History of Prosecution Service of the Russian Federation
The Prosecution Service of the Russian Federation, as a body of the federal government, supervises over observance of the legality, law and order in Russia with a view to secure supremacy of the Russian Constitution and the federal legislation, to protect human rights and freedoms, and legal interests of the Russian Federation, its constituent elements and municipal units.
The foundation of the modern Russian Prosecution Service was laid by Peter I, (Peter the Great) who founded the Prosecution Service in Russia on January 12, 1722. Peter I Highest Decree ordered to the Governing Senate: "It is of need to have a Prosecutor General and a Chief Public Prosecutor, and also one Public Prosecutor in every Board to the Senate who should report to Prosecutor General”. Several days later, positions of Public Prosecutors were introduced in outer courts. During the establishment of the Prosecution Service by Peter I, it was tasked “to destroy or weaken the evil arising from disorders in actions, injustice, bribery and lawlessness”.
On January 18, Emperor Peter I appointed Count Pavel Ivanovich Yaguzhinsky as the first Prosecutor General of the Senate. When representing the Prosecutor General to the senators Peter I said: “Here is my eye with which I shall see everything”. This idea was reflected in the Decree of April 27, 1722 On the position of Prosecutor General: “And since then this position shall be like our eye and attorney in the state affairs”. This Decree set the main duties and powers of the Prosecutor General in supervising over the Senate and managing subordinated prosecution authorities.
Catherine II held the position of Prosecutor General in high esteem. In 1764, taking up the post of Prosecutor General, Prince Alexander Alekseyevich Vyazemsky received “strictly confidential instructions” from the Empress written with her own hand, not limiting his official duties, and giving basic guidelines for his mutual relations with the Senate and senators, focusing on the matters of high priority he should first deal with. For example, the Empress proposed to keep strict watch upon the “circulation of money “ in the state, to consider carefully the “issue of silver”, to think over the restriction of bootlegging, in which, according to her, so many were guilty that entire provinces could be punished”.
In different periods of the Russian history the Prosecutor General acted not only as the guardian of the law, but also as the Minister of Finance, Minister of Internal Affairs. It was especially evident during the reign of Catherine II and Paul I. Since 1802, the Prosecutor General simultaneously became the Minister of Justice. The judicial reform of 1864 established the Fundamental principles of judicial transformations which, in terms of judicial organization, defined that “special public prosecutors should have colleagues due to the great number of complicated matters they deal with” and that “prosecution authority should be separated from the judicial one”.
On November 24, 1917, the public supreme authority — the Council of People’s Commissars accepted Decree 1 On Courts abolishing courts, existed up to the October Revolution, institutes of examining magistrates, prosecutorial supervision, and jury and private lawyers. Their duties were taken on by newly created people's courts and revolutionary tribunals. Special investigative commissions were set up to conduct preliminary investigation.
On May 28, 1922, a Regulation on prosecutorial supervision was accepted. According to the Regulation, the State Prosecution Service was established within the People’s Commissariat of Justice. At that, the following functions were assigned to the Prosecution Service:
- Realization on behalf of the state supervision over legality of actions of all authorities , economic establishments, public and private organizations, as well as private persons by criminal prosecution against the guilty and protest against decisions breaking the law;
- on behalf of the State, to supervise over the legality of actions of all public authorities, economic institutions, public and private organizations, as well as individuals through institution of prosecution against the guilty and appeal against resolutions violating the law; - to directly supervise over activities of inquiry authorities detecting crimes, and over activities of the State Political Administration authorities; - to appear for the prosecution in courts; - to supervise over the legality of detention in custody.
On November 23, 1923, the Prosecution Service of the Supreme Court of the USSR was established. P.A.Krasikov was appointed to the post of the Public Prosecutor of the Supreme Court. He was entrusted with ample powers: power to introduce legislation and deliberately vote at sessions of the supreme public authorities and to suspend decisions and verdicts of the Supreme Court benches of the USSR.
After establishment of the Prosecution Service of the Supreme Court of the USSR, two systems started to operate in the country. They were not connected organizationally: the above-named Prosecution Service and Public Prosecutor's Offices of the Union Republics within the system of People’s Commissariats of Justice.
On June 20, 1933, the Prosecution Service of the USSR was formed. It was entrusted with the following duties: - to supervise over conformity of resolutions and orders of separate institutions of the USSR and the Union Republics and local authorities to the Constitutions and Resolutions of the USSR Government; - to - supervise over proper and uniform law enforcement by judicial institutions of the Union Republics with the right to demand and obtain case files at any stage of proceedings, to appeal against sentences and judicial decisions to higher courts and to suspend their execution; - to initiate prosecution and appear for the prosecution in all juridical instances of the USSR; - to supervise, upon special regulations, over legality and accuracy of actions of the Unified State Political Department (OGPU), militia, criminal investigation department, activities of the corrective labor institutions; - to perform overall management of the prosecution authorities and the Union Republics.
Thus, in spite of the fact that prosecution services have been operating within the system of the People’s Commissariats of Justice in the Union Republics for three years, all prosecution authorities were consolidated under consolidated under the uniform efficient leadership. The Prosecution Service of the Supreme Court of the USSR was abolished. I.A.Akulov was appointed the first Public Prosecutor of the USSR.
On March 19, 1946, the Public Prosecutor of the USSR was named Prosecutor General of the USSR according to the law accepted by the Supreme Council of the USSR.
On December 28, 1955, the Regulation on prosecutorial supervision in the USSR, specifying, for the first time, basic functions of supreme supervision over all its activities, was approved.
Article 29 became the most remarkable innovation, providing that in the event, if the Prosecutor General of the USSR decided that a resolution of the plenary session of the USSR Supreme Court did not comply with the law, he shall address this issue to the Presidium of the Supreme Council of the USSR. Therefore, the Prosecutor General of the USSR was entrusted with the legal right to demand revocation of or changes in the decision that had already been made by the supreme judicial authority of the USSR.
On November 30, 1979, the Law on Public Prosecution Service of the USSR was adopted stipulating by law, for the first time, that the prosecution authorities constituted a uniform and centralized system — the Prosecution Service of the USSR - headed by the Prosecutor General of the USSR, with subordination of low-level public prosecutors to high-level ones.
This organization of the Prosecution Service was repeated in the Federal Law On Public Prosecution Service of the Russian Federation of January 17, 1992, defining the Prosecution Service of the Russian Federation as a uniform federal centralized system of the bodies supervising, on behalf of the Russian Federation, over observance of the Constitution of the Russian Federation and implementation of the effective Russian laws (Article 1, part 1 of the Federal Law).
The nationwide importance of the functions assigned to the Prosecution Service has predetermined its status as a constitutional body enshrined in Chapter 7 of the Constitution of the Russian Federation “Judicial Authority” of December 12, 1993.
Article 129 of the Constitution of the Russian Federation defines that the Prosecution Service of the Russian Federation shall constitute a uniform centralized system of subordination of the low-level public prosecutors to the higher ones and to the Prosecutor General of the Russian Federation. Moreover, the Constitution of the Russian Federation establishes a special procedure of appointment and dismissal of the Prosecutor General of the Russian Federation – by the legislative authority (the Council of Federation) upon representation of the President of the Russian Federation.
The Federal Law On the Public Prosecution Service of the Russian Federation (as amended by the Federal Law of February 10, 1999) of November 17, 1995, that was further on changed and amended, became a big step toward stabilization of the system, formation of its state and legal status.
As a result of legislative transformations, the Russian Prosecution Service was finally formed as a structurally and functionally independent public authority outside any branch of authority.
While performing its duties in securing the rule of law, unity and strengthening of legality, the Prosecution Service of the Russian Federation shall:
- supervise over implementation of laws and observance of human rights and freedoms by federal ministries, state committees, services and other relevant federal executive authorities, representative (legislative) and executive authorities of the constituent elements of the Russian Federation, local government authorities, military authorities, inspection authorities, their executives, regulatory authorities and heads of commercial organizations and NGOs, and also over conformity of legal acts issued by the laws to such laws; - supervise over execution of laws by the operative and search authorities, inquiry and preliminary investigation authorities; - supervise over execution of laws by administrations of penitentiary and enforcement authorities and institutions, administrations of prisons and other detention facilities; - supervise over implementation of laws by bailiffs; - prosecute crimes; - coordinate activities of the law enforcement authorities in combating crime. In accordance with the procedural criminal legislation, public prosecutors participate in consideration of cases by the courts of general jurisdiction and arbitration courts, and also appear for the prosecution in criminal proceedings.
The Prosecution Service takes part in law-making at federal, regional and local levels, co-operates on a wide range of legal matters at the international level.
The essence of transformations made in the system of the Prosecution Service, in the present Russian statehood conditions, is to ensure its status as a main guardian of laws at the historically important stage of economic, political, social reforms, during the formation and development of the legal state.
As early as the first Russian Law on Public Prosecution Service (1992) abolished the total supervision over implementation of laws by citizens; the Prosecution Service was prohibited from interference in economic activities. The essence of prosecutorial supervision, which is nowadays carried out over execution of essentially new legislation regulating drastically changed social relations, became absolutely different.
The priority of supervision over observance of human rights and freedoms has been established and is consistently put into practice. There were essential changes made in the position of the public prosecutor in criminal and civil proceedings. The Prosecution Service has become one of the parties participating in judicial proceedings from the authority supervising over legality of consideration of cases in courts. The personnel of the prosecution authorities have been improved in a qualitative sense. There have been other changes made in the position of the prosecution authorities, their competence and terms of reference, content and forms of activity in the spirit of times and in the context of new economic, political, social realities.
With a view to strengthen legality, significant internal transformations have been made within the prosecution authorities: powers of Public Prosecutor's Offices of the constituent elements of the Russian Federation have been extended with reassignment the majority of specialized Public Prosecutor’s Offices; divisions of the Prosecutor General’s Office of the Russian Federation have been set up in federal districts; a department for investigation of crimes relating to the federal security and interethnic relations in the Northern Caucasus and a department for supervision over implementation of the legislation relating to combating drug trafficking have been formed. Moreover, organizational changes touched upon the activities of the Prosecution Service securing the legality in economic and social spheres, transport, pre-trial and judicial stages of criminal proceedings, civil and arbitration proceedings and in other spheres.
At present, a strong legal framework of comprehensive activities of the prosecution authorities has been basically set up as a tool maintaining the ideas of the legal state and ensuring the rule of law and legality. In accordance with the federal law, the Prosecution Service shall exercise authorities independently from the public authorities (both federal and regional), local government authorities, public associations and in strict conformity with the effective legislation of the Russian Federation. In particular, the law envisaged inadmissibility of interference in the activity of the Prosecution Service, any influence on a public prosecutor or inspector with the purpose to affect their decisions or to obstruct their activity. The orders of the public prosecutor falling within his/her powers prescribed by the law, are subject to unconditional execution in due time.
The law provides specific legal guarantees ensuring independence of officers of the Prosecution Service. In particular, public prosecutors and investigators cannot be members of elective and other bodies formed by public authorities and local government authorities. Officers of the Prosecution Service cannot be members of public associations pursuing political objectives and take part in their activity. The formation and activity of such associations, their structures within the prosecution authorities and institutions of the Prosecution Service shall be prohibited. Public Prosecutors and investigators, performing their duties, shall not be bound by decisions of public associations. Officers of the Prosecution Service have no the right to combine their primary activity with any other activity, whether paid or not paid, except for teaching, scientific and creative activities.
Detention, reconduction, inspection of a public prosecutor or investigator (their personal belongings, vehicle), except for the cases provided by the federal law to ensure safety of other persons, and also to detain for the commission of a crime, shall not be allowed. The prosecution authorities shall be solely responsible for institution and investigation of a criminal case against them (except for the cases when they are caught in crime).
The procedural position of a public prosecutor, his/her powers, legal tools of their implementation in various judicial instances when considering criminal, civil, arbitration cases, administrative offences shall be regulated by the Code of Criminal Procedure of the Russian Federation, the Code of Civil Procedure of the Russian Federation, the Code of Arbitration Procedure of the Russian Federation, the Code of Administrative Offences of the Russian Federation respectively.
The particularities of prosecutorial supervision over customs relations shall be regulated by the Customs Code of the Russian Federation. Separate legal provisions, mainly defining the objectives and supervisory function of public prosecutors in relevant areas of legal relations, are contained in the Labor Code of the Russian Federation and some other codified statutes.
International legal acts implemented (included) in the legal system of the Russian Federation also relate to the legal basis of the activities of the Prosecution Service. In particular, as for international co-operation in combating crime, extradition (surrender) of criminals and other issues fall within the scope of activities of the Prosecution Service.
Some areas of activity of the Prosecution Service are regulated by decrees of the President of the Russian Federation, for example, coordination of activity of the law-enforcement authorities in fighting against crime.
Moreover, the prosecution authorities are governed by resolutions of the Constitutional Court of the Russian Federation in ensuring the legality.
In compliance with the Federal Law On Prosecution Service of the Russian Federation, the Prosecutor General of the Russian Federation shall issue orders, regulations, decrees, provisions and instructions for obligatory execution by all officers of the prosecution authorities and institutions regulating organization of operation of the system of the Prosecution Service and a procedure of implementation of measures ensuring material and social welfare of the above officers.
In some cases, compulsory execution of legal acts issued by the Prosecutor General of the Russian Federation and falling outside the system of the prosecution authorities is a specific feature of the departmental law-making carried out by the Prosecutor General of the Russian Federation. This relates to instructions of the Prosecutor General of the Russian Federation concerning preliminary investigation and inquiry that do not require legislative regulation. The organization of operation of the system of the Russian Prosecution Service along with independence and subordination only to the law is based on some other principles.
The principle of unanimity means that all territorial and specialized public prosecutor’s offices of the Russian Federation constitute a uniform system. The formation and activity of the prosecution authorities outside the unified system of the Prosecution Service of the Russian Federation shall not be allowed. According to this principle, public prosecutors of all levels shall have uniform powers and means of their implementation in the form of such acts of prosecutorial response as protests, representations, determinations, cautions on inadmissibility of violating the law, applications to courts, etc.
The centralization of the system of the prosecution authorities is shown in subordination of low-level public prosecutors to higher public prosecutors and to the Prosecutor General of the Russian Federation.
Public prosecutors of cities and regions, specialized public prosecutor's offices are appointed and dismissed by the Prosecutor General of the Russian Federation. Public prosecutors of the constituent elements of the Russian Federation are appointed by the Prosecutor General of the Russian Federation upon agreement with the public authorities of the constituent elements of the Russian Federation, and are dismissed by them without any agreement.
The principle of publicity means open activity of the prosecution authorities, their availability to the citizens and mass media. The society controls the activity of the prosecution authorities through implementation of this principle.
Public prosecutors act publicly to the extent that it does not contradict requirements of the legislation on the protection of human rights and freedoms, of state secret and other secret specially protected by the law (for example, secrecy of investigation).
OOne of the examples showing the principle of publicity is an annual presentation of a report by the Prosecutor General of the Russian Federation on the state of law and order, and on their strengthening to the President of the Russian Federation and Chambers of the Federal Assembly of the Russian Federation. Subordinate public prosecutors provide such information to the public authorities of the Russian Federation constituent elements, local authorities.
The Prosecutor General of the Russian Federation obliged the prosecution authorities upon his order to inform on a regular basis the population through the mass-media about measures taken by the Prosecution Service and other law-enforcement authorities to combat crime, suppress the activities of organized criminal groups; to promptly inform the mass media about criminal cases instituted upon the commission of crimes of high public interest, developments and results of their investigation, judicial proceedings and sentences issued, and also about prosecutorial checkups revealing serious violations of the legality, about damage remunerated by the Prosecution Service affecting both state interests and the interests of particular individuals.
The co-operation between the prosecution authorities and human rights organizations and other public institutions is organized for the protection of human rights and freedoms on the basis of wide publicity.
The principle of legality is the most important legal beginning of the activity of all law-enforcement and law protection subjects. According to the famous Russian lawyer A.F.Koni, this is the main principle of the activities of the Prosecution Service, which appears to be a living reminder of the law because it serves in the interests of execution of laws as a core of legality. It is the main objective of the Prosecution Service – to ensure rule of law, legality and strengthening of law.
The key legal category revealing and explaining the essence, structure and limits of the activities of the Prosecution Service is its functions which are predetermined by the social applicability of the Prosecution Service, expressed in its tasks, are characterized by specific terms of reference, directed to the solution of these tasks and require the use of its relevant powers and legal tools.
The main function of the Prosecution Service is supervision over execution of laws. Depending on the spheres of legal relations falling within the scope of activity of the Prosecution Service (spheres of activities of the executive and administrative bodies, investigating authorities, execution of judgments etc.), supervision are divided into branches (directions) which are systematically interrelated.
Great is the role of the Prosecution Service in providing uniform legal space. Between 2000 to 2002, public prosecutors challenged about 10 thousand illegal acts of representative (legislative) and executive bodies of the constituent elements of the Russian Federation, about 80 thousand regulatory legal acts of local government authorities and almost 10 thousand charters of municipal units.
The majority of them were brought in line with the law or cancelled. Considerable part of illegal regulatory acts was connected, to a certain extent, with intense updating of the federal legislation.
However, the brining regional laws in line with federal laws remain one of the constant aspects of the prosecutorial activities.
The important aspect of the human rights function of the Prosecution Service is processing letters and applications of citizens addressed to the Prosecution Service asking for assistance in restoration of the rights infringed. Public prosecutors annually examine and consider about 1.5 million applications of citizens and nearly one million of citizens are accepted in personal.
Public prosecutors of all levels detect about 500,000 infringements of legality in various spheres of social life a year, thus the violated rights are restored under the acts of prosecutorial supervision, and those guilty are brought to justice.
Public Prosecutors annually submit about 100,000 applications to courts to protect housing, labor, pension and other rights and legitimate interests of citizens, who by age, state of health, and other circumstances cannot independently defend their rights.
Due to protests and other acts of prosecutorial response against violations of law in the economic sphere, substantial sums of money are annually paid back to the government budget and the rights of many good-faith businessmen and proprietors are restored.
Significant changes have been recently made in criminal prosecution for crimes carried out by the Prosecution Service. First, it deals with the authority of the public prosecutor to initiate a criminal case for the commission of any crime, to entrust a relevant investigator, an inquiry agency with the investigation of the crime, or, irrespective of the investigative jurisdiction, to initiate proceedings in any case in accordance with the relevant procedure. Under the new Code of Criminal Procedure of the Russian Federation, no criminal case can be instigated without consent of the public prosecutor. Upon consent of the public prosecutor only, investigators, inquiry officers can apply to the court for a decision authorizing imprisonment of the accused (suspect), performance of proceedings significantly affecting the rights and legal interests of citizens. Investigators of the Prosecution Service investigate murder cases and other grave crimes committed against the person, crimes against human rights and freedoms envisaged by the Constitution, against the interests of the state service, justice, crimes committed by military men and officials, a number of other cases. They investigate more than 100,000 criminal cases a year. Criminal prosecution initiated, organized and directly executed by public prosecutors at the pretrial stage is closely connected with supervision over execution of laws by inquiry and investigative authorities and subjects of operative and search activities. This prerogative power of public prosecutors is directly connected with enforcement of law at initial stages of criminal prosecution.
In accordance with the new procedural criminal law, participation of public prosecutors became, to a large extent, different in consideration of criminal cases by courts. At present, the Prosecution Service must ensure state prosecution in all cases public and private-public prosecution-related cases. They act as adversarial and equal parties in consideration of subject-matter of criminal cases, where sentences are issued in trial courts, and also at supervisory stages of criminal proceedings (cassation, appellate and supervisory). That is one of the most important guarantees of fair democratic justice, without which there can be no true legality. Public prosecutors participate in consideration of up to one million criminal cases a year. The new criminal proceedings required, at the stage of judicial examination, to increase the number of public prosecutors, improve the quality and efficiency of their work, and take other organizational and staff measures which were promptly carried out.
Enforcement of legality in the primary sphere of the social life – economics, social sphere, protection of human rights, public interests – is facilitated, to a large extent, through participation of public prosecutors in civil and arbitration proceedings. It gives tangible results expressed not only in treasury reimbursement, but also in restoration of the human rights infringed and in other important values. That fact, that claims of public prosecutors in civil proceedings are satisfied by courts by more than 90 per cent, cassation and supervisory representations in civil cases — by more than 80 per cent, also shows high quality and efficiency of the work of public prosecutors in this important area.
Coordination by the Prosecution Service of activities performed by the law-enforcement authorities in fighting against crime ensures concurrence of their efforts in combating crime, prevention from disunity, and variety of opinions in this sphere. Thus, it has a particular importance in view of increase in organized and professional crime, strengthening consolidation of criminal underworld.
Quite an independent function of the Prosecution Service, closely connected with its supervisory and other functions, is its participation in law-making. The public prosecutor often faces loopholes, contradictions and other imperfections in current regulatory legal acts, while exercising his/her supervisory and other powers. In such cases, he/she submits proposals amending, adding, revoking or accepting laws and other regulatory legal acts to legislative authorities and authorities with powers to introduce legislation of relevant and inferior levels.
The most important draft laws pass a sort of examination in the Prosecutor General's Office of the Russian Federation and in its scientific institutions. Public prosecutors bring certain contribution to law-making through their participation in sessions of the legislative, executive authorities and local government authorities.
The system of bodies and institutions of the Prosecution Service, its organizational structure are constructed and developed in view of optimum performance of its functions.
The system of the Prosecution Service of the Russian Federation consists of: Prosecutor General’s Office of the Russian Federation; public prosecutor’s offices of the constituent elements of the Russian Federation and military and other specialized public prosecutor’s offices attributed to them; municipal, regional, interdistrict public prosecutor's offices and other specialized public prosecutor’s offices attributed to them. The system of the Prosecution Service of the Russian Federation includes scientific and educational institutions.
Due to the appearance of a conceptually new administrative and territorial institute – federal districts, originally relevant departments were set up in them; since 2002 – divisions of the Prosecutor General’s Office of the Russian Federation; since 2006 – the General Department and departments.
These units, without the replacement of other departments of the Prosecutor General’s Office of the Russian Federation, have accumulated not only supervisory powers but also a significant part of administrative authorities in relation to public prosecutor’s office of the constituent elements of the Russian Federation included in the district. The College is established in the Prosecutor General’s Office of the Russian Federation as an advisory body. The most important issues relating to the activities of the prosecution authorities, topical issues connected with the organization and administration, execution of orders and instructions of the Prosecutor General of the Russian Federation are considered at its sessions.
The structure of the Prosecutor General’s Office of the Russian Federation includes the Chief Military Prosecutor’s Office as one of divisions. It is headed by the Deputy Prosecutor General of the Russian Federation — the Chief Military Prosecutor. The Office of the Chief Military Prosecutor consists, in its turn, of departments and divisions. They ensure performance of functions entrusted with military prosecutors in supervision over implementation of laws in the Russian Armed forces and criminal prosecution against military men.
The Research Advisory Council is an advisory body under the Prosecutor General of the Russian Federation. It renders scientific and methodical assistance to the prosecution authorities.
There are the Research Institute of the Problems of Strengthening of Law and Order, the Institute of Professional Development of Executive Staff, and also institutes for retraining of officers of the prosecution and investigative authorities in St. Petersburg and Irkutsk under the Prosecutor General’s Office of the Russian Federation.
The institutes operate in compliance with approved charters, in close co-operation with divisions of Prosecutor General’s Office of the Russian Federation.
The second link of the prosecutorial system – public prosecutor’s offices of the constituent elements of the Russian Federation and other public prosecutor’s offices attributed to them.
The organization of territorial public prosecutor's offices corresponds to the federal form of the Russian Government. There are relevant public prosecutor's offices in every republic, territory, region, federal cities, autonomous region, and autonomous districts of the Russian Federation.
Military public prosecutor’s offices operate on the basis of public prosecutor’s offices of the constituent elements of the Russian Federation: public prosecutor’s offices of military districts, fleets, a public prosecutor’s office of the Federal Border Service and other public prosecutor’s offices subordinate to the Prosecutor General of the Russian Federation.
Since 1991, the Volga Inter-Regional Environmental Public Prosecutor’s Office has been operating on the basis of a public prosecutor’s office of the constituent element of the Russian Federation. It supervises over implementation of law on environmental protection in the Volga basin along with environmental inter-regional public prosecutor’s offices subordinated to it.
The structure of the public prosecutor’s offices of the constituent elements of the Russian Federation, military prosecutor’s offices attributed to them, and the Volga Inter-Regional Environmental Public Prosecutor’s Office consists of departments and divisions. Colleges are set up within the public prosecutor’s offices of this link.
The main operating link – municipal and regional public prosecutor’s offices, transport prosecutor’s offices attributed to them, environmental public prosecutor’s offices, public prosecutor’s offices supervising over implementation of law in closed administrative territorial units and highly secure facilities, public prosecutor’s offices supervising over legality of execution of criminal sanctions, military prosecutor’s offices of garrisons. All these public prosecutor’s offices are directly subordinate to public prosecutors of republics, territories, regions, an autonomous region, autonomous districts, to military prosecutors of districts, fleets and service arms respectively.
In certain cities (Moscow, Krasnodar, Omsk) there is no regional division and administrative districts are formed. There, upon the orders of the Prosecutor General of the Russian Federation, public prosecutor’s offices of administrative districts are established and they were given a status of regional public prosecutor’s offices.
There are only municipal and regional public prosecutor’s offices in the majority of constituent elements of the Russian Federation.
However, inter-regional public prosecutor's offices conducting supervision in several regions, are established in some republics, territories, regions and autonomous districts.
In total, there are 2830 regional (inter-regional) and municipal public prosecutor’s offices operating within the system as of July 1, 2006.
The service in the prosecution authorities and institutions is a special type of federal public law-enforcement service. Offices of the Prosecution Service are civil servants of the public service of the Russian Federation acting on a state post of the federal public service in compliance with the Federal Law On Prosecution Service of the Russian Federation.
The law defines a set of conditions, which observance is required in deciding on induction to serve for the prosecution authorities and institutions.
Thus, the Russian nationals only can become public prosecutors or investigators. Public prosecutors or investigators can become persons with higher legal education graduated from a higher nationally accredited educational institution.
Under the law, high demands are made on persons appointed to the posts of a either public prosecutor or an investigator. Thus, persons with current or previous criminal records in any crime cannot be accepted for service in the prosecution authorities or institutions.
Persons under 25 years of age cannot be appointed to a post of the public prosecutor of the regional, municipal public prosecutor’s offices or other public prosecutor’s offices attributed to them; persons under 30 years of age cannot be appointed to a post of public prosecutors of the Russian constituent elements (or other public prosecutor’s offices attributed to them), moreover, their service record must be no less than three and five years respectively.
Persons first appointed to a post of either a public prosecutor or an investigator take an oath of either a public prosecutor (or an investigator).
Officers of the Prosecution Service are conferred class ranks.
The law specifically regulates material and social support of the officers of the Prosecution Service. Particular guarantees, measures of legal and social protection are established in view of complexity of their work. Restrictions established by the federal legislation for civil servants are applied in relation to officers of the Prosecution Service.