On the Issue of Allocating the Accompanying Powers of the Prosecutor to Supervise the Implementation of Laws

Abstract

The article is devoted to the rationale for the allocation of a new group of powers of the prosecutor to supervise the implementation of laws – accompanying powers. The expediency of defining such a group of powers is related to the instructions of the General Prosecutor’s Office of the Russian Federation on the need for supervisory support by lower-rank prosecutors of certain types of activities. At the same time, the currently available powers of the prosecutor to supervise the implementation of laws do not allow the full implementation of such instructions due to the existence of a procedure for conducting a prosecutorial audit regulated by law. In order to regulate the activities of the prosecutor for supervisory support, as well as protect the rights of supervised bodies, organizations and other persons, it is proposed to introduce the concept of an accompanying inspection of the implementation of laws, defining its main features, purpose, subject and basis, which are supposed to be reflected in the decision to conduct an accompanying inspection. It also proposes the procedure and timing for such verification. The possibility of using other verification powers of the prosecutor to supervise the implementation of laws during the accompanying inspection was considered: the right to demand the submission of the necessary documents and materials or their copies, statistical and other information; the right to demand the allocation of specialists to clarify the issues that have arisen; the right, upon presentation of an official ID, to freely enter the territories and premises of supervised persons; the right to call officials and citizens for explanations about violations of laws; the right to demand that authorized control (supervisory) bodies carry out control (supervisory) measures. In addition, the correlation of the accompanying inspection and the inspection of the implementation of laws is presented. The necessity of legislative determination of the possibility of applying prosecutorial response measures to violations identified during the accompanying inspection i s substantiated.