Abstract: The research subject is the changes that have been introduced into the Federal Law “On the Prosecution Service of the Russian Federation” dealing with the involvement of specialists by a prosecutor during checks of compliance with laws. The author notes that legislative novels dictate new tasks to prosecutors, since the position of the Constitutional Court has changed the role of bearers of special knowledge and shifted it towards expert and analytical assistance to prosecutors. The author uses various research methods, including the comparative-legal, which help achieve the research tasks. The scientific novelty consists in the fact that the article is the first to study the institution of involvement of a specialist for checks of compliance with laws by prosecutors in the context of the new realia. The author emphasizes that due to the current changes, it is necessary to elaborate new approaches to the application of special knowledge in prosecutors’ work. It requires serious scientific consideration.

DOI: 10.7256/2454-0706.2017.9.23957

Abstract: The subject of this research is the novelties enshrined in the Federal Law “On the Prosecutor’s Office of the Russian Federation”, associated with introduction of the institution of new or newly discovered circumstances as grounds for second verification in carrying out prosecutorial supervision. The author underlines the absolute novelty for the area of the prosecutorial supervision legal relations of the aforementioned institution, but points out that this is certainly not the first case of inclusion of corresponding norms into legislation that does not regulate the issues of judicial procedure, and provides sections from two federal laws as an example. The author expresses hypotheses on possible complications, which can emerge in the practice of the prosecutor in realization of the norms of the Federal Law “On prosecutor’s office of the Russian Federation”, which establishes the positions on new or newly discovered circumstances as grounds for second verification on adherence to the laws.

DOI: 10.7256/2454-0595.2017.9.24118

Abstract: The research subject is the practice of engagement of specialists by a prosecutor during verification of performance of a law, which is gaining new features in the current context. The author analyzes a wide range of secondary and primary sources reflecting the emergence and development of such a practice during the Soviet and the post-Soviet periods; the article considers the practice and the dynamics of legal regulation during the last 35 years since formation. The author studies scientific approaches to the issue under study. The author uses various research methods including the comparative-legal method in terms of the historically changing tendencies of legal regulation. The scientific novelty of the study consists in the fact that the author studies the practice of engagement of specialists for prosecutor’s supervision, which has existed for a comparatively long period of time since its formalization in 1979 till the changes of 2017. The author concludes that this problem hasn’t been studied sufficiently enough during the post-Soviet period, therefore it should be considered in detail.

DOI: 10.7256/2454-0706.2017.9.43096

DOI: 10.7256/2454-0595.2017.8.23937

Abstract: The research subject is the legal novels included into the Federal law “On the Public Prosecution in the Russian Federation”, which formalize the requirements to the procedure of prosecutor’s investigation. Since such regulations have been introduced into the Russian legislation for the first time, the author gives special attention to the problem of correlation between the position of the Constitutional Court of the Russian Federation, which adjudicated on this matter in 2015, and the literal performance of the requirements, resulting from this adjudication, by the legislator. The author gives attention to the existing shortcomings. The author takes into account the established law-enforcement practice and the possibility of its adaptation to the new conditions, determined by the requirements of the legislative novels. The author concludes that in general, the legislator has performed the requirements of the adjudication of the Constitutional Court of 2015 in key aspects, however, the detailed study of certain provisions helps find out the shortcomings, which should be corrected for more effective use of the legislation by prosecutors.

DOI: 10.7256/2454-0595.2016.11.19683

Abstract: The research subject is the provisions of the article 29.2 of the Federal Law “On the general principles of organization of legislative (representative) and executive authorities of constituent territories of the Russian Federation”, which have defined the procedure of scheduled and unscheduled inspections of regional public authorities and their officials in the Russian Federation. The author considers the issue from the position of prosecution agencies’ participation in the process of regulation of supervision activities in this sphere by means of prosecutor’s supervision and other authorities. The research is based on the method of comparison with the provisions of the previously adopted and approved legislative provisions, the detection of contentious aspects of this legislative novel, and the prognostication of the related law enforcement problems. The author, on the one hand, approves the filling of the legislative gap in the regulation of the issues of supervision activity in relation to the local authorities and their officials, and on the other hand, detects the obvious collisions in the novels under consideration. This issue hasn’t been studied in the context of prosecutor’s activity so far.

DOI: 10.7256/2454-0595.2016.10.20555

Abstract: The research subject is the Soviet legislation, which had regulated the peculiarities of imposition of administrative sanctions on persons with special legal status. The research object is social relations, regulated by that legislation, with special attention to the activities of prosecutors, responsible for administrative prosecution of persons with special legal status. The author analyzes the evolutional aspects of such legislation development, assesses the positive and negative sides of legal regulation in that period. The main research method is the historical method, connected with the understanding of the peculiarities of legal regulation of the procedures of administrative prosecution of persons with special legal status. Besides, the author compares the corresponding norms and provisions of the current legislation. The author concludes that the legislation, regulating the peculiarities of imposition of administrative sanctions on the persons with special legal status, started forming in the late 1960s, and by the end of the Soviet period in 1991 it had contained a wide range of legislative provisions, guaranteeing special conditions of administrative prosecution of several categories of persons with special legal status.

DOI: 10.7256/2454-0595.2016.9.20266

Abstract: The author studies the peculiarities of legal regulation of prosecutors’ participation in administrative prosecution of special legal status persons in the Soviet period. The research object is the specificity of legal relationship in the sphere of the related legislation enforcement. The author notes both positive and contradictory aspects of normative regulation of particular issues. In the author’s opinion, it is possible to borrow some provisions of the Soviet legislation to regulate the current legal relations. The research is based on the historical method and the method of comparative jurisprudence in relation to the current Russian legislation and to legal provisions of the Soviet period. The author states that in the Soviet period, prosecutors possessed the authorities to impose administrative responsibility on special legal status persons, which have been consolidated during the period in question. The problem under discussion hasn’t been studied sufficiently so far.

DOI: 10.7256/2454-0706.2016.8.19634

Abstract: The subject of this research is the determination of the main essential characteristics (subject and limits) of prosecutor’s supervision over adherence to the Federal Law “About Bases of System of Prevention of Offenses in the Russian Federation", considering the necessity to highlight a supervisory component within the activity of prosecution agencies that is typical namely to them. The author defines a circle of the regulated to prosecutors objects (agencies) and subjects (officials and other entities) entering the prosecutorial supervisory legal relations. The methodology of this research is based on the modern scientific achievements on the prosecutorial activity in the area of implementation of such function of the prosecutor’s office as prosecutorial supervision. This article is practically first to attempt to determine the main characteristics of the prosecutorial supervision from the position of requirements of the Federal Law “About Bases of System of Prevention of Offenses in the Russian Federation" due to the fact it was introduced fairly recently, and the supervisory character of ensuring legitimacy within the examined sphere of legal relations was being fragmentarily researched.

DOI: 10.7256/2454-0706.2016.8.42976

DOI: 10.7256/2454-0595.2016.7.19590

Abstract: Based on the analysis of the provisions of the Federal law “On the fundamentals of offences prevention system in the Russian Federation”, the author reveals the legal status of prosecution agencies in the system of offences prevention. In the author’s opinion, this statutory instrument, on the one hand, contains the provisions designed for establishing the prosecutors’ role in the preventive work; on the other hand, the related provisions can hardly be considered as concrete and correct ones, due to the referenced mechanism built in it by the legislator. The author applies the method of comparison of the provisions of the considered law with the provisions of the federal law “On the Prosecutor’s Office of the Russian Federation”. The author concludes that, despite the existing set of provisions in the federal law “On the fundamentals of offences prevention in the Russian Federation”, devoted to prosecution agencies, their direct role is limited to the supervision over the observance of laws by the subject of preventive activities.

DOI: 10.7256/2306-9945.2016.5.20320

Abstract: The research subject is the specificity of legal regulation of application of administrative and jurisdictional measures against persons with special legal status, and the role of a prosecutor in these procedures, in the Republic of Kazakhstan. The author emphasizes the fact that, unlike the Russian legislation, containing special legislative acts for persons with special legal status, in the Republic of Kazakhstan only one codified legislative instrument regulates these issues. The author applies the comparative method and compares the particular provisions of the legislation of the Republic of Kazakhstan with the corresponding provisions of Russian legislation. This study is the first study in Russia, devoted to the mechanism of application of administrative and jurisdictional procedures to persons with special legal status in the context of the participation of a prosecutor in the Republic of Kazakhstan. The author suggests to adopt the positive experience of Kazakhstan in Russian legislation.

DOI: 10.7256/2454-0595.2016.2.17373

Abstract: The research subject is the range of general questions of the prosecutor’s legal status as a participant of administrative proceedings, regulated by the recently adopted Code of Administrative Code Proceedings of the Russian Federation. The author compares the Code’s provisions with the existing Civil Procedural Code of the Russian Federation, emphasizes the positive sides of the novels and criticizes the shortcomings of legal regulation of the issues under consideration, offers the ways to improve legal norms. The author applies the comparative-legal method to compare the provisions of the legislation, regulating administrative and civil proceedings. The author defines the advantages of the novels, added to the legal status of the prosecutor, involved in administrative proceedings, and draws attention to the particular drawbacks in procedural legislation formulae, offering the possible ways of their improvement. This research is one of the first scientific works, devoted to the legal status of the prosecutor, involved in administrative proceedings.

DOI: 10.7256/2454-0595.2016.1.17174

Abstract: The article studies the consideration of anonymous appeals by prosecution agencies. The object of the research is the range of legal relations, arising when dealing with anonymous appeals, their registration and consideration by prosecution agencies. The author pays special attention to the fact that the current legislation doesn’t prohibit consideration of anonymous appeals, containing information about offences, by prosecution agencies, but the legislation in this sphere should be improved. The author applies the comparative-historical method; he analyzes the provisions of various legal acts and different sources, and comes to the conclusion about the need for a more clear and consistent legal regulation of the legal regime of anonymous appeals, containing information about imminent crimes, the crimes that are being or had been committed, aimed at legal provisions adjustment.

DOI: 10.7256/2454-0706.2015.10.15228

Abstract: The subject of this study is the positions of the resolutive part of the ruling No. 2-P of the Constitutional Court of the Russian Federation, which, upon examination of complaints and results of a session, rendered a number of important positions, called to define the vectors of development of science in prosecution for the foreseeable future, as well as influence the correction of law enforcement practice in the work of prosecutors carrying out the oversight of law obedience. In the process of studying the key positions of the resolutive part of the examined ruling, the author compares the position of the Constitutional Court of the Russian Federation with the current law enforcement practice, as well as the theoretical views within prosecution. The main conclusions of the conducted research come to the fact the Constitutional Court of the Russian Federation in its ruling confirmed the legality of a number of current behavioral models of prosecutors in carrying out oversight of law obedience, and in some instances even exceeded expectations.

DOI: 10.7256/2454-0706.2015.10.42758

DOI: 10.7256/2454-0595.2015.7.15149

Abstract: The article analyzes the provisions of codified documents of the CIS member-states which regulate the functions of prosecutors in administrative prosecution. The author emphasizes the common traits of development of legal regulation in the mentioned countries, and the peculiarities of the legal status of prosecutors. The author comes to the conclusion about a relative character of definition of a procedural status of prosecutors as supervising officials and participants of administrative proceedings in different countries. The research is based on the comparative-legal method of study of the data – the codes of administrative offences of the nine CIS countries. The analysis of the available base of scientific publications demonstrates the lack of works studying the specificity of legal regulation of prosecutors’ activities in several countries at once. Therefore, the present research is scientifically new; it continues the previous research of the author devoted to the analysis of the provisions of the laws on the prosecution in the CIS member-states.

DOI: 10.7256/2454-0706.2015.7.15313

Abstract: The subject of this research is the content of the descriptive part of the ruling of the Constitutional Court of the Russian Federation from 02.17.2015 No. 2-P, in which certain positions of Articles 6, 21, and 22 of the Federal Law “On Prosecutor’s Office the Russian Federation” are subjected to a rigorous assessment from the perspective of constitutionality. These Articles regulate the issues pertaining to prosecutors exercising their authority within the framework of obtaining statistical and other information from the supervised branches, as well as inspections to ensure adherence to the laws within the corresponding branches. The scientific novelty of the research consists in the fact that the author is first to conduct a detailed analysis of the legal position of the Constitutional Court of the Russian Federation on the most problematic issues that come up in law enforcement practice; the author expresses a critical opinion on the objectiveness of the theses contained in the ruling of the branch of constitutional control, and underlines the most important approaches for the theory and practice of prosecutors supervision.

DOI: 10.7256/2454-0706.2015.7.42763

DOI: 10.7256/2454-0595.2015.6.15066

Abstract: The subject of the research covers the peculiarities of legal regulation of the activities of public prosecutor’s office bodies of the CIS member-states in the sphere of administrative prosecution. This paper is the first stage of a comparative-legal study and is devoted to the analysis of the provisions of status legislative acts of the countries of the post-Soviet space (except for the Baltic states), regulating the issues of organization and activity of the public prosecutor’s office bodies and the model law on the public prosecutor’s office. The author emphasizes the provisions which are similar for the public prosecutor’s offices of different countries and outlines the distinct features of a public prosecutor’s office of each country. The methodology of the research is based on the comparative-legal and partially on the historical method which allow the author to reveal the similarities and differences in realization of administrative prosecution functions by the public prosecutor’s offices of different countries of the CIS. The author carries out the comparative-legal analysis of the provisions of laws on public prosecutor’s office of the CIS countries in the area of consolidatioin of the prosecutors’ responsibilities in the sphere of administrative offences revelation. The author concludes that the prosecutors in the CIS member-states have similar and unique responsibilities in the sphere of administrative prosecution depending on a model of public prosecutor’s office development of each country.