Public prosecutor's control of law observance when executing non-custodial sentences

According to Art. 1 of the Federal Law "On Prosecutor's Office of the Russian Federation" one of prosecutorial activities is supervision of laws implementation in the institutions and agencies of criminal penalties execution. In accordance with this provision, the prosecutor has the right to participate in hearings when considering and solving issues related to sentence execution. [Such involvement, on the one hand, is a form of prosecutorial supervision over the execution of the laws by these institutions and bodies and, on the other, it, although indirectly, is connected with the prosecutor's function of criminals' prosecution, since it is criminal proceedings in one of its stages. Non-custodial sentences occupy a significant place in the system of criminal penalties. The prosecutor exercising this supervision should systematically analyse statistical data and other material relating to the activities of criminal executive inspections to evaluate the state of law and, depending on the results, schedule inspections as the most effective form of public prosecutor's control. Detected during the audit orders, decrees and regulations of the Head of the Penal Inspectorate that do not conform to the law are appealed against. The appeal is brought to the Head of the Penal Inspectorate. Before the opposition procedure, in accordance with the requirements of Art. 33 of the Federal Law "On Prosecutor's Office of the Russian Federation", the effect of the contested action is suspended. If prisoners violate the order of serving the sentence the prosecutor raises a question of their liability. If the question of commencement of proceedings on administrative violations or criminal case is raised, the prosecutor should request explanations from employees of the correctional inspectorate. The conclusion is that use of such large powers in the given supervising direction of bodies of the Public Prosecutor's Office is caused by the importance of securing the rights and freedoms of citizens serving sentences as these citizens are limited in the possibility to use means for protection of the constitutional rights and interests provided by law and accessible to other persons. In this connection, bodies of the Office of the Public Prosecutor, carrying out supervising activity, are the guarantor of protection of rights and legitimate interests of the specified subjects. Besides, the range of supervising powers of the Public Prosecutor's Office is a necessary condition, the tool for protection of legality at realization of legal acts on measures of compulsory character by the court, and appropriate execution of the punishment defined by the sentence

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