Problematic problems of prosecutor providing the rights of citizens in the constitutional (authorized) prospects of subjects of the Russian Federation

Автор: Titarenko A.V.

Журнал: Juvenis scientia @jscientia

Статья в выпуске: 11, 2017 года.

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In this article, the problematic issues of ensuring the rights of citizens in the constitutional (statutory) legal proceedings of the subjects of the Russian Federation are investigated and studied. The regulatory and legal framework has been explored and reflected, according to which the prosecutor participates in constitutional (statutory) legal proceedings. In part 2 of Art. 118 of the Constitution of the Russian Federation established that along with other forms of judicial proceedings, judicial power is exercised through constitutional litigation. Listing in part 2 of Art. 125 of the Constitution of the RF subjects who have the right to appeal to the RF Constitutional Court, the Basic Law of the country does not mention the Prosecutor General of the Russian Federation. At the same time, the Federal Constitutional Law of 21.07.1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation" also fails to mention the role of the prosecutor's office in the form of legal proceedings under consideration. This circumstance is regarded by many legal scientists investigating the organization and activities of the prosecutor's office as an essential shortcoming that hinders to a certain extent the full implementation of the prosecutor's office enshrined in Section 2, 1 of the Law on the Prosecutor's Office on the goals of ensuring the rule of law, unity and strengthening of the rule of law. This circumstance is regarded by many legal scientists investigating the organization and activities of the prosecutor's office as an essential shortcoming that hinders to a certain extent the full implementation of the prosecutor's office enshrined in Section 2, 1 of the Law on the Prosecutor's Office on the goals of ensuring the rule of law, unity and strengthening of the rule of law. At the same time, the Russian prosecutor's office is not excluded from the list of participants in the constitutional proceedings. As early as the original version of the Law of the Russian Federation of 17.01.1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation" in cl. 31 it was fixed that the Prosecutor General of the Russian Federation participates in the sessions of the Constitutional Court of the Russian Federation in accordance with the current legislation. Moreover, in Art. 36 of the Law on the Prosecutor's Office provided for the possibility of the Attorney General's submission to the Constitutional Court of the Russian Federation in cases where, in his opinion, the resolution of the Plenum of the RF Armed Forces did not comply with the Constitution.

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Prosecutor''s office, participation of the prosecutor in the constitutional proceedings, constitutional court, prosecutor general of the russian federation, constitution

Короткий адрес: https://sciup.org/14110437

IDR: 14110437   |   DOI: 10.15643/jscientia.2017.11.011

Статья научная