Russian Federation, which makes up 98 percent of the salary of the President of the Supreme Court of the Russian Federation.
The Government of the Russian Federation establishes the size of supplements for rank in relation to official salary and yearly supplements for seniority-in salaries, including surcharges for rank.
Interest surcharges for degree candidates and doctors of Sciences are paid accordingly in size 5 and 10 per cent of salary.
Cash awards of prosecutors on the work results for the quarter and year, as well as the remuneration of professionals, employees and workers of organs and agencies of the Procurator's Office are determined by the norms established for employees of the Executive branch.
2. Prosecutors and investigators, scientific and pedagogical workers with ranks are provided free uniform uniforms in order and according to the rules that are established by the Government of the Russian Federation.
3. Prosecutors and investigators, the scientific and pedagogical workers with titles shall be granted annual paid leave of 30 calendar days without taking into account the time of journey to a place of rest and back with the payment of the cost of travel within the territory of the Russian Federation.
Prosecutors and investigators working in areas with severe and adverse climatic conditions, annual paid leave is granted according to the rules established by the Government of the Russian Federation, but not less than 45 calendar days.
Additional annual paid leave for work experience as a prosecutor or investigator, scientific or pedagogical worker is available: after 10 years-5 calendar days;
After 15 years, 10 calendar days;
After 20 years, 15 days.

4. Pensions for prosecutors and investigators, scientific and pedagogical workers with ranks, and members of their families shall be carried out in relation to the conditions, rules and procedures established by the legislation of the Russian Federation for persons held in the military service in internal affairs bodies, and their families.
Prosecutors and investigators, the scientific and pedagogical workers with ranks, dismissal on pension seniority or disability, as well as for health reasons or in connection with the organizational and staffing activities when you have the right to this pension is paid a lump sum for the full years seniority: less than 10 calendar years-5 monthly salaries with surcharge for rank;
from 10 till 15 years-10 monthly salary with an additional charge for rank;
from 15 to 20 calendar years inclusively-15 monthly salaries with surcharge for rank;
more than 20 calendar years-20 monthly salary with an additional charge per rank.
A lump sum at termination of the said persons in connection with the Commission of discrediting their deeds are not paid.
Prosecutors and investigators, the scientific and pedagogical workers eligible for retirement for longevity can be set monthly cash allowance content ranging from 25 to 50 per cent of the pension which could be assessed.
5. Prosecutors and investigators, scientific and pedagogical workers with ranks, is entitled to free use of identity at the business on the territory of the Russian Federation by all modes of public transport, urban, suburban and local messages (except taxi), in rural areas, any associated transport, and workers of the transport Prosecutor's offices within the served sites-all modes of rail, River, sea, air transport, irrespective of their departmental affiliation; When the direction of travel, they have the right to receive priority booking and hotel reservation and purchase of travel documents for all modes of transport.
Prosecutors, translated into permanent employment in another locality, the costs of removal and relocation of their families are reimbursed in full.
6. the organs of executive power of the constituent entities of the Russian Federation and local government authorities are required to provide prosecutors and investigators assigned to the post, as well as those in need of better housing, better accommodation in the form of a private apartment or House in State or municipal housing as a matter of priority, but not later than six months, regardless of the length of their residence in the locality.
Prosecutors and investigators are entitled to additional living space.
Prosecutors and investigators are entitled to compensation for costs associated with recruiting (podnajmom) residential premises before granting them dwelling in the prescribed manner for permanent residence.
Occupied by the prosecutors and investigators in State-owned and municipal housing stock in case of their release are provided to other prosecutors and investigators who need better housing.
With the consent of prosecutors and investigators to them instead of dwelling shall be issued out of the federal budget, interest-free loan for the purchase or construction of housing, which is repaid from the same funds, subject to their work at the Prosecutor's Office in the area of not less than 10 years.
7. Prosecutors and investigators, the scientific and pedagogical workers with the ranks of resident and their family members shall be granted 50% discount in paying for accommodation in houses of State and municipal housing funds, including living in privatized residential areas, as well as a 50-percent discount in payment of all public utilities (electricity, gas, central heating, water supply and others), phone regardless of the type of housing.
In premises occupied by the prosecutors and investigators in an extraordinary procedure is established at the expense of the local budget phone. In the same manner provided places in childcare centres, boarding schools, summer recreational centers for children of prosecutors and investigators.
8. Health care (including drugs) of organs and agencies of the Procurator's Office and the surviving members of their families is financed from the federal budget.
9. workers of the organs and agencies of the public prosecutor's Office after retirement enjoy under this federal law, rights and benefits, including medical care in hospitals, in which they were registered.
Article 45. Legal and social protection of prosecutors and investigators 1. Prosecutors and investigators, as public authorities, are under the special protection of the State. Under the same protection of their close relatives, and in exceptional cases also other persons to life and health which is committed assault with the aim of preventing the legitimate activities of prosecutors and investigators, as well as their property.

The procedure and conditions for the implementation of the State protection of prosecutors and investigators are determined by the Federal law "on State protection of judges and law-enforcement and controlling bodies", as well as other normative legal acts of the Russian Federation.
Prosecutors and investigators, the burial of the dead (dead) in connection with the performance of his duties, and also dismissed from the service of prosecutors and investigators who died as a result of bodily injury or other harm to health in connection with the performance of official duties, shall be carried out at the expense of funding for procuratorial organs.
2. Prosecutors and investigators are entitled to permanent possession of restricted firearms, special tools and their application in the manner prescribed by the law of the RSFSR "on militia".
3. Prosecutors and investigators are subject to obligatory State personal insurance at the expense of the federal budget to an amount equal to 180 times the size of their average monthly salaries.
4. the State insurance Bodies pay sums in the following cases: death (death) of the Prosecutor or investigator during work or after dismissal, if it occurred as a result of injury or other harm to health in connection with their work, their heirs in an amount equal to 180 times the size of the average monthly salaries of the Prosecutor or investigator;
inflict the Procurator or investigator in connection with their performance of injuries or other harm, excluding a further opportunity to engage in professional activities, in an amount equal to 36 times the size of their average monthly salaries;
inflict the Procurator or investigator in connection with their service-related injuries or other harm, not causing persistent disability, without affecting the ability to engage in professional activities in future, in an amount equal to 12 times the size of their average monthly salaries.
In the case of Prosecutor or investigator in connection with their performance of injuries or other harm, excluding a further opportunity to engage in professional activities, they will be paid on a monthly basis as the difference between their average monthly monetary content and therefore appointed pension excluding payments received under compulsory State personal insurance.
In case of loss (death) of the Prosecutor or investigator in connection with the performance of his duties, and also dismissed from the service of Prosecutor or investigator, died as a result of bodily injury or other harm to health in connection with the performance of official duties, disabled members of their families who were their dependants, compensation is paid on a monthly basis as the difference between the prihodivshejsja they were part of the salaries of the deceased (deceased) and assigned them to a survivor pension excluding amounts received under compulsory State personal insurance. To determine this part of salaries to the average monthly salaries of the deceased (decedent) is divided by the number of members of the family who were dependent on him, including able-bodied.
For the family of the deceased (decedent) is eligible for improved dwelling conditions and grounds that occurred at the time of death (death) the Prosecutor or the investigator.
Damage caused by the destruction or damage of property belonging to the Prosecutor or the investigator or their family members in connection with their official duties, shall be reimbursed to them or their families in full, including loss of profits, in the prescribed manner.
5. Grounds for refusing payment of the sums insured and compensations in cases provided for in this article is only a sentence or order of a court in respect of a person found guilty of death (death) the Prosecutor or the investigator, causing them bodily harm or destruction of or damage to contingent-owned equipment, which found that these events are not related to their work.
Section VI. Peculiarities of organization and support the activities of the military procuratorial bodies Article 46. The military prosecutor's Office 1. The structure of the military prosecutor's Office are: the main military prosecutor's Office; Public Prosecutor of the military districts, groups of forces, fleets, the Prosecutor's Office of the strategic rocket forces, the Prosecutor's Office of the Russian Federal border service and public prosecution of other troops, equal to prosecutors of constituent entities of the Russian Federation; garrison prosecutor's Office, associations and connections, similar to public prosecutors ' offices of cities and regions (hereinafter referred to as the military procuratorial bodies).
2. The military prosecutor's Office is headed by the Deputy Prosecutor General of the Russian Federation, the Chief Military Prosecutor.
3. The structure and staffing of the military prosecutor's Office sets the Prosecutor General of the Russian Federation.

4. Its powers are exercised by military procurators in the armed forces of the Russian Federation, other troops and military formations established in accordance with the federal laws.
Article 47. The powers of the military prosecutors, the Chief Military Prosecutor and his subordinate procurators have the power within its competence, established by this federal law, and exercise them regardless of the command and the military administrative bodies in accordance with the legislation of the Russian Federation.
Military prosecutors are also entitled to participate in the meetings of the panels:, military councils, official meetings of the organs of military management;
assign external auditing and verification, the cost of which is reimbursed by order of the Prosecutor, where military authorities are on the payroll of the audited units and institutions;
require ensuring the safety, maintenance and guarding of persons on the military and garrison centres, in other places of detention and detainees, military units, respectively, the military post, sentries on a convoy of Interior troops, internal affairs bodies and agencies;
immediate release of the gauptvaht, and other places of detention and detainees are there illegally.
Article 48. Footage of military procuratorial bodies 1. The post of military prosecutors and investigators are assigned to officers performing contractual military service or call and meet the requirements of article 40 of this federal law.
2. the decision of the Prosecutor General of the Russian Federation or with his consent for the posts of military prosecutors and investigators may be assigned to civilians.
3. The Deputy Prosecutor General of the Russian Federation, the Chief Military Prosecutor is appointed to and dismissed from Office in the manner prescribed by article 14, paragraph 2 hereof, for a period of five years. The Chief Military Prosecutor is subject to and is accountable to the Attorney-General of the Russian Federation.
4. Military prosecutors are appointed for a term of five years and dismissed by the General Prosecutor of the Russian Federation are subject to and are accountable to a higher prosecutors and Prosecutor General of the Russian Federation.
5. the Deputy Chief Military Prosecutor, heads of departments and divisions of the main military prosecutor's Office and their deputies, as well as alternates prosecutors military districts and groups of forces, fleets, equated to prosecutors are appointed and dismissed by the General Prosecutor of the Russian Federation.
6. other prosecutors and investigators from the Chief Military Prosecutor's Office are appointed and dismissed by the Chief Military Prosecutor.
7. prosecutors military districts, fleets, troops groups similar prosecutors appointed to Office and release from Office of military prosecutors and investigators in their administrations and subordinate prosecutors ' offices.
8. the officers of the military procuratorial bodies have the status of military personnel are serving in the armed forces of the Russian Federation, other troops and military formations in accordance with the law of the Russian Federation "on military conscription and military service" and have rights and benefits established by law of the Russian Federation regarding the status of military servicemen ".
Call and citizens to military service military procurators, their dismissal and resignation shall be made on presentation of the Chief Military Prosecutor.
9. the Office of the military prosecutors and investigators and their corresponding military ranks are included in lists of military posts.
10. Assigning military ranks military prosecutors and investigators is made on presentation of the relevant military prosecutor in accordance with the procedure established for military personnel.
Military ranks of higher officers are assigned to the President of the Russian Federation of the Procurator General of the Russian Federation.
Military ranks of officers of the military prosecutor's Office comply with the coolest reasons prosecutors of territorial prosecutor's Office bodies.
11. Certification of military prosecutors and investigators is made in accordance with the procedure set out by the Prosecutor General of the Russian Federation for all prosecutors, taking into account the characteristics of military service.
Military prosecutors and investigators taking into account professional experience and qualifications are assigned to qualifying classes as prescribed by the General Prosecutor of the Russian Federation.
12. Military prosecutors and investigators are encouraged and are subject to disciplinary action in accordance with the disciplinary statute of the armed forces of the Russian Federation. The right to the promotion and imposition of penalty only have superior prosecutors.
13. The number of troops and civilian personnel persons military procuratorial organs are allocated at the expense of, respectively, the armed forces of the Russian Federation, other troops and military formations. The strength of military procuratorial organs shall be included in the personnel of the armed forces of the Russian Federation, other troops and military formations.
Article 49. Material and social security

soldiers and officials of the military prosecutor's Office 1. The armed forces military procuratorial bodies subject to the law of the Russian Federation, establishing the legal and social guarantees, retirement, medical and other kinds of security troops.
2. payment of allowance to military prosecutors and investigators is made by the Ministry of defence of the Russian Federation, commanded by other troops and military formations established for military standards. Military prosecutors and investigators to take account of the special nature of the service shall be paid an allowance in the amount of 50 per cent of salary.
3. civilian personnel, non-military prosecutors and investigators are paid bonuses for qualifying categories in the manner and amount prescribed by the Ministry of defence of the Russian Federation, other troops and military formations.
Article 50. Funding and logistical support to the military prosecutor's Office 1. Financing of the military procuratorial bodies is carried out according to the Ministry of defence of the Russian Federation, other troops and commanders of military forces at the expense of their allocated funds for these purposes the federal budget.
2. The logistics of military procuratorial bodies, the allocation of premises, transport, communications and other forms of welfare and allowances are made by the Ministry of defence of the Russian Federation, commanded by other troops and military formations on the established norms.
3. protection of the premises of the military prosecutor's Office carried out military units.
Section VII. Other issues of organization and activity of the procuratorial organs Article 51. Statistical reporting, the General Prosecutor of the Russian Federation, together with interested federal departments and agencies, is developing the system and technique of a single accounting and statistical reporting on crime, solved crimes, investigation and the Prosecutor's supervision, as well as establishes a unified procedure of forming and reporting at the Prosecutor's Office.
Article 52. Funding and logistical support to the organs and agencies of the public prosecutor's Office 1. Funding and logistical support to the organs and agencies of the public prosecutor's Office shall be carried out at the expense of the federal budget. Financing of construction and capital repairs of buildings, technical equipment of the procuratorial organs may also be at the expense of local budgets.
The activities of the organs and agencies of the public prosecutor's Office carries out the General Prosecutor of the Russian Federation.
2. Local self-government bodies provide located on FISDL procuratorial bodies relevant premises on lease terms and their protection of the organs of internal affairs.
3. Transport and technical means of the procuratorial organs are provided centrally by the Government of the Russian Federation at the expense of the federal budget.
Article 53. Printing organs and prosecutorial organs and agencies of the public prosecutor's Office have a seal with the State emblem of the Russian Federation and the full name of the institution.
Article 54. Explanation of some of the items contained in this federal law is contained in the present Federal law names indicate: Prosecutor (paragraph 3 of article 1, article 3, paragraph 3 of article 4, paragraphs 1 and 2 of article 5, article 6, article 7, article 10, paragraph 1, article 22, article 25, paragraph 1 of article 27, paragraph 1 of article 33, article 34, paragraphs 1-4 of article 35, article 37 , paragraphs 1 and 2 of article 40, paragraph 1 of article 41, article 42, article 43, paragraph 3, and articles 44, 45, 47, paragraphs 1, 2, 6, 9-12 of article 48, articles 49 and 50 of this federal law)-the Prosecutor General of the Russian Federation, his deputies and advisors, all subordinate prosecutors, their deputies, assistant prosecutors for special assignments, senior aides, assistants, senior prosecutors and prosecutors, senior prosecutors and prosecutors-criminal lawyers-criminal lawyers offices and divisions acting within the limits of its competence;
prosecutors-employees of procuratorial organs and agencies having ranks (ranks). ".
T s t b I 2. On the timing and modalities of this federal law's coming into force 1. Enter this federal law into effect from the day of its official publication, except paragraph 2 item 4, paragraph 2 to paragraph 5, paragraphs 2 and 4 of paragraph 6, indent 2, paragraph 7 of article 44.
2. Subparagraph 2 of paragraph 4, paragraph 2 to paragraph 5, paragraphs 2 and 4, paragraph 6, subparagraph 2 of paragraph 7 of article 44 of the present Federal Act establishing additional benefits for prosecutors to introduce from January 1, 1996 year.
3. The Government of the Russian Federation to take the necessary for the implementation of this federal law normative legal acts.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N November 17, 1995 168-FZ