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FEDERAL LAW OF THE RUSSIAN FEDERATION

of January 17, 1992 No. 2202-1

About prosecutor's office of the Russian Federation

(as amended on 30-12-2020)

Section I. General provisions

Article 1. Prosecutor's office of the Russian Federation

1. Prosecutor's office of the Russian Federation - single federal centralized system of the bodies exercising supervision of observance of the Constitution of the Russian Federation and execution of the laws, supervision of observance of the rights and freedoms of man and citizen, criminal prosecution according to the powers and also performing other functions.

Paragraph two of ceased to be valid

2. For the purpose of ensuring rule of law, unity and strengthening of legality, protection of rights and freedoms of man and citizen, and also protected by the law of interests of society and state prosecutor's office of the Russian Federation performs:

supervision of execution of the laws federal executive bodies, the Investigative Committee of the Russian Federation, representative (legislative) and executive bodies of subjects of the Russian Federation, local government bodies, bodies of military management, control facilities, their officials, subjects of implementation of public control over ensuring human rights in places of detention and assistance to persons which are in places of detention, governing bodies and heads of commercial and non-profit organizations, and also behind compliance to the laws of the legal acts published by them;

supervision of observance of rights and freedoms of man and citizen federal executive bodies, the Investigative Committee of the Russian Federation, representative (legislative) and executive bodies of subjects of the Russian Federation, local government bodies, bodies of military management, control facilities, their officials, subjects of implementation of public control over ensuring human rights in places of detention and assistance to persons which are in places of detention and also governing bodies and heads of commercial and non-profit organizations;

supervision of execution of the laws by the bodies performing operational search activities, inquiry and pretrial investigation;

supervision of execution of the laws by bailiffs;

supervision of execution of the laws by administrations of the bodies and organizations performing punishment and applying the measures of forced nature appointed by court, administrations of places of content of detainees and taken into custody;

criminal prosecution according to the powers established by the criminal procedure legislation of the Russian Federation;

coordination of activities of law enforcement agencies for fight against crime;

initiation of proceedings about administrative offenses and conducting administrative investigation according to the powers established by the Russian Federation Code of Administrative Offences and other Federal Laws.

3. Prosecutors according to the procedural legislation of the Russian Federation are involved in hearing of cases by courts, Arbitration Courts (further - courts), protest the decisions contradicting the law, sentences, determinations and resolutions of courts.

3.1. The Prosecutor General's Office of the Russian Federation within the competence provides representation and protection of interests of the Russian Federation in interstate bodies, foreign and international (interstate) vessels, foreign and international reference tribunals (arbitration).

4. The prosecutor's office of the Russian Federation takes part in law-making activities.

5. The Prosecutor General's Office of the Russian Federation issues special editions.

Article 2. International cooperation

The Prosecutor General's Office of the Russian Federation within the competence performs direct connections with relevant organs of other states and the international organizations, cooperates with them, signs agreements on questions of legal assistance and fight against crime, participates in development of international treaties of the Russian Federation.

Article 3. Legal basis of activities of prosecutor's office of the Russian Federation

Powers and functions of prosecutor's office of the Russian Federation, its organization and procedure for activities are determined by the Constitution of the Russian Federation, this Federal Law and other Federal Laws.

Activities of prosecutor's office of the Russian Federation are performed also according to international treaties of the Russian Federation. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation.

Article 4. Principles of the organization and activities of prosecutor's office of the Russian Federation

1. The prosecutor's office of the Russian Federation constitutes single federal centralized system of bodies (further - bodies of prosecutor's office) and the organizations and acts on the basis of subordination of subordinate prosecutors higher and to the Prosecutor General of the Russian Federation.

2. Bodies of prosecutor's office:

perform powers irrespective of federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, public associations and in strict accordance with the laws existing in the territory of the Russian Federation;

are effective publicly in that measure in what it does not contradict requirements of the legislation of the Russian Federation about protection of the rights and freedoms of citizens, and also the legislation of the Russian Federation about the state and other specially protected by the law secret;

inform federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, and also the population on legality condition.

2.1. Bodies of prosecutor's office in connection with implementation by them according to this Federal Law of public prosecutor's supervision have the right to receive in the cases established by the legislation of the Russian Federation access to necessary it for implementation of public prosecutor's supervision of information, access to which is limited according to the Federal Laws, including to perform processing of personal data.

3. Prosecutors cannot be members of the elected and other bodies formed by public authorities and local government bodies.

4. Public prosecutor's workers cannot be members of the public associations pursuing political goals and to take part in their activities. Creation and activities of the public associations pursuing political goals and their organizations in bodies and the organizations of prosecutor's office are not allowed. Prosecutors in the office activities are not connected by decisions of public associations.

5. Public prosecutor's workers have no right to combine the main activities with other paid or non-paid activities, except pedagogical, scientific and other creative activities. At the same time pedagogical, scientific and other creative activities cannot be financed only by means of foreign states, the international and foreign organizations, foreign citizens and stateless persons if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation. Public prosecutor's workers have no right to be part of governing bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions operating in the territory of the Russian Federation if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation.

Article 5. Inadmissibility of intervention in implementation of public prosecutor's supervision

1. Impact in any form of federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, public associations, mass media, their representatives, and also officials on the prosecutor with the purpose to influence the decision made by it or hindrance in any form of its activities involves the responsibility established by the law.

2. The prosecutor shall not offer any explanations on the substance of being in its proceedings and materials, and also to provide them to somebody for acquaintance differently as in cases and procedure, stipulated in Item 4 these Articles.

3. Nobody has the right to disclose without the permission of the prosecutor materials of the inspections which are carried out by bodies of prosecutor's office before their completion.

4. Acquaintance of the citizen with materials of check is performed according to the decision of the prosecutor in which production there are corresponding materials, or the higher prosecutor, accepted by results of consideration of the address of the citizen if materials directly affect its rights and freedoms.

The documents which are available in materials of check and containing the data which are the state or protected by the law other secret cannot be provided to the citizen for acquaintance.

The decision on acquaintance of the citizen with materials of check or the motivated decision on refusal in acquaintance with materials of check is made in ten-day time from the date of submission of the address of the citizen. In case of decision making about refusal in acquaintance with check materials the right to appeal the made decision to the higher prosecutor and (or) in court is explained to the citizen.

Article 6. Obligation of execution of requirements of the prosecutor

1. The requirements of the prosecutor following from its powers provided by Articles 9. 1, 22, 27, 30, 33, 39.1 and 39.2 presents of the Federal Law, are subject to unconditional execution at the scheduled time.

2. Statistical and other information, documents (including the electronic documents signed by the digital signature in accordance with the legislation of the Russian Federation), references and other materials or their copies necessary in case of implementation of the functions assigned to bodies of prosecutor's office, are represented upon the demand of the prosecutor gratuitously within five working days from the moment of receipt of the requirement of the prosecutor to the head or other authorized representative of body (organization), and during conducting checks of execution of the laws - within two working days from the moment of submission of demand of the prosecutor. In the requirement of the prosecutor longer terms can be established.

If the checked body (organization) during the term established according to the first offer of paragraph one of this Item for representation requested statistical and other information, documents and materials or their copies, notifies the prosecutor in writing with statement of the objective reasons on impossibility of representation specified to information, documents, materials or their copies at the scheduled time, the prosecutor makes the decision on establishment of new term for their representation.

2.1. In the presence of threat of damnification of life or to health of citizens, property of physical persons or legal entities, the state-owned or municipal property, the environment, safety of the state, in the presence of emergency situations of natural and technogenic nature necessary information, documents and materials or their copies are represented within a day from the moment of receipt of the requirement of the prosecutor.

2.2. The terms of submission of information, documents and materials or their copies specified in Items 2 and 2.1 of this Article do not extend to cases of execution of the requirements of the prosecutor following from its powers provided by articles 30 and 33 of this Federal Law.

2.3. The prosecutor has no right to require from body (organization):

the information, documents and materials or their copies within conducting check which are not caused by the purposes of the specified check and (or) not relating to subject of the specified check;

information, documents and materials or their copies which were transferred to bodies of prosecutor's office in connection with earlier performed or which are officially published in mass media or are posted on the official site of body (the official site of the organization which creation is provided by its constituent documents) (further - the official site of body (organization) on the Internet, except as specified, established by this Federal Law.

2.4. In the cases provided by the paragraph third Item 2.3 of this Article, the body (organization) specifies in the answer to the requirement of the prosecutor of the data on check within which such information, documents and materials, and relevance such were transferred to information, documents and materials at the time of the requirement or data on mass media or on the official site of body (organization) on the Internet in which are published the corresponding information, documents and materials, urgent at the time of the requirement, (are placed).

2.5. The checked body (organization) shall provide information specified in paragraph three of Item 2.3 of this Article, documents and materials or their copies in case of receipt of the requirement of the prosecutor, connected:

with need of carrying out research, testing, special examination for more information which can affect conclusions performed;

with availability of threat of damnification of life or to health of citizens, property of physical persons or legal entities, the state-owned or municipal property, the environment, safety of the state, with availability of emergency situations of natural and technogenic nature.

3. Non-execution of the requirements of the prosecutor following from its powers and also evasion from appearance on its challenge involves the responsibility established by the law.

Article 7. Participation of prosecutors in meetings of federal bodies of legislative and executive power, representative (legislative) and executive bodies of subjects of the Russian Federation, local government bodies

1. The Prosecutor General of the Russian Federation, his deputies and for their order other prosecutors has the right to be present at meetings of chambers of Federal Assembly of the Russian Federation, their committees and commissions, the Governments of the Russian Federation, representative (legislative) and executive bodies of subjects of the Russian Federation and local government bodies.

2. The prosecutor of the subject of the Russian Federation, the city, area equated to them prosecutors, their deputies and for their order other prosecutors has the right to be present at meetings of representative (legislative) and executive bodies of subjects of the Russian Federation and local government bodies of the corresponding and subordinate levels.

3. The prosecutor, his deputy, and also according to their order other prosecutors has the right to participate in consideration of the representations and protests brought by them federal executive bodies, representative (legislative) and executive bodies of subjects of the Russian Federation, local government bodies, commercial and non-profit organizations.

Article 8. Coordination of activities for fight against crime

1. The Prosecutor General of the Russian Federation and prosecutors subordinated to him coordinate activities for fight against crime of law-enforcement bodies, bodies of the Federal Security Service, bodies of Customs Service and other law enforcement agencies.

2. For the purpose of ensuring coordination of activities of the bodies specified in Item 1 of this Article, the prosecutor convenes coordination meetings, will organize working groups, will request from statistical and other necessary information, performs other powers according to the Regulations on coordination of activities for fight against crime approved by the President of the Russian Federation.

Article 9. Participation in law-making activities

The prosecutor in case of establishment during implementation of the powers of need of enhancement of the operating regulatory legal acts has the right to bring in the legislature and bodies having power to initiate legislation, the corresponding and subordinate levels of the offer on change about amendment, about cancellation or about adoption of the laws and other regulatory legal acts.

Article 9.1. Conducting anti-corruption examination of regulatory legal acts

1. The prosecutor during implementation of the powers in the procedure established by the Prosecutor General's Office of the Russian Federation and according to the technique determined by the Government of the Russian Federation carries out anti-corruption expertize of regulatory legal acts of federal executive bodies, public authorities of subjects of the Russian Federation, other state bodies and organizations, local government bodies, their officials.

2. In case of identification in regulatory legal act of corruptogenic factors the prosecutor introduces in body, the organization or to the official which issued this act, the requirement about change of regulatory legal act with the offer of method of elimination of the revealed corruptogenic factors or takes a legal action according to the procedure, provided by the procedural legislation of the Russian Federation.

The requirement about change of regulatory legal act can be withdrawn by the prosecutor before its consideration by the relevant body, the organization or the official.

3. The requirement of the prosecutor about change of regulatory legal act is subject to obligatory consideration by the relevant body, the organization or the official not later than in ten-day time from the date of receipt of the requirement. The requirement of the prosecutor about change of regulatory legal act sent to legislative (representative) public authority of the subject of the Russian Federation or to representative body of local self-government is subject to obligatory consideration at the next meeting of relevant organ.

About results of consideration of the requirement about change of regulatory legal act it is without delay reported to the prosecutor who introduced the requirement.

The requirement of the prosecutor about change of regulatory legal act can be appealed in accordance with the established procedure.

Article 10. Consideration and permission in bodies of prosecutor's office of statements, claims and other addresses

1. In bodies of prosecutor's office according to their powers statements, claims and other addresses containing data on violation of the laws are permitted. The decision made by the prosecutor does not interfere with the request of person for protection of the rights in court. The decision according to the claim to sentence, the decision, determination and the court order can be appealed only to the higher prosecutor.

2. The prosecutor's offices of the statement and the claim arriving in bodies, other addresses are considered according to the procedure and terms which are established by the federal legislation.

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