Forms of Interaction Between the Prosecutor’s Office and Local Self-Government Bodies: Issues of Legal Regulation
The interaction of the prosecutor’s office with public authorities is one of the most important areas of prosecutorial activity. At the same time, most scientific works devoted to similar topics lack a comprehensive analysis of the problems of legal regulation of forms of interaction between prosecutorial authorities and local government bodies. Within the framework of this article, using general scientific methods (comparison, analysis and synthesis) and private scientific methods (formal legal method and method of interpretation of legal norms), certain provisions are considered that determine the implementation of forms of interaction between prosecutors and local governments. The researcher conducted an analysis of the legal nature of the forms of interaction between the prosecutor’s office and local government bodies, proposed an original approach to identifying the essence of direct and indirect substitution of the powers of local government bodies in the field of rule-making by the prosecutor’s office, and identified a number of problems associated with the implementation of interaction between these subjects of legal relations. The indicated problems include violation of the principle of independence of prosecutorial supervision when the prosecutor exercises the right of rule-making initiative in a representative body of local government; the inadmissibility of the substitution of the powers of local government bodies by prosecutorial bodies when participating in law-making activities; the adoption by a local government body of municipal legal acts submitted by the prosecutorial body in an unchanged form. It is proposed to improve the legal approach aimed at developing the limits of interaction between prosecutorial bodies and local government bodies, including in terms of establishing specific criteria that determine the admissibility of submitting a draft municipal legal act to the competent local government body, which will ultimately ensure the formation of an optimal model of their interaction.
Authors
- Aleksey Nadin
Institutions
- The Institute of Legislation and Comparative Law under the Government of the Russian Federation (RU)
Publication Details
- Journal
- Journal of Russian Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.61205/s160565900032013-8
- Citations
- 1
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 15.98