О сущности пенитенциарного надзора прокуратуры

Abstract

The penitentiary supervision by the prosecutor's office is an independent type of prosecutor activity implemented within the framework of various branches and activities of the national prosecutor's office. This supervision is enforced in the following areas: prosecutor's supervision over the legality of penal isolation; the prosecutor's participation in the judicial consideration of issues related to the execution of the sentence; the prosecutor's participation in the judicial review and resolution of complaints against the actions and acts of administrations of penal bodies and institutions, as well as applications from prisoners for compensation for violations of conditions of detention or confinement (in accordance with Article 121 of the Penal Code of the Russian Federation and Article 171 of the Federal Law of the Russian Federation On the Detention of Persons Suspected and Accused of Committing Crimes); prosecutor's activities on protecting human rights in places of penal isolation. The penitentiary supervision of the prosecutor's office is mainly enforced through the following branches: supervision over the enforcement of laws in general; supervision over the enforcement of laws by administrations of bodies and institutions that execute penalties and coercive measures imposed by the court, by administrations of detention facilities. Within each of these branches, the supervision is restricted by the appropriate limits on the circle of supervised persons, acts, and types of supervised activities. The legal means of the penitentiary supervision by the prosecutor's office are similar to the legal means of prosecutor's supervision and, in relation to the sphere of forced isolation from society, are fixed in both the Law on the Prosecutor's Office and other special laws. In this regard, the legal regulation of the implementation of legal means of penitentiary supervision takes place at the basic (general supervision) and special (branch) levels: Articles 33 and 34 of the Law on the Prosecutor's Office separately establish special legal means or reveal the specifics of the implementation of the general powers of the prosecutor in the exercise of supervision over the legality of involuntary isolation. The main specificity of the implementation of the legal means of the prosecutor's penitentiary supervision lies in its proactive nature and the prosecutor's authority and administration powers.