of May 8, 2007 No. 220-Z
About prosecutor's office of the Republic of Belarus
Accepted by the House of Representatives on April 11, 2007
Approved by Council of the Republic on April 20, 2007
This Law establishes the organizational and legal basis of activities of prosecutor's office of the Republic of Belarus (further if other is not provided, – the prosecutor's office) and governs the relations in the field of implementation of public prosecutor's supervision and accomplishment of other functions assigned to prosecutor's office and also establishes features of legal status of public prosecutor's workers.
Prosecutor's office – single and centralized system of the bodies exercising on behalf of the state supervision of exact and uniform execution of the regulatory legal acts in the territory of the Republic of Belarus and also performing other functions established by legal acts.
The legal basis of activities of prosecutor's office is constituted by the Constitution of the Republic of Belarus, this Law and other legal acts determining competence, the organization, procedure for activities of prosecutor's office and power of public prosecutor's workers, and also the international agreements of the Republic of Belarus.
The terms and concepts applied in this Law have the following values:
the citizen – the citizen of the Republic of Belarus, the foreign citizen, the stateless person if other is not determined in this Law;
the prosecutor – acting within the competence Attorney-General of the Republic of Belarus (further if other is not provided, – the Attorney-General) and the prosecutors subordinated to him, including transport prosecutors, their deputies and assistants, advisers, chiefs of structural divisions of bodies of prosecutor's office and their deputies, the senior prosecutors and prosecutors of structural divisions of bodies of prosecutor's office if other is not determined in this Law;
the public prosecutor's worker – the prosecutor, the trainee of prosecutor's office;
heads of bodies of prosecutor's office – the Attorney-General, prosecutors of areas, the city of Minsk, prosecutors of areas, areas in the cities, the cities, the interdistrict and equated to them transport prosecutors;
the prosecutor – the person consisting in employment relationships with body of prosecutor's office and not being the public prosecutor's worker;
territorial prosecutor's offices – prosecutor's offices of areas, prosecutor's office of the city of Minsk, prosecutor's office of areas, areas in the cities, the cities and interdistrict prosecutor's offices.
1. Tasks of prosecutor's office are ensuring supremacy of law, legality and law and order, protection of the rights and legitimate interests of citizens and the organizations, and also public and state interests. For the purpose of accomplishment of these tasks the prosecutor's office exercises supervision for:
exact and uniform execution of the laws, decrees, decrees and other regulatory legal acts by the republican state bodies and other state organizations subordinated to Council of Ministers of the Republic of Belarus, local representative, executive and administrative organs, public associations, the religious organizations and other organizations, officials and other citizens, including individual entrepreneurs (further - supervision of execution of the legislation);
execution of the legislation when implementing operational search activities;
execution of the law during pre-judicial production, in case of production of pretrial investigation and inquiry;
compliance to the law of court decrees, and also behind compliance with law in case of their execution;
compliance with law in case of execution of the punishment and other measures of criminal liability, and also measures of forced nature.
2. The prosecutor's office coordinates law-enforcement activities of the state bodies performing fight against crime and corruption and also activities for fight against crime of other organizations participating in fight against crime, activities for prevention of offenses.
3. The prosecutor's office conducts preliminary investigation in the cases provided by the Code of penal procedure of the Republic of Belarus.
4. Prosecutors take part in consideration of civil cases by courts, the cases connected with implementation of business and other economic (economic) activity hold crown case on criminal cases, participate in administrative process according to the Code of civil procedure of the Republic of Belarus, the Economic Procedure Code of the Republic of Belarus, the Code of penal procedure of the Republic of Belarus and the Procedural and executive code of the Republic of Belarus about administrative offenses (further - the procedural legislation).
Activities of prosecutor's office are based on the principles of legality, equality of all citizens before the law, independence of the prosecutor, subordination of subordinate prosecutors to higher prosecutors, publicity, obligation of execution of requirements of the prosecutor.
1. In the activities the prosecutor is guided by the Constitution of the Republic of Belarus, acts of the legislation corresponding to it and within the powers conferred to it performs the functions assigned to it by this Law and other legal acts.
2. The prosecutor accepts these violations provided by this Law and other legal acts of measure for suppression of violations of the law, from whoever proceeded, to accountability of persons which made them, recovery of the violated the rights and legitimate interests of citizens and the organizations.
The prosecutor exercises supervision of observance of the rights guaranteed by the state and freedoms of the citizens enshrined in the Constitution of the Republic of Belarus, legal acts and provided by the international obligations of the Republic of Belarus irrespective of their floor, race, nationality, language, origin, nationality, property and official capacity, the residence, the relation to religion, beliefs, belonging to political parties and other public associations, and also from other circumstances.
1. The prosecutor when implementing the powers is independent. Any intervention in its activities is inadmissible and involves the responsibility established by legal acts.
2. Activities of prosecutor's office are performed on the basis of subordination of subordinate prosecutors to higher prosecutors, including the Attorney-General.
3. Public prosecutor's workers cannot be members of the political parties and other public associations pursuing political goals.
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