On modern public prosecutors supervision content

Accordingto the existing legislation the modern Russian Prosecutors Office executes two main activities. They are prosecutors supervisionand criminal prosecution. The other functions mentioned in Part 2 Art. 1 of The Prosecutors Act are considered as derivative ones. Forinstance, the prosecutors coordination activity concerning delinquency control and trial case hearing participation can be supposed asseparate prosecutors functions as long as they are implemented in the frames of prosecutors supervision and criminal prosecution.Thus all other prosecutors activities are executed in the frames of these two main functions. That is why the modern Russian ProsecutorsOffice is considered to belong to its own special type. It is called mixed because it has the features of the Prosecutors Office,which is obliged to execute only criminal prosecution; at the same time it has the features of the Prosecutors Office of the control type.The modern prosecutors supervision is an independent legal phenomenon, which differs from other forms of public monitoring. Todayit is the only public control activity supposing the legal evaluation of the conduct of the maximum number of public agents. No doubt, asa kind of control activity it has some similar features with monitoring, but its purposes, destination, principles of organization and executionand forms of activity do not allow defining it as an ordinary form of public monitoring. Theoretically the Prosecutors Supervisioncategory has two aspects. First of all, it is a separate form of prosecutors activity. Then, it is a complex of legal relations originatedfrom this activity. Taking into account a low level of todays legal regulation using the definition of Prosecutors Supervision asa separate form of activity is more correct. The legal modification of the normative comprehension of zakonnost (lawfulness) led to awider usage of the notion public interest. The main difference is in more intensive intervention in supervised agents conduct than ithappened during traditional prosecutors monitoring. Ultimately this intervention is ensured by a trial application. Thus, step-by-stepprosecutors monitoring during supervising has been getting the trial hearing form. Traditionally, prosecutors supervision is consideredas a kind of informal way of legal application, which consists of several prosecutors procedures based on quasi-administrative andquasi-remedial methods of case solving. On the whole, the modern prosecutors supervision preserves this character. At the same timethe enlargement of remedial content in its activity makes it operate with judicial methods of case solving more often. Thereupon, thearrangement of modern prosecutors supervising gradually stands closer to trial case hearing as a classic form of legal application. In thatway this activity truly can be considered not as supervision itself, but as prosecutors process existing in different forms and consistingof several procedures.

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