Institutionalization of powers and functions of the prosecutor's office in the field of supervision over compliance with constitutional human and civil rights and freedoms

Relevance. The function of prosecutorial supervision over the observance of human and civil rights and freedoms has not received a succinct and concise resolution in legislation or in theoretical and methodological developments. The relevance of this study is due to the need for a comparative analysis of the powers of the prosecutor’s office and a number of other structural units of the state apparatus, whose competence includes the protection of constitutional rights and freedoms. The purpose. This study is an attempt by the author to systematize the powers and functions of the prosecutor’s office in the field of implementation of the constitutional rights and freedoms of man and citizen. Objectives. The stated goal involves solving a number of research problems, including studying the content of theory, legislation and law enforcement practice in the field of prosecutorial humanitarian supervision. Methodology. The methodological basis of the study includes general and special methods and techniques that have been developed and tested by modern legal science: analysis and synthesis, induction and deduction, dialectical approach. Results. The author proves that the balance and internal consistency of the system of state protection of human and civil rights and freedoms is guaranteed mainly due to the constitutional principles of non-departmental and intersectoral nature of prosecutorial supervision. Conclusion. The effectiveness of prosecutorial supervision over the observance of citizens' rights is facilitated by: the prosecutor's non-interference in the operational and economic activities of supervised persons, the inadmissibility of interference by the prosecutor's office in the competence of other government bodies and officials, the discretion of the prosecutor's office in choosing the means of prosecutorial response depending on the prevailing circumstances and the legal content of the applicant's case.

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Publication Details

Journal
Proceedings of the Southwest State University Series History and Law
Published
2025-05-10
DOI
https://doi.org/10.21869/2223-1501-2025-15-2-89-99
Primary Topic
European Criminal Justice and Data Protection
Type
article
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article

Institutionalization of powers and functions of the prosecutor's office in the field of supervision over compliance with constitutional human and civil rights and freedoms

R. A. Belyaev
Proceedings of the Southwest State University Series History and Law
European Criminal Justice and Data Protection
article

Institutionalization of powers and functions of the prosecutor's office in the field of supervision over compliance with constitutional human and civil rights and freedoms

R. A. Belyaev
article en

Abstract

Relevance. The function of prosecutorial supervision over the observance of human and civil rights and freedoms has not received a succinct and concise resolution in legislation or in theoretical and methodological developments. The relevance of this study is due to the need for a comparative analysis of the powers of the prosecutor’s office and a number of other structural units of the state apparatus, whose competence includes the protection of constitutional rights and freedoms. The purpose. This study is an attempt by the author to systematize the powers and functions of the prosecutor’s office in the field of implementation of the constitutional rights and freedoms of man and citizen. Objectives. The stated goal involves solving a number of research problems, including studying the content of theory, legislation and law enforcement practice in the field of prosecutorial humanitarian supervision. Methodology. The methodological basis of the study includes general and special methods and techniques that have been developed and tested by modern legal science: analysis and synthesis, induction and deduction, dialectical approach. Results. The author proves that the balance and internal consistency of the system of state protection of human and civil rights and freedoms is guaranteed mainly due to the constitutional principles of non-departmental and intersectoral nature of prosecutorial supervision. Conclusion. The effectiveness of prosecutorial supervision over the observance of citizens' rights is facilitated by: the prosecutor's non-interference in the operational and economic activities of supervised persons, the inadmissibility of interference by the prosecutor's office in the competence of other government bodies and officials, the discretion of the prosecutor's office in choosing the means of prosecutorial response depending on the prevailing circumstances and the legal content of the applicant's case.

Proceedings of the Southwest State University Series History and LawVol. 15(2)
Moscow Witte University (RU)
Openalex Percentile: Top 88%
European Criminal Justice and Data Protection
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