RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Law of the Russian Federation "On the Prosecutor's Office of the Russian Federation" On the 18th of October 1995, Duma (In the wording of the Federal Law of 05.06.2007) N 87-FZ) C tus I 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 366) changes and additions to the following wording: " F E R E R A L H L S S A N T O O ' S Office of the Russian Federation Section I. General Provisions Article 1. Procurator's Office of the Russian Federation 1. The Procurator's Office of the Russian Federation is a single federal centralized system for the supervision of the enforcement of laws in force on behalf of the Russian Federation. The Procurator's Office of the Russian Federation performs other functions established by federal laws. 2. In order to ensure the rule of law, unity and the rule of law, the protection of human and civil rights and freedoms, and the legally protected interests of society and the State, the Procurator's Office of the Russian Federation shall: The implementation of laws by federal ministries and departments, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local authorities, military authorities and monitoring bodies and compliance with the laws of their legal OF THE RIGHTS OF THE PRESIDENT OF THE RUSSIAN FEDERATION organs of military administration, control bodies, their officials, as well as management bodies and heads of commercial and non-profit organizations; supervising the enforcement of the law by the investigative bodies Activities, inquiries and pretrial investigations; supervision of the execution of laws by administrations of authorities and institutions enforcing penalties and enforcement measures ordered by the court, prison authorities and detainees; Criminal Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. Prosecutors, in accordance with the procedural laws of the Russian Federation, participate in court proceedings and protest against the decisions, sentences, rulings and rulings of the courts against the law. 4. The Procurator's Office of the Russian Federation is involved in law-making. 5. The Office of the Procurator-General of the Russian Federation produces special publications. Article 2. International cooperation The Office of the Procurator-General of the Russian Federation, within its competence, has direct links with the relevant organs of other States and international organizations, It cooperates with them, enters into agreements on legal assistance and the fight against crime, and takes part in the drafting of the international treaties of the Russian Federation. Article 3. The legal basis for the activities of the Procurator's Office of the Russian Federation , the organization and procedure of the Procurator's Office of the Russian Federation and the powers of prosecutors shall be determined by the Constitution of the Russian Federation and by this Federal Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Office of the Procurator of the Russian Federation cannot be entrusted with functions not provided for by federal laws. Article 4. The principles of organization and operation of the Office of the Procurator of the Russian Federation 1. The Procurator's Office of the Russian Federation is a unified federal centralized system of bodies (hereinafter referred to as the procuratorial authorities) and institutions and acts on the basis of subordinate procurators subordinate to the higher and the Procurator-General of the Russian Federation. 2. The procuratorial authorities: exercise powers independently of the federal State authorities, the State authorities of the constituent entities of the Russian Federation, local authorities, voluntary associations and the strict in accordance with the laws of the Russian Federation concerning the protection of the rights and freedoms of citizens and the law of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Secrecy; informs federal authorities, State authorities of the constituent entities of the Russian Federation, local authorities and the population about the state of the rule of law. 3. Procurators and investigators from the prosecution service (hereinafter referred to as procurators and investigators) may not be members of elected or other bodies formed by the organs of State power and bodies of local self-government. 4. Prosecutors may not be members of public associations pursuing political goals or participate in their activities. The establishment and operation of public associations pursuing political objectives and their organizations in the procuratorial bodies and institutions are not permitted. Prosecutors and investigators are not bound by the decisions of public associations. 5. Prosecutors are not entitled to combine their main activities with other paid or unpaid activities besides teaching, scientific and creative activities. Article 5. Inadmissibility of interference in the implementation of the Procuratorial supervision 1. Exposure to any form of federal State authorities, State authorities of the constituent entities of the Russian Federation, local authorities, voluntary associations, the mass media and their representatives, and The officials of the public prosecutor or the investigator with a view to influencing their decision or obstructing any form of his or her activity shall entail the legal liability established by law. 2. The Prosecutor and the investigator are not obliged to give any explanation on the substance of the cases and materials in their proceedings or to give them to anyone else for their acquaintance, except in the cases and in the manner prescribed by the federal law. Legislation. 3. No one has the right, without the permission of the prosecutor, to disclose the materials of the checks and preliminary investigation carried out by the procuratorial authorities until they are completed. Article 6. The obligation to fulfil the requirements of the prosecutor 1. The requirements of the procurator resulting from his powers as enumerated in articles 22, 27, 30 and 33 of this Federal Act are subject to unconditional execution within the prescribed time limit. 2. Statistical and other information, inquiries, documents and copies thereof, necessary in the exercise of the functions of the Public Prosecutor's Office, shall be submitted at the request of the prosecutor and the investigator free of charge. 3. Failure to comply with the requirements of the procurator and the investigator arising from their duties, as well as evasion of summons, shall be punishable under the law. Article 7. Participation of prosecutors in meetings of the federal legislative and executive bodies of power, representative (legislative) and executive bodies of the constituent entities of the Russian Federation local self-government 1. The Procurator-General of the Russian Federation, his deputies and on their behalf other procurators are entitled to be present at the meetings of the Federal Assembly of the Russian Federation, their committees and commissions, the Government of the Russian Federation, representative (legislative) and executive bodies of the constituent entities of the Russian Federation and local authorities. 2. The procurator of the constituent entity of the Russian Federation, the city, the region, the procurators equivalent to them, their deputies and on their behalf other procurators are entitled to be present at the meetings of representative (legislative) and executive bodies of the constituent entities of the Russian Federation The Federation and local authorities of the respective and subordinate levels. 3. The prosecutor, his deputy, and on their behalf, other prosecutors are entitled to participate in the consideration of the representations and objections made by the federal executive authorities, representative (legislative) and executive bodies. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 8. Coordination of activities against crime 1. The Procurator-General of the Russian Federation and his subordinate prosecutors coordinate the activities to combat crime in the internal affairs agencies, the Federal Security Service, the tax police, the customs service and others. Law enforcement agencies. 2. In order to coordinate the activities of the bodies referred to in paragraph 1 of this article, the Public Prosecutor shall convene coordination meetings, organize working groups, request statistical and other necessary information, exercise other powers in of the Regulation on coordination of activities against crime approved by the President of the Russian Federation. Article 9. Participation in law-making activities The Prosecutor, when exercising his or her powers to improve the existing regulatory legal instruments, is entitled to make legislative changes to the legislature and the authorities The right of legislative initiative, corresponding and below, to amend, supplement, repeal or enact laws and other regulatory legal acts. Article 10. Consideration and authorization by the organs of the Procuratorate of Applications, Complaints and Other 1. In accordance with their powers, the procuratorial authorities are authorized to make statements, complaints and other applications containing information on violations of the law. The decision taken by the prosecutor does not prevent the person from seeking protection of his or her rights in court. The decision on the appeal against the sentence, decision, determination and decision of the court may be appealed only to a higher prosecutor. 2. Applications and complaints to the Public Prosecutor's Office are reviewed in accordance with the procedure and deadlines set by federal law. 3. The reply to the complaint, the complaint and other treatment must be substantiated. If the application or complaint is refused, the applicant must be informed of the procedure for appealing the decision, as well as the right of recourse, if any, by law. 4. The Prosecutor shall, in accordance with the law, take steps to bring to justice the perpetrators of the offences. 5. It is prohibited to forward a complaint to a body or official whose decisions or actions are subject to appeal. Section II. The system and organization of the prosecution service Russian Federation Article 11. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The system of the procurator's office of the Russian Federation is the Procurator-General's Office of the Russian Federation, the procuratorial authorities of the constituent entities of the Russian Federation, the military and other specialized prosecutors ' offices, scientific and educational institutions, that are legal persons, as well as the procuratorial offices of towns and districts, other territorial, military and other specialized prosecutors ' offices. The Prosecutor General's Office of the Russian Federation, the procuratorates of the constituent entities of the Russian Federation, the procuratorial agencies of the Russian Federation, scientific and educational institutions have social and household facilities in operational management. appointments. 2. The Procurator-General of the Russian Federation is responsible for the establishment, reorganization and abolition of the organs and bodies of the Procurator's Office and the determination of their status and competence. 3. The establishment and activities in the territory of the Russian Federation of procuratorial bodies which are not part of the unified system of the Procurator's Office of the Russian Federation are not permitted. Article 12. Appointment to the post of the General Prosecutor of the Russian Federation 1. The Procurator-General of the Russian Federation shall be appointed and dismissed by the Council of the Federation of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation. 2. If the candidacy proposed by the President of the Russian Federation for the post of the Prosecutor General of the Russian Federation does not receive the required number of votes of the Federation Council members, the President of the Russian Federation is represented within 30 days. The Council of the Federation has a new candidate. 3. In the absence of the Procurator-General of the Russian Federation, or in the event of the impossibility of performance of his duties, his duties are performed by the first deputy, and in the absence of the Procurator-General of the Russian Federation and his first deputy or inability to perform their duties, one of the Deputy Procurator-General of the Russian Federation, in accordance with the established division of responsibilities among the deputies. 4. The term of office of the Procurator-General of the Russian Federation is five years. 5. The appointment of the Prosecutor General of the Russian Federation to the post and the dismissal of his post is published in the press. 6. The Procurator-General of the Russian Federation annually submits to the chambers of the Federal Assembly of the Russian Federation and the President of the Russian Federation a report on the state of law and order in the Russian Federation and on the work done on them strengthening. Article 13. Appointment of the prosecutors to the post, their authority and the basis for the release of the post 1. Prosecutors of the constituent entities of the Russian Federation are appointed for a five-year term by the Procurator-General of the Russian Federation in coordination with the State authorities of the constituent entities of the Russian Federation THE RUSSIAN FEDERATION The procurators of the constituent entities of the Russian Federation are subject to and are accountable to the Procurator-General of the Russian Federation and shall be relieved of their duties. 2. Prosecutors of cities and districts, prosecutors of specialized prosecutor's offices are appointed for a position of five years and dismissed by the Procurator-General of the Russian Federation, subordinates and accountable to higher prosecutors and to the General Prosecutor OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. During the term of office, the prosecutor may be dismissed from office: on his own wish; in connection with the resignation; due to transfer to another work; inability to perform health duties; , as a result of certification; in the case of an offence established by a court judgement; on other grounds, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. Reports of the appointment and dismissal of prosecutors from their posts are published in the press. Article 14. The Office of the Procurator-General of the Russian Federation 1. The Procurator-General of the Russian Federation is headed by the Procurator-General of the Russian Federation. 2. The Procurator-General of the Russian Federation has the first deputy and deputies appointed and relieved of his duties by the Council of the Federation of the Federal Assembly of the Russian Federation on the proposal of the Procurator-General of the Russian Federation. THE RUSSIAN FEDERATION 3. The Office of the Procurator-General of the Russian Federation consists of a panel composed of the Procurator-General of the Russian Federation (President), his first deputy and deputies (ex post), other prosecutors appointed by the General Prosecutor OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The structure of the Office of the Procurator-General of the Russian Federation consists of the main departments, offices and departments (in the field of governance). The heads of the main offices, offices and divisions of the administration are senior assistants, and their deputies and heads of divisions, as members of the offices of the Procurator-General of the Russian Federation. The Procurator-General of the Russian Federation also has advisers and assistants on special assignments. His deputies also have special assignments. Senior prosecutors and prosecutors, senior criminologists and forensic investigators, as well as chief investigators of special cases and special investigators, are established in the main departments, offices and divisions. Important cases and their assistants. Chiefs of the main offices, departments and offices and their deputies, advisers to the Procurator-General of the Russian Federation, assistants for special assignments of the Procurator-General of the Russian Federation and his deputies, senior prosecutors and Procurators and departments, senior criminologists and forensic investigators, as well as senior investigators in critical cases and investigators in critical cases, and their assistants are appointed and dismissed by the General Assembly. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The structure of the Office of the Procurator-General of the Russian Federation is a structural unit of the Main Military Prosecutor's Office, headed by the Deputy Procurator-General of the Russian Federation, the Chief Military Prosecutor. 6. The Office of the Procurator-General of the Russian Federation has a scientific advisory council to deal with matters relating to the organization and activities of the procuratorial authorities. The Regulations on the Scientific Advisory Council are approved by the Procurator-General of the Russian Federation. Article 15. Procurator's offices of the constituent entities of the Russian Federation 1. The procuratorial authorities of the constituent entities of the Russian Federation, equivalent to them military and other specialized procurators, are headed by the respective prosecutors, who have the first deputies and deputies appointed by the Procurator-General of the Russian Federation. 2. The procurators of the constituent entities of the Russian Federation, equivalent to them military and other specialized prosecutor's offices, are constituted by a panel composed of the procurator of the constituent entity of the Russian Federation (chair), his first deputy and deputies (by post) and Other procurators appointed by the prosecutor of the constituent entity of the Russian Federation. 3. The procurators of the constituent entities of the Russian Federation, equivalent to them military and other specialized prosecutor's offices, form offices and divisions (in the field of governance, in the composition of offices). Heads of departments and offices are senior assistants, and their deputies and heads of divisions within the offices of the procurators of the constituent entities of the Russian Federation are appointed and dismissed by them posts. In the said prosecutor's offices, the posts of senior assistant and assistant prosecutors, senior procurators and prosecutors, senior criminologists and forensic prosecutors, as well as investigators on special cases, are established. Important cases and senior investigators and their assistants, who are appointed and dismissed by the procurators of the constituent entities of the Russian Federation. Prosecutors of the constituent entities of the Russian Federation and similar procurators may be assigned and dismissed from the position of Special Assistant. Article 16. The procuratorates of towns and regions equivalent to the Office of the Procurator's Office of the Procurator-General's Office of the Procurator-General of the cities and regions equivalent to them are the military and other specialized prosecutor's offices. Offices of first deputy, deputy, senior assistant and assistant prosecutors, senior criminologists, forensic prosecutors, as well as senior investigators and investigators (in prosecutor's offices) are established in these offices. of the Russian Federation) and their assistants, who are appointed and dismissed by the procurators of the constituent entities of the Russian Federation. As decided by the Procurator-General of the Russian Federation, divisions may be established in the offices of the procuratorate of cities and regions or equivalent to them. Article 17. The powers of the Procurator-General of the Russian Federation of the Federation of the Procurator's Office of the Russian Federation 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The Procurator-General of the Russian Federation, within the limits of the authorized number of staff and the salary fund, establishes the state and structure of the Office of the Procurator-General of the Russian Federation, determines the powers of the structural units, establishes the state of the State Number and structure of subordinate bodies and institutions of the Public Prosecutor's Office. 3. The Procurator-General of the Russian Federation appoints and dismisals the directors (rectors) of the scientific and educational institutions of the procurator's office of the Russian Federation and their deputies. 4. The Procurator-General of the Russian Federation is responsible for carrying out the tasks entrusted to the procuratorial authorities by this Federal Law. Article 18. The power of procurators of the constituent entities of the Russian Federation, equivalent to them, of the procurators of the procuratorial bodies of the Russian Federation , the procurators of the constituent entities of the Russian Federation The procurators shall supervise the activities of the procuratorates of towns and districts and other procurators of the procuratorial system on the basis of the laws in force in the territory of the Russian Federation and the regulations of the Procurator-General of the Russian Federation shall issue orders, instructions, orders required for execution by all subordinates Employees may make changes in the staffing tables of their offices and subordinate procurators within the limits of the number and the remuneration fund established by the Procurator-General of the Russian Federation. Article 19. The powers of district prosecutors with the district division by subordinate procuratorial bodies Prosecutors of cities with district division manage the activities of district and similar district prosecutors ' offices; higher procurators, proposals to change the staffing levels of their units and subordinate procurators, about personnel changes. Article 20. The Collegium of the Public Prosecutor's Office of the Prosecutor's Office of the Public Prosecutor's Office is a deliberative body. On the basis of the decisions of the panels, the relevant prosecutors issue orders. Section III. Prosecutorial supervision Chapter 1. Supervision of the execution of the law Article 21. Subject of supervision 1. The subject of supervision is the execution of laws by federal ministries and departments, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local authorities, military administration bodies, the control authorities, their officials, and the conformity with the laws of their legal acts. 2. In the exercise of the supervision of the enforcement of the law, the procuratorial authorities do not replace other State organs. The enforcement of laws is carried out on the basis of information received by the Public Prosecutor's Office on the facts of violation of the law requiring action by the prosecutor. Article 22. Prosecutor's powers 1. The Prosecutor shall, in the exercise of his functions, be entitled: , upon presentation of a service permit, to enter the territory and premises of the bodies referred to in article 21, paragraph 1, of this Federal Law without hindquarters, Access to their documents and materials, to verify the enforcement of laws in connection with information received by the Public Prosecutor's Office on the facts of a violation of the law; required documents, materials, statistics and other information; allocations specialists to clarify the issues; conduct reviews of materials and appeals to the procuratorial authorities, audit the activities of the organizations under their control or their subordination; to call officials and citizens for An explanation for the violations of the law. 2. The Prosecutor or his or her deputy on the grounds established by law shall institute criminal proceedings or proceedings for an administrative offence, shall require the prosecution of persons in conflict with the law to a different legal liability. 3. The Prosecutor or his/her deputy in case of a violation of the law by the organs and officials referred to in article 21, paragraph 1, of this Federal Law: Administrative detention on the basis of decisions of non-judicial bodies; challenges the legal acts contrary to the law, appeals to the court or arbitral tribunal to require the annulment of such acts; Presentation of the elimination of breaches of the law. 4. The officials of the authorities referred to in article 21, paragraph 1, of this Federal Act are required to proceed with the implementation of the requirements of the Public Prosecutor or his/her deputy for inspections and audits without delay. Article 23. Protest the prosecutor 1. The procurator or his deputy shall lodge a protest against the legal act against the authority or official who has issued the act or appeals to the court in accordance with the procedure laid down in the procedural legislation of the Russian Federation. 2. The appeal shall be subject to compulsory consideration not later than within ten days from the date of its receipt, and in the event of a protest against the decision of a representative (legislative) body of the constituent entity of the Russian Federation or a local body. (...) (...) In exceptional circumstances requiring the immediate elimination of a violation of the law, the procurator is entitled to set a short time limit for the consideration of the objection. The results of the appeal shall be promptly communicated to the procurator in writing. 3. During the consideration of the protest by a collegiating body about the day of the meeting, it is reported to the prosecutor, which brought a protest. 4. The appeal may be withdrawn by his or her person. Article 24. Presenting the prosecutor 1. The submission of the elimination of breaches of the law shall be submitted by the procurator or his deputy to the authority or official who has the authority to correct the violations and shall be subject to urgent consideration. Within a month from the date of submission of the submission, specific measures should be taken to correct the violations of the law, their causes and conditions, and the results of the measures taken must be communicated to the prosecutor in writing. form. 2. When the submission is considered by a collegiating body, the prosecutor shall be informed of the day of the meeting. 3. The Procurator-General of the Russian Federation shall inform the President of the Russian Federation of the Constitution of the Russian Federation and the laws of the Russian Federation. Article 25. Resolution of the prosecutor 1. The procurator, on the basis of the nature of the violation of the law by the official, shall issue a reasoned order instituting a criminal case or an administrative offence. 2. The procurator's decision to initiate proceedings for an administrative offence is subject to review by the authorized body or officer within the time limit prescribed by law. The results of the examination shall be communicated to the procurator in writing. Chapter 2: Supervision of observance of human rights and freedoms and citizen Article 26. Subject of supervision 1. The subject of supervision is the observance of human and civil rights and freedoms by federal ministries and departments, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, bodies of local self-government, the military authorities, the monitoring bodies, their officials, as well as the authorities and the heads of commercial and non-commercial organizations. 2. The procuratorial authorities do not replace other State bodies and officials who monitor the observance of human and civil rights and freedoms and do not interfere in the organization's operational activities. Article 27. Prosecutor's powers 1. In the exercise of his functions, the Prosecutor: examines and verifies claims, complaints and other reports of violations of human and civil rights and freedoms; explains the victims of the protection of their rights and freedoms; takes measures to prevent and punish violations of human and civil rights and freedoms, to bring to justice those who violate the law, and to make reparation for the harm caused; uses the powers provided by the article 22 of this Federal Law. 2. If there is reason to believe that the violation of human and civil rights and freedoms is a crime, the prosecutor institutes criminal proceedings and ensure that the perpetrators are prosecuted in accordance with the law. 3. In cases where the violation of human and civil rights and freedoms has the nature of an administrative offence, the prosecutor initiates proceedings on the administrative offence or immediately reports the crime and material Inspection of the authority or official authorized to deal with cases of administrative offences. 4. In case of violation of the rights and freedoms of the individual and of the citizen protected by civil procedure, when the victim is not in a state of health, age or other reasons, he or she may not personally assert his rights and freedoms before a court or tribunal or when the rights and freedoms of a large number of citizens were violated, or due to other circumstances, the violation became a special public value, the prosecutor presents and supports in court or the arbitral tribunal a claim for the benefit of the victims. Article 28. Protest and presentation of the prosecutor , the Prosecutor or his deputy brings a protest against an act that violates the rights of the person and the citizen, the organ or official who has issued the act, or appeals to the court in the manner provided for in the Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The right to remedy violations of human and civil rights and freedoms shall be submitted by the procurator or his/her deputy to the body or official authorized to remedy the violation. Protests and performances are introduced and considered in the order and time frame laid down by articles 23 and 24 of this Federal Law. Chapter 3: Supervision of the enforcement of laws by the bodies operative-search activity, inquiry and preliminary investigation Article 29. The subject of supervision is the observance of human and civil rights and freedoms, the established procedure for the resolution of statements and reports on crimes committed and being prepared, and the implementation of operational investigative measures. The investigation and the legality of decisions taken by the investigative bodies, the inquiry and the preliminary investigation. Article 30. Prosecutor's powers 1. The powers of the Procurator for the supervision of the execution of the law by the bodies conducting operational and investigative activities, the inquiry and the preliminary investigation are established by the criminal procedure legislation of the Russian Federation and others. Federal laws. 2. The instructions of the Procurator-General of the Russian Federation on preliminary investigations and inquiries which do not require legislative regulation are binding. (Uspent force in the new version of Article 31-Federal Law of 05.06.2007) N 87-FZ Chapter 4: Supervision of the enforcement of laws by the administrations of the penal enforcement bodies and institutions imposed by the court, coercive measures of nature, places of detention of detainees and detainees Article 32. Subject of supervision The subject of supervision is: The legality of the presence of persons in detention, pre-trial detention, correctional labour and other bodies and institutions serving sentences and measures (a) Enforcement of the rights and obligations of detainees, remand prisoners, convicted persons and persons subjected to coercive measures, the conditions of their detention; The legality of the execution of the sentence; of the deprivation of liberty. Article 33. Prosecutor's powers 1. When supervising the execution of the law, the procurator has the right: to visit at any time the organs and bodies referred to in article 32 of this Federal Law; interview detainees, convicted prisoners and Persons subjected to coercive measures; consult documents on the basis of which these persons are detained, detained, convicted or subjected to coercive measures with operational materials; require the administration to create conditions that ensure rights Detainee detainees, prisoners and persons subjected to coercive measures to verify that the laws of the Russian Federation are in conformity with the orders, regulations, decisions of the administration of the organs and bodies referred to in the article 32 of this Federal Law, to require explanations from officials, to make protests and representations, to institute criminal proceedings or administrative offences. Prior to the review of the protest action, the administration of the institution is suspended; to cancel the disciplinary sanctions imposed in violation of the law on remand prisoners who have been convicted, release them immediately by a decision from a punishment cell, a chamber type, a punishment cell, a single cell, a disciplinary cell. 2. The Prosecutor or his or her Deputy shall be required to immediately release his or her ruling on each without legal grounds in penal institutions and measures of a coercive nature, or in violation of the law of the detained person, A pre-trial detention or placed in a psychiatric institution. Article 34. Mandatory execution of orders and prosecutor's requirements Orders and requirements of the prosecutor for the enforcement of legal procedures and conditions of detention for remand prisoners convicted, Persons subjected to coercive measures, or placed in psychiatric institutions, are subject to mandatory enforcement by the administration, as well as by the enforcement authorities, against persons sentenced to non-related penalties. with deprivation of liberty. Section IV. Participation of the prosecutor in court cases Article 35. Participation of the prosecutor in court cases 1. The Prosecutor shall participate in the examination of cases by the courts in the cases provided for in the procedural legislation of the Russian Federation and other federal laws. 2. Prosecuting in court, the prosecutor acts as a public prosecutor. 3. The Prosecutor, in accordance with the procedural legislation of the Russian Federation, has the right to apply to the court with a statement or to intervene at any stage of the proceedings, if this requires the protection of the rights of citizens and the legally protected interests of the society, or States. 4. The powers of the prosecutor participating in the judicial proceedings are determined by the procedural legislation of the Russian Federation. 5. The Procurator-General of the Russian Federation, in accordance with the legislation of the Russian Federation, participates in meetings of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation. 6. The Procurator-General of the Russian Federation has the right to appeal to the Constitutional Court of the Russian Federation regarding the violation of the constitutional rights and freedoms of citizens by law, applied or applicable in a particular case. Article 36. Trial judgements 1. The Prosecutor or his Deputy shall, within the limits of his/her competence, bring to a higher court cassation or private protest against unlawful or unwarranted decision, judgement, determination or judgement of the court. The assistant prosecutor, the prosecutor's office, the prosecutor's office can only protest the case in which they were involved. 2. The Prosecutor or his or her deputy, regardless of their participation in the proceedings, shall have the right, within the limits of his competence, to request from the court any case or category of cases in which the decision, sentence, determination or decision has become enforceable. In view of the decision, sentence, determination or decision of the court to be unlawful or unreasonable, the prosecutor shall lodge a complaint under the supervisory review procedure or submit a complaint to a higher prosecutor. 3. A protest against the judge in the case of an administrative offence may be brought by the prosecutor of the city, district, superior prosecutor and their deputies. Article 37. The protest of the protest Protest to the decision, sentence, ruling or ruling of the court may be withdrawn by the prosecutor, bringing a protest. Article 38. Suspension of the execution of the court sentence , by the Procurator-General of the Russian Federation or his Deputy to protest his sentence to which the death penalty has been imposed as a penalty, suspends it Execution. Article 39. The submission to the courts of clarification The Procurator-General of the Russian Federation is entitled to appeal to the Plenum of the Supreme Court of the Russian Federation, the Plenary of the Supreme Arbitration Court of the Russian Federation with submissions on the giving of the courts Clarifications on judicial practice in civil, arbitration, criminal, administrative and other matters. Section V of the Public Prosecutor's Office Article 40. Requirements for persons appointed to prosecutors and investigators 1. Procurators and investigators may be citizens of the Russian Federation, having higher legal education and having the necessary professional and moral qualities capable of performing the duties assigned to them. When appointed, a probationary period of up to six months may be established. In exceptional cases, procurators and procurators of the offices of the procurators of the cities and regions equivalent to them may be appointed to the positions of assistant procurators and investigators of higher professional education establishments. Specialty. The first person to be appointed for the post, accepts the oath of office of the prosecutor (investigator): " Injury to serve the Law, I solemnly swear: The Constitution of the Russian Federation, laws and international laws are sacred. OF THE PRESIDENT OF THE RUSSIAN FEDERATION actively defend the interests of the individual, society and society States; sensitive and attentive to the proposals, statements and complaints of citizens, to maintain objectivity and justice in deciding people's lives; strictly to keep a state secret protected by law; to constantly improve its professional skills, to cherishy our professional honor, to be a model of integrity, moral purity, modesty, to preserve and to increase the best traditions of the prosecutor's office. I am aware that the oath violation is incompatible with the continued presence of the prosecutor's office. The procedure for the adoption of the oath by a prosecutor (investigator) is established by the Procurator-General of the Russian Federation. Persons trained in higher vocational education institutions in the legal profession with tuition fees of the Procurator-General of the Russian Federation are required by contracts with them -to work with the prosecution authorities for at least five years. In the case of dismissal from the prosecution service before the expiry of that period, except in the case of dismissal on health, in connection with a call for active military service, the dismissal of a woman with a child under eight years of age, in connection with the liquidation The procuratorial authorities, or the reduction in the number of employees, are fully reimbursed for the costs of their education. 2. At least 25 years of age, with at least three years ' experience, have been appointed to the position of public prosecutor in the city or district equivalent to procurators. 3. In the case of procurators of the constituent entities of the Russian Federation, the procurators of equal rank are appointed by persons not younger than 30 years of age who have worked with a procurator or an investigator in the bodies of the procurator's office for at least five years. Article 41. Nice ranks of prosecutorial staff 1. Prosecutors and investigators, scientific and educational workers of the scientific and educational institutions of the system of the procurator's office of the Russian Federation (hereinafter referred to as scientific and teaching staff) are assigned according to their positions and seniority work is a good job. The Procurator-General of the Russian Federation could be assigned great rank and other members of the procuratorial authorities and agencies. 2. The procedure for the attribution of classes is defined by the Regulations on the Classrooms of Procuratorial Staff, approved by the President of the Russian Federation. 3. Prosecutors shall be subject to certification in the manner determined by the Procurator-General of the Russian Federation. Article 42. Procedures for the prosecution of prosecutors and investigators to criminal and administrative accountability 1. Any examination of a report of an offence committed by a procurator or an investigator of the procuratorial authorities, the institution of criminal proceedings against them (except in cases where the prosecutor or the investigator is caught in the commission of the offence), The investigation is the exclusive competence of the procuratorial authorities. They are suspended from office for the duration of the investigation of the criminal case against the prosecutor or the investigator of the criminal case. 2. No one may be detained, driven, searched by a procurator or an investigator, inspecting their belongings and their transport, except where provided for by a federal law to ensure the safety of others, as well as detention in the commission of a crime. Article 43. Regulation of labour relations in organs and prosecutor's offices 1. The labour relations of procurators are regulated by the legislation of the Russian Federation on labour and the Regulations on the passage of service in the bodies and establishments of the Procurator's Office of the Russian Federation, approved by the State Duma of the Federal Assembly. of the Russian Federation. The labour relations of other employees of procuratorial bodies and institutions are regulated by the legislation of the Russian Federation on labour. 2. For a long and impeccable service, prosecutors may be awarded by the Procurator General of the Russian Federation with a badge "Honorary Worker of the Procuratorate of the Russian Federation", an established specimen, with simultaneous presentation to them. of the Procurator-General of the Russian Federation. The procedure for presenting the badge "Honorary Worker of the Procuratorate of the Russian Federation" is determined by the Prosecutor General of the Russian Federation. 3. Decisions of the heads of bodies and agencies of the Public Prosecutor's Office can be appealed to the higher prosecutors or to the courts. Article 44. The material and social security of the procuratorial staff 1. The monetary content of prosecutors consists of official salary, overpayment for a class rank, length of service, special conditions of work, degree of payment for the degree, monetary reward (bonuses) on the results of work for the quarter and year, the cost Rations (if not in kind). The salaries of prosecutors are fixed as a percentage of the official salary of the Procurator-General of the Russian Federation, which is 98 per cent of the official salary of the President of the Supreme Court of the Russian Federation. THE RUSSIAN FEDERATION The Government of the Russian Federation is set up to pay the price for a class rank as a percentage of the salary, and the annual pay for the length of service, in official salaries, including overpayment for a class rank. The PhD is paid to candidates and doctoral students in the amount of 5 per cent and 10 per cent of the official salary, respectively. The promotion of prosecutors ' performance in the quarter and year, as well as remuneration for professionals, employees and working bodies and institutions of the Public Prosecutor's Office, is determined by the standards set for the employees of the executive bodies. authority. 2. Procurators and investigators, scientific and pedagogical workers with good grades are provided with free uniforms in accordance with the norms established by the Government of the Russian Federation. 3. Prosecutors and investigators, scientific and pedagogical workers with good grades are granted an annual paid leave of 30 calendar days, without taking into account the time taken to the place of rest and back with the cost of travel within the territory of the Russian Federation. Prosecutors and investigators working in localities with severe and adverse climatic conditions, annual paid leave is granted according to standards established by the Government of the Russian Federation, but not less than 45 Calendar days. Annual additional paid leave for work as a prosecutor or investigator, scientific or educational worker is provided: after 10 years-5 calendar days; after 15 years-10 Calendar days; after 20 years-15 calendar days. 4. The pension of procurators and investigators, scientific and pedagogical workers with good rank and members of their families shall be carried out in accordance with the conditions, rules and procedure established by the legislation of the Russian Federation for persons, Military service, internal affairs agencies and their families. Prosecutors and investigators, scientific and pedagogical workers with good grades, on retirement or disability, as well as on health status or in connection with organizational and regular activities In the case of entitlement to this pension, a lump sum payment for the full years of service is paid: less than 10 calendar years-5 months of salary with overpayment for a class rank; 10 to 15 calendar years-10 months Salary with overpayment for class rank; from 15 to 20 calendar years inclusive of 15 months ' salary with overpayment for a class rank; more than 20 calendar years-20 months of salary with overpayment for a class rank. The one-off allowance for the dismissal of these persons in connection with the perpetration of acts that defame them shall not be paid. Prosecutors and investigators, scientific and pedagogical workers entitled to a retirement pension may receive a monthly allowance of between 25 and 50 per cent of the pension that may have been paid to them Assessed. 5. Prosecutors and investigators, scientific and pedagogical workers with good grades have the right to use all types of public transport in the Russian Federation free of charge on the territory of the Russian Federation free of charge in urban, suburban and local areas. Reports (other than taxis), in rural areas-by any means of transport, and transport officials in the serviced areas-all types of rail, river, sea and air transport, irrespective of their authority Travel on official business The right to make reservations and obtain travel documents for all types of transport. The costs of relocation and relocation of members of their families shall be reimbursed in full. 6. The executive authorities of the constituent entities of the Russian Federation and the local self-government bodies are obliged to provide the public prosecutors and investigators who are appointed to the post, as well as those in need of improvement of their living conditions. the form of a single apartment or house in a state or municipal housing stock as a matter of priority, but not later than six months, regardless of the length of their residence in this locality. Prosecutors and investigators are entitled to additional living space. Prosecutors and investigators are entitled to compensation for the costs of employing (subcontracting) accommodation, pending the provision of accommodation for permanent residence in the prescribed manner. Prosecutors and investigators in public and municipal housing stock houses, if released, are provided to other public prosecutors and investigators in need of better housing conditions. With the consent of prosecutors and investigators, instead of providing accommodation, a non-interest-free loan from the federal budget for the purchase or construction of housing is being paid out of the same funds provided that they are working At least 10 years in the prosecutor's office in the area. 7. Procurators and investigators, scientific and pedagogical workers with good grades and their families living with them are given a 50 per cent discount on housing in the houses of the State and municipal housing stock, The number of persons living in privatized accommodation, as well as a 50 per cent discount on all utilities (electricity, gas, central heating, water and others), for the use of the telephone irrespective of the type of housing stock. In the accommodation occupied by procurators and investigators, the telephone is set at the expense of the local budget. In the same way, places are provided in pre-school institutions, boarding schools, and summer recreational facilities for children of procurators and investigators. 8. Medical care (including the provision of medicines) for employees of procuratorial bodies and agencies and their families living with them is carried out at the expense of the federal budget. 9. Employees of the procuratorial authorities and procuratorial agencies enjoy the rights and benefits provided for in this Federal Law, including medical treatment in the hospitals in which they were taken into account. Article 45. Legal and social protection measures for prosecutors and investigators 1. Prosecutors and investigators, as agents of the State, are under the special protection of the State. Under the same protection are their close relatives, and in exceptional cases also other persons whose lives and health are violated in order to prevent the lawful activities of public prosecutors and investigators, as well as their property. The Federal Law on State Protection defines the procedure and conditions for the exercise of state protection of prosecutors and investigators OF THE PRESIDENT OF THE RUSSIAN FEDERATION Procuring of prosecutors and investigators, dead (deceased) in connection with the performance of official duties, as well as dismissed from the service of prosecutors and investigators who died as a result of bodily harm or other harm to health in the Liaison with the performance of official duties is carried out with funds allocated for the financing of the prosecution services. 2. Prosecutors and investigators have the right to carry and store official firearms, special means and their use in the manner prescribed by the RSFSR Act " About militias". 3. Prosecutors and investigators are subject to mandatory State personal insurance from the federal budget for a sum equal to 180-multiple of their average monthly monetary content. 4. State insurance bodies pay insurance amounts in cases of: death (death) of a prosecutor or investigator during the period of work or after dismissal if it is due to injury or other harm in connection with their performance, to their heirs equal to 180 times the average monthly salary of the procurator or the investigator; inflicting on the prosecutor or the investigator in connection with their performance injury or other harm to health excluding further damage The opportunity to engage in professional activities-in the amount of 36-fold their average monthly monetary content; infliction of bodily harm to a procurator or an investigator, or- Other injuries to health which do not result in permanent incapacity to work, which do not affect the ability to engage in further professional activities, in the amount equal to 12 times the amount of their average monthly monetary content. In the event that a procurator or an investigator inflates bodily harm or other harm to the health of a person who is not allowed to engage in a professional activity, he or he shall be paid monthly Compensation in the form of the difference between their average monthly salary and the amount awarded in connection with this pension, without taking into account the amount of payments received under compulsory State personal insurance. In the event of death (death) of a procurator or an investigator in connection with the performance of official duties, as well as dismissed from the service of a procurator or an investigator who has died as a result of bodily injury or other harm to health in connection with In the performance of their duties, the dependants of their dependants who are unable to work receive compensation on a monthly basis, in the form of the difference between the proportion of the deceased (deceased) and their assigned amount Survivor's pension without regard to the amount of Mandatory State personal insurance. In order to determine this portion of the money, the average monthly cash content of the deceased (deceased) was divided into the number of dependent family members, including those who were able to work. The family of the deceased (deceased) retains the right to a decent living accommodation on conditions and grounds that occurred at the time of death (death) of a procurator or an investigator. Damage caused by the destruction or damage to property owned by a prosecutor or an investigator or members of their families in connection with their performance shall be compensated to them or to their families in full, including loss of profits. The Conference of the 5. The grounds for refusal to pay insurance amounts and compensation in the cases provided for in this article are only a sentence or a court order against a person found guilty of the death (death) of a procurator or an investigator or causing it to do so bodily harm or destruction of, or damage to, property belonging to them, to which it is established that these events are not related to their performance. Section VI. Organization and security features of the military prosecutor's office Article 46. Military Prosecutor's Office 1. The structure of the military prosecutor's office is: Chief Military Prosecutor's Office; Prosecutor's Office of the military districts, groups of forces, fleets, the Prosecutor's Office of the Strategic Missile Troops, the Office of the Procurator of the Federal Border Guard Service of the Russian Federation The Procurator's Office of the Procurator-General of the Russian Federation and the Procurator's Office of the Russian Federation; the procuratorial authorities of the garrisons, associations and formations equated to the procuratorial authorities of towns and districts (hereinafter referred to as the military procuratorial authorities). 2. The Military Prosecutor's Office is headed by the Deputy Procurator-General of the Russian Federation, the Chief Military Prosecutor. 3. The Procurator-General of the Russian Federation shall establish the structure and staffing of the military prosecutor's office. 4. The armed forces of the Russian Federation, other troops and military formations established in accordance with federal laws carry out their duties. Article 47. The powers of military procurators , the Chief Military Prosecutor and his subordinate prosecutors, shall have within their competence the powers established by this Federal Law and shall exercise them independently of the command and authority OF THE PRESIDENT OF THE RUSSIAN FEDERATION Military prosecutors also have the right: to participate in meetings of panels, military councils, meetings of military administration bodies; to appoint extra-departmental audits and reviews, the costs of which are are reimbursed by order of the prosecutor by the military authorities, where the military units and establishments are to be inspected; to require the protection, maintenance and escort of persons on the military and garrison in other places of detention and imprisonment under the Military commandants, military commanders, escort of internal troops, organs and agencies of the interior; to release immediately from the guardhouse, other places of detention and prisoners The detention of persons who are unlawfully present. Article 48. Military procuratorial bodies 1. Military procurators and investigators are appointed by military officers under contract or appeal and meeting the requirements of article 40 of this Federal Act. 2. According to the decision of the Procurator-General of the Russian Federation or with his consent to the posts of military procurators and investigators, civilians may be appointed. 3. The Deputy Procurator-General of the Russian Federation, the Chief Military Prosecutor, is appointed and dismissed in accordance with the procedure established by article 14, paragraph 2, of this Federal Act for a term of five years. The Chief Military Prosecutor reports to the Procurator-General of the Russian Federation. 4. Military procurators shall be appointed for a term of five years and shall be dismissed by the Procurator-General of the Russian Federation, subordinated and accountable to the higher procurators and to the Procurator-General of the Russian Federation. 5. Deputy Chief Military Prosecutor, heads of departments and divisions of the Chief Military Prosecutor's Office and their deputies, as well as deputy prosecutors of the military districts, groups of forces and fleets equal to them, are appointed and shall be dismissed by the Prosecutor General of the Russian Federation. 6. Other prosecutors and investigators of the Chief Military Prosecutor's Office are appointed and dismissed by the Chief Military Prosecutor. 7. Procurators of military districts, groups of forces, fleets, equivalent public prosecutors are appointed and dismissed by military procurators and investigators in their offices and lower procuratorates. 8. Officers of the Military Prosecutor's Office have the status of military personnel, serve in the Armed Forces of the Russian Federation, other troops and military formations in accordance with the law of the Russian Federation "About conscription and military service" and have the rights and benefits established by the Russian Federation Law "About the status of troops". The call and the entry of citizens for military service in the military prosecutor's office, their dismissal and resignation are made on the basis of the submission of the Chief Military Prosecutor. 9. Military prosecutors and investigators and their respective military ranks are included in the list of military posts. 10. Military procurators and investigators are assigned military ranks upon presentation of the military prosecutor in accordance with the procedure established for military personnel. Military ranks of the President of the Russian Federation are conferred by the President of the Russian Federation on the advice of the Procurator-General of the Russian Federation. Military rank of officers of the military prosecutor's office corresponds to the class rank of procuratorial staff of the territorial bodies of the prosecutor's office. 11. The certification of military procurators and investigators is carried out in accordance with the procedure established by the Procurator-General of the Russian Federation for all prosecutors, taking into account the specific characteristics of military service. Military procurators and investigators, taking into account professional experience and qualifications, shall be assigned qualification classes in accordance with the procedure established by the Procurator-General of the Russian Federation. 12. Military procurators and investigators are encouraged and disciplined in accordance with the Code of Discipline of the Armed Forces of the Russian Federation. Only superior prosecutors have the right to reward and impose sanctions. 13. The number of military personnel and civilian personnel in the military procuratorial bodies is allocated to the Armed Forces of the Russian Federation, other troops and military units, respectively. The number of military procuratorial bodies is included in the staffing of the Armed Forces of the Russian Federation, other troops and military formations. Article 49. The material and social security of the Military Prosecutor's Office 1. Military procuratorial bodies are subject to the legislation of the Russian Federation, which establishes legal and social guarantees, pension, medical and other types of military support. 2. The payment of salaries to military prosecutors and investigators is carried out by the Ministry of Defence of the Russian Federation, the command of other troops and military units according to the norms established for the military. Military procurators and investigators, taking into account the special nature of the service, are paid a supplement of 50 per cent of the salary. 3. Civilian personnel who are not military prosecutors and investigators are paid allowances for qualification categories in the order and size of the Ministry of Defence of the Russian Federation, other troops and military personnel The formation. Article 50. Financing and logistics Military Prosecutor's Office 1. The military procuratorial bodies are financed, respectively, by the Ministry of Defence of the Russian Federation, the command of other troops and military units, with the federal budget allocated to them for this purpose. 2. The Ministry of Defence of the Russian Federation, the command of other troops and the Ministry of Defence of the Russian Federation are responsible for the logistical support of the military prosecution service, the provision of office space, transportation, communications and other kinds of support and allowances. Military units established according to established standards. 3. The protection of the office premises of the military prosecution service is carried out by military units. Section VII. Other matters of the organization and activities of the procuratorial authorities Article 51. Statistical reporting The Office of the Procurator-General of the Russian Federation, together with interested federal ministries and departments, is developing a system and methodology for unified accounting and statistical reporting Crime, crime detection, investigation and prosecution, and establishes a uniform procedure for reporting to the procuratorial authorities. Article 52. Financing and logistics Prosecutor's Office 1. Funding and logistical support to the prosecution services and institutions is provided by the federal budget. Funding for the construction and rehabilitation of buildings and the technical equipment of the prosecution services can also be financed from local budgets. The Office of the Procurator-General of the Russian Federation provides financial support for the activities of procuratorial bodies and agencies. 2. Local authorities shall ensure that the offices of the Public Prosecutor's Office, located in their respective territories, are provided with appropriate office premises under the conditions of rent and their protection by the internal affairs agencies. 3. The Government of the Russian Federation centrally provides transport and technical resources through the federal budget. Article 53. The press of the procuratorial bodies and agencies of the Procurator's Office and the Offices of the Procurator's Office are printed with the image of the State Emblem of the Russian Federation and the full name of the institution. Article 54. Explanation of certain names, contained in this Federal Law The names contained in this Federal Law indicate: prosecutor (in article 1, paragraph 3, article 3, article 4, paragraph 3, Article 5, paragraphs 1 and 2, article 6, article 6, article 7, article 10, article 22, paragraph 1, article 25, paragraph 1, article 33, paragraph 1, article 34, article 35, paragraphs 1 and 4, article 40, paragraphs 1 and 2, article 41, paragraph 1, article 42, paragraph 3, article 43, paragraph 3, and article 43, paragraph 3 Articles 44, 45, 47, paragraphs 1, 2, 6, 9 to 12, 49 and 50 of this Federal Law) Procurator-General of the Russian Federation, his deputies and advisers, all subordinate prosecutors, their deputies, assistant procurators for special assignments, senior assistants, assistants, senior prosecutors and prosecutors, senior criminal prosecutors and Procurators-criminalists and departments within their competence; procuratorial officials-employees of procuratorial bodies and institutions with class rank (military ranks). ". C, I am 2. About the time and order of enactment of this Federal Law 1. To introduce this Federal Law into effect from the date of its official publication, except paragraph 2, paragraph 4, paragraph 5, paragraph 5, paragraphs 2 and 4, paragraphs 6, paragraph 2, paragraph 7, of article 44. 2. Paragraph 4, paragraph 4, paragraph 2, paragraph 5, paragraphs 2 and 4, paragraph 6, paragraph 2, of article 44, paragraph 7, of this Federal Act, which establishes additional benefits for the procuratorial staff, shall be effective as from 1 January 1996. 3. The Government of the Russian Federation shall adopt the necessary legal regulations for the implementation of this Federal Law. President of the Russian Federation Yeltsin Moscow, Kremlin 17 November 1995 N 168-FZ