Subject and limits for penitentiary supervision of the prosecutor's office

Penitentiary supervision of the prosecutor's office involves penitentiary surveillance over legality of such penitentiary measures that imply compulsory isolation from the community to ensure the interests of criminal procedure and criminal penalties enforcement as well as separate measures of an enforcement character imposed instead of criminal penalties. A unified directionality at the limitation of basic constitutional (natural) human rights, close connection with imprisonment as a main type of criminal punishment, a similar mechanism of execution and service of sentences enable us to create a unified form of public surveillance (supervision) over their realization at the national level - prosecutor's supervision over legality of compulsory isolation from the community or penitentiary supervision. In spite of the fact that native prosecutor's office supervises over legality of execution of all known to our national law types of isolation from the community, this type of supervision includes only prosecutor's surveillance over legality of the measures of compulsory isolation imposed in the criminal procedural order and carried out by Federal Penal Enforcement Service of Russia, Russian Federation Ministry of Interior and Federal Security Service of Russia. Prosecutor's supervision over other forms and types of compulsory isolation is exercised within the frame of other branches of prosecutor's supervision. Exclusion of administrative and other non-legal isolation from the subject of supervision can be explained by different conditions, order of execution and less severe conditions of imprisonment: a comparatively low degree of punitive treatment, a short term of application and absence of severe restrictions of social and biological needs. Penitentiary supervision of the prosecutor's office retains all basic features of the prosecutor's supervision over law enforcement by the administrations of bodies and offices executing criminal punishments and measures of a compulsory character imposed by the court. This supervision has an initiative and complex character and enables a prosecutor to restore legality by prosecutorial means at his sole discretion, complex legal procedures not being initiated. The range of legal possibilities includes common supervisory legal means which are used taking into account the specificity of a supervised community (Article 22, 26 of the Law on the Prosecutor's Office) and special ones provided by the Law on the Prosecutor's Offices (Article 33) and federal legislation (e.g. Article 22,24,77.1 and others of the Criminal Correctional Code of the Russian Federation, Article 7,10 and others of the Federal Law of the Russian Federation " On the confinement of suspects and accused"). The main differentiation of penitentiary supervision from a prosecutor's one is in the more precise subject of supervision that includes the surveillance over legality of the activity of administrations of correctional institutions i.e. legality connected with the enforcement of measures of compulsory isolation from the community.

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