Prosecutor's supervision - Administrative Law of the US Federation

Prosecutor's supervision

Among the ways to ensure the rule of law in public administration, an important place is occupied by the public prosecutor's supervision, which is one of the important lines of activity of the prosecutor's office. The subject of supervision, the powers of prosecutors to implement it, the methods and forms of the prosecutor's response to violations of the law are regulated by Federal Law No. 2202-1 of 17.01.1992 "On the Prosecutor's Office of the United States".

The US Attorney's Office is a single federal centralized system of bodies exercising on behalf of the United States supervision of compliance with the Constitution and the implementation of laws in force in the United States. The Prosecutor's Office of the United States is composed of the US Attorney General's Office, the US prosecutors' offices, equivalent military and other specialized prosecutors, scientific and educational institutions, editions of printed publications that are legal entities, and prosecutors of cities and districts, , military and other specialized prosecutors.

Procuratorial supervision is carried out in order to ensure the rule of law, unity and strengthening of law, the protection of human and civil rights and freedoms, as well as the interests of society and the state protected by law. At the same time, to ensure legality in the public administration of the US Attorney's Office, two types of supervision are carried out (supervision of the execution of laws and supervision of observance of the rights and freedoms of a person and citizen):

overseeing the implementation of laws by federal ministries, state committees, services and other federal executive bodies, representative (legislative) and executive bodies of the United States, local governments, military authorities, control bodies, their officials, subjects of public control for ensuring human rights in places of detention and assistance to persons in places of forced detention, detecting and heads of commercial and non-profit organizations, as well as conformity to laws issued by their legal acts;

overseeing the observance of human and civil rights and freedoms by federal ministries, state committees, services and other federal executive bodies, representative (legislative) and executive bodies of the United States, local governments, military authorities, control bodies, their officials , subjects of implementation of public control over ensuring human rights in places of forced detention and assistance to persons in places

forced detention, as well as management bodies and managers of commercial and non-profit organizations;

overseeing the execution of laws by bodies conducting operational search activities, inquiry and preliminary investigation;

overseeing the enforcement of laws by bailiffs;

overseeing the execution of laws by administrations of bodies and institutions executing punishment and applying enforcement measures appointed by the court, administrations of places of detention and detainees.

The subject of overseeing the implementation of laws in public administration is the observance of the Constitution and the enforcement of laws by federal executive bodies, executive authorities of the US subjects, their officials, management bodies and heads of organizations, as well as compliance with laws issued legal acts.

Verifications of the execution of laws are conducted on the basis of information received by the prosecutor's office about violations of laws requiring the prosecutor to take measures.

The Prosecutor in exercising the functions assigned to him entitled:

upon presentation of the business card unhindered to enter the territory and premises of the executive authorities, organizations, to have access to their documents and materials, to verify the implementation of laws in connection with information received by the prosecutor's office on violations of the law;

require the heads and other officials of the said bodies and organizations to submit the necessary documents, materials, statistical and other information; the allocation of specialists to clarify the issues that have arisen; conducting inspections on materials and appeals submitted to the prosecutor's office, audits of the activities of organizations under their control or subordinate to them;

Call officials and citizens to explain violations of laws.

With discovering violations of the law the prosecutor or his deputy:

initiates criminal proceedings or proceedings on an administrative offense, requires the involvement of individuals,

violating the law, to other liability established by law;

carries out criminal prosecution in accordance with the powers established by the criminal procedural legislation of the United States;

appeals against legal acts that contradict the law, appeals to a court or arbitration court with a demand to recognize such acts as invalid;

introduces the idea of ​​eliminating violations of the law.

cautions against the inadmissibility of breaking the law.

Officials of executive bodies are obliged to start fulfilling the requirements of the prosecutor or his deputy about conducting inspections and audits immediately.

A protest against a legal act contradicting the law is brought by the prosecutor or his deputy to the body or official who issued the act, either to a higher authority or to a higher-ranking official. The protest is subject to mandatory review no later than 10 days from the date of its receipt. In exceptional circumstances, requiring immediate elimination of the violation of the law, the prosecutor has the right to establish a shortened period for the consideration of the protest. The results of the examination of the complaint shall be immediately notified to the public prosecutor in writing.

The submission on the elimination of violations of the law is brought by the prosecutor or his deputy to the body or official who is authorized to eliminate the violations committed, and is subject to immediate consideration. Within a month from the date of submission of the submission, specific measures should be taken to eliminate the violations of the law, their causes and conditions that contribute to them; the results of measures taken should be reported to the prosecutor in writing.

In case of inconsistency of the US Government's decisions with the Constitution and US laws, the US Attorney General informs the President of the USA about this.

The reasoned decision to initiate proceedings on an administrative offense, the prosecutor makes based on the nature of the violation of the law by an official. The prosecutor's decision to initiate proceedings on an administrative offense is subject to review by an authorized body or official in the period established by law. The results of consideration are reported to the prosecutor in writing.

A warning about the inadmissibility of violation of the law the prosecutor or his deputy sends in writing to the officials in order to prevent violations and if there is information about the upcoming illegal acts. In case of failure to comply with the requirements set forth in this warning, the official to whom it was announced may be held liable in accordance with the procedure established by law.

The subject of supervision over the observance of human and civil rights and freedoms is observance of these rights and freedoms by federal executive bodies, executive authorities of the United States entities, their officials, and also by management bodies and heads of organizations.

In the performance of the functions assigned to him, the prosecutor examines and verifies applications, complaints and other reports on the violation of human and citizen's rights and freedoms; explain to the victims the procedure for protecting their rights and freedoms; takes measures to prevent and suppress violations of human and civil rights and freedoms, to bring to justice those who violated the law and to compensate for the damage caused. In the implementation of this type of supervision, the prosecutor uses the powers provided for exercising supervision over the execution of laws.

Based on the results of this type of supervision, the prosecutor exercises the following measures of prosecutorial response.

If there are reasons to believe that the violation of the rights and freedoms of a person and a citizen has the character of a crime, the prosecutor shall take measures to ensure that the perpetrators are subjected to criminal prosecution in accordance with the law.

In cases where the violation of the rights and freedoms of a person and a citizen is of the nature of an administrative offense, the prosecutor initiates the proceedings on an administrative offense or immediately passes a report on the offense and the audit materials to the body or official who is authorized to consider cases of administrative offenses.

If the victim for health reasons, age or other reasons can not personally defend his rights and freedoms in court or arbitration court or when the rights and freedoms of a significant number of citizens are violated or because of other circumstances the violation has acquired special social significance, the prosecutor makes and supports in the court of arbitration court action in the interests of the victims.

In addition, the prosecutor or his deputy may bring an objection to an act that violates the rights of a person and a citizen to the body or official who issued the act, or to go to court. The public prosecutor or his deputy may also submit a presentation on the elimination of violations of human and civil rights and freedoms to the body or official who are authorized to eliminate the violation.

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