Accepted at the twenty seventh plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of November 16, 2006 No. 27-6)
About prosecutor's office
The prosecutor's office is the independent specialized institute of the government exercising supervision of observance of the constitution, the laws, and also the rules of international law and international treaties of the state which are component of system of law of the state. The prosecutor's office performs other functions established by the law.
1. The prosecutor's office is effective for the purpose of ensuring rule of the laws, protection of rights and freedoms of man and citizen, and also protected by the law of interests of society and state.
2. Tasks of prosecutor's office are:
- taking measures to the prevention, suppression and elimination of violations of the constitution and laws, rights and freedoms of man and citizen;
- criminal prosecution and accountability of persons who committed crimes;
- taking measures to compensation of the material and other damage caused by offense;
- coordination of activities of the state bodies performing fight against crime;
- participation in all types of legal proceedings;
- ensuring interaction with foreign law enforcement agencies and the specialized international organizations for the purpose of rendering mutual legal assistance for the benefit of strengthening of fight against organized crime, other dangerous crimes;
- detection of requirements of legal regulation in different spheres of the public relations;
- ensuring objective forming of the state legal statistics and conducting special accounting, implementation of supervision of application of the laws in this sphere.
1. The prosecutor's office constitutes single centralized system of bodies and organizations with subordination of subordinate prosecutors higher and to the Attorney-General of the state (further - to the Attorney-General).
2. The prosecutor's office performs the powers irrespective of other state bodies and officials, local government bodies, political parties and other public associations, in strict accordance with the constitution and the laws of the state.
3. The prosecutor's office will organize the activities on the basis of the principles of legality, equality of all before the law, humanity, respect and strict observance of rights and freedoms of man and citizen, interaction with the state and other bodies and the organizations for the purpose of strengthening of legality and law and order.
4. Bodies of prosecutor's office are effective publicly in that measure in what it does not contradict requirements of the laws on protection of rights and freedoms of man and citizen, and also the legislation on protection of the state and other specially protected by the law secret; inform in accordance with the established procedure public authorities, local government bodies, and also the population on legality condition.
5. Intervention in activities of bodies of prosecutor's office when implementing of the powers by them is forbidden.
6. Prosecutors and investigators of bodies of prosecutor's office cannot be members of the elected and other bodies formed by public authorities, the public associations, batches and other organizations pursuing political goals.
Public prosecutor's workers have no right to combine the main activities with other paid or non-paid activities, except teaching, scientific and creative activities.
7. The acts of supervising activities of prosecutor's office which are taken out on the basis and according to the procedure established by the law are obligatory for execution in the terms determined for this purpose.
8. Actions and acts of the prosecutor can be appealed to the higher prosecutor or in court. Appeal of requirements and acts of the prosecutor does not stop their execution.
The court or the higher prosecutor can before decision according to the statement (claim) to actions or acts of the prosecutor to suspend their execution.
The higher prosecutor according to the claim of citizens and (or) legal entities or on the initiative can cancel or withdraw acts of the subordinate prosecutor.
1. Bodies of prosecutor's office consider in the procedure established by the legislation the applications, claims and other addresses containing data on violations of the laws and take measures to elimination of the revealed violations.
2. If person owing to physical, mental and other defects the protection of the rights which is not able to perform, the prosecutor take necessary measures for its providing.
3. The answer to the statement, the claim and other address shall be motivated. If grievance settlement it is refused, the procedure for appeal of the made decision, and also the right of appeal to the court shall be explained to the applicant if that is provided by the law.
4. Transfer of claims to bodies or to the official is forbidden, decisions or actions (failure to act) of which are appealed.
1. Supervision of observance of rights and freedoms of man and citizen. Supervision of execution of the laws. Objects of supervision of execution of the laws are established in each state independently.
2. Criminal prosecution and accountability of persons who committed crimes according to the powers established by the criminal procedure law of the state.
3. Participation in hearing of cases by courts.
4. Coordination of law-enforcement activities for fight against crime.
5. Participation in law-making activities.
6. Government relations, local government bodies, other bodies and organizations for providing rights and freedoms of man and citizen.
7. International legal cooperation on providing rights and freedoms of man and citizen, in fight against crimes and other offenses, on rendering legal assistance.
1. Bodies of prosecutor's office perform the functions on the basis of the analysis of condition of legality and law and order.
2. Permanent priorities of activities of all bodies of prosecutor's office are observance of rights and freedoms of man and citizen, strengthening of bases of statehood and the constitutional system of the country.
1. Impact in any form on the prosecutor for the purpose of hindrance to implementation of the powers or acceptance of illegal decision by it by it, and also non-execution of legal requirements of the prosecutors following from the powers conferred to them by the legislation attracts the responsibility established by the law.
2. Upon the demand of prosecutor's office relevant organs and authorized persons shall:
- gratuitously and with observance of the requirements to procedure for disclosure of data, components established by legal acts the commercial, bank and protected by the law other secret to provide required materials and the information;
- allocate specialists for participation in checking actions and for making the necessary conclusions in the area requiring special knowledge.
3. The instructions of the prosecutor given them within the competence are obligatory for bodies of inquiry and investigation.
4. Claimed information is provided in bodies of prosecutor's office in the forms established by the legislation, procedure, and also in the terms determined by the prosecutor.
5. Prosecutors within the competence have the right to free entrance to premises of state bodies, the organizations, irrespective of patterns of ownership, immediate acceptance by their heads and other officials concerning check, access to documents and materials, acquaintance with legal cases and their reclamation from court, except as specified, when case papers are directly in judicial proceedings.
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