Right-securing and human rights activities of the RF Prosecutor's Office

Ensuring the legal status of the person consists in the protection of the rights and freedoms of man and citizen. In general, securing is maintaining the smooth implementation of rights and freedoms, creating conditions for their implementation. Human rights activities, in turn, occur when the legal status of the person is challenged to prevent violations and to restore the former legitimate status. With regard to the prosecutor's activity, securing is expressed primarily in the prevention of a possible violation of the legal status of the person by observing the rights and freedoms of man and citizen. The protection of violated rights and freedoms (the human rights prosecutor's activity) is to respond to the violation of the legal provisions in order to restore its former legitimate status. This division is conditional because of the fact that a particular type of prosecutorial activities (prosecutor's procedure) can occur in the form of protective and remedial action, be a reflection of the implementation of several prosecutor's functions and include implementation of various means of prosecutorial response. However, if to focus on the type of activities and form of their implementation, it is possible to highlight the activities of the prosecutor, where the main task is to create conditions for the implementation of the legal status of the person. It is prosecutor's supervision over the observance of the rights and freedoms of man and citizen and activities designed to protect the violated individual rights, which is human rights activities of the prosecutor. The first direction will be implemented mainly in the form of prosecutor's supervision, the second in the supervision, as well as in other activities of the prosecutor's office. In both cases this activity is completely conditioned by prosecutor's supervision. In other words, right-securing and human rights prosecutor's activities are forms of prosecutor's supervision, or derive from these activities. The task of a separate branch of the prosecutor's supervision - supervision over the observance of the rights and freedoms of man and citizen - is to ensure the rights and freedoms that are not monitored by other branches. Such rights and freedoms constitute a separate subject. The actual content of supervision is to monitor the observance of the general legal status of man and citizen, set by generally accepted international rules, ratified international treaties, the Constitution and other laws in force in the territory of the Russian Federation. This branch has certain legal remedies established by Art. 27 of the Law on the Prosecution Service of the Russian Federation. The subject of the prosecutor's supervision over the observance of the rights and freedoms of man and citizen in other branches is supervision over the observance of special rights and freedoms of the persons involved in the activities of the supervised bodies and institutions. In this case, the prosecutor uses legal means available within specific branches of prosecutor's supervision.

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