On type and position of Russian Prosecutor's Agency in governmental units
There are two types of prosecutor's offices existing now. These are the Anglo-Saxon and the Continental prosecutor's office organizations. The main function of the first one is criminal prosecution and trial accusation. The Anglo-Saxon prosecutor's activity is not supposed to execute any kinds of supervisory activity. Institutionally it is a legal corporation serving for the public interest representation at the state or at the federal level. The Anglo-Saxon type of prosecutor's activity organization includes the North-American and the British models. The main aim of the Continental prosecutor's office is criminal prosecution and legal supervisory. Institutionally it ranks a double position. Formally all the prosecutor's agencies of this type are the structures of the Ministry of Justice, but in fact they operate in courts of different levels. These agencies have a structure with strong subordination. The typical models of the Continental prosecutor's offices are the French and the German prosecutor's agencies. The Russian (Soviet) model can also be considered a part of this classification. Russian (Soviet) prosecutors' activity model has its own position among the European prosecutor's agencies. Despite the French origins institutionally it was based on its own principles. Firstly, alongside with the criminal prosecuting activity it also executes the supervising function. In contrast to the French model prosecution itself did not generate prosecutor's supervising, but it was the Russian prosecutor's agency original feature. Secondly, the Russian (Soviet) prosecutor's agency constitutes a system of independent control (supervising) units with the formal attributes of justice. Historically these units subordinated to the supreme power in the state: at first to the Russian Emperor, later during the Soviet period to the USSR Verkhovniy Soviet (Supreme Counsel of the Soviet Union). In this way the main aim of the Russian (Soviet) prosecutors' activity was the central power interests provision on the territory of Russia. Thirdly, as a result of the soviet influence such type of prosecutors' activity organization became determinative for many socialistic countries, which did not know or refused from European traditions in state constructing. Finally the absence of Russian (Soviet) prosecutors' activity organization analogues in legal systems of the proper historical periods let us consider it as a self-dependent type of the prosecutors' activity arrangement
Keywords
prosecutor's agency, Russian prosecutor's activity arrangement model, division of powers, прокуратура, российская модель прокуратуры, разделение властейAuthors
| Name | Organization | |
| Voronin Oleg V. | Tomsk State University | ninorov@mail.ru |
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