On modern prosecutor's supervision

Prosecutor's supervision is an independent legal phenomenon, distinct from other types of control activity. This is the only type of public activity that has its own special content, which forms legality as a goal, means and principle of prosecutorial activity. The necessary element of the modern content of legality is the provision of human and citizen rights and freedoms. The main way to implement prosecutor's supervision is surveillance, which includes identifying and responding to identified violations. The response is carried out by restoring the violated law, presupposing the elimination of negative consequences and the return of disturbed social relations to the previous lawful state. Restoration of the violated legality is carried out using supervisory means and with the help of initiating a more complex law enforcement activity - the initiation of administrative, judicial and other proceedings. Restoration of legality in a complicated form is a special case of the prosecutor's response. The unified prosecutor's supervision is divided into separate branches. Each branch has its own subject of prosecutor's supervision, which refers to acts and actions (behaviour) of supervised bodies, institutions and officials as an actual expression of their activities. The subjects are determined for each branch separately by specifying the limits of supervision: by the circle of persons whose activities are included in the subject of prosecutor's supervision, and legal relations from which the activities of supervised persons arise. The limit on the circle of supervised persons is the main one. It consists of limiting supervision to the activity of an autonomous set of bodies, institutions and officials with similar goals and functions and the same legal regulation. The limit on the range of acts is independent, but does not have a high degree of universality as the previous one and is defined as an aggregate of normative legal acts, the execution of which is supervised by the prosecutor within specific branches. For each branch, it is determined separately. The limit on the circle of legal relations is determined by direct indication of the law or by clarifying the nature of legal relations. In the latter case, the subject of supervision includes legal relations arising in the course of activities of supervised persons in which there is a possibility of a significant restriction of the legal status of dependent participants, or when the latter are in some dependence on supervised persons. Taking into account the identified criteria, the prosecutor's supervision falls into the following branches: supervision over the execution of laws and legality of legal acts; surveillance over human and civil rights and freedoms; supervision of the execution of laws by bodies conducting operational search activities and preliminary investigation; supervision over the execution of laws in places of isolation from society and in the enforcement of punishment and measures of a forced nature appointed by the court; supervision of the execution of laws by bailiffs.

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