One of the main tasks of the prosecutor's office is to monitor compliance with the law. A protest is one of the forms of prosecutorial response. It is taken out by the prosecutor or deputy. This document must contain the exact name of the body where the protest is submitted, the name and articles of the violated law. Requirements should be clearly defined. It is also necessary to indicate the circumstances that gave rise to the protest. In some cases, the protest can be appealed.
Necessary
- - protest of the prosecutor:
- - the text of the law referred to therein;
- - the address of the superior prosecutor's office.
Instructions
Step 1
Consider the protest. Usually, there is no talk of an appeal against the prosecutor's protest. He may or may not be satisfied. In any case, the law provides for a ten-day period for taking appropriate measures. However, the prosecutor may set a shorter time for consideration. If a protest is submitted to a decision of a representative body, the deputies must consider it at the next meeting.
Step 2
Send your answer to the prosecutor. This must be done on the same day when the protest is considered. In exceptional cases, it is possible to send a response the next day. The delay can be justified solely by the lack of technical ability to respond on the day of consideration. If you decide not to grant the protest, the prosecutor can resolve the issue through a court.
Step 3
Only the official who sent it has the right to withdraw the protest. In this case, it is the prosecutor or his deputy. The reason for this step may be a change in legislation. The opinion of the prosecutor may also change, for example, if some new circumstances in the case are revealed. The document can be withdrawn only before its consideration.
Step 4
The reason for the appeal may be the inconsistency of the protest with the established form, the absence in it of references to the relevant legal norms, as well as the intervention of the prosecutor in cases that are not within his competence. For example, a city or district prosecutor can appeal against decisions of a district representative body or local self-government bodies of rural or urban settlements. He has no right to challenge the decision of the regional legislative assembly. This should be done by the regional prosecutor.
Step 5
You can appeal the protest through the court or administratively. Lodge a complaint with the judicial authority where the prosecutor is located. Prepare for your claim to be rejected. As practice shows, court decisions on such issues usually indicate that a protest is an act of the prosecutor's response, and not a non-normative act. Only a non-normative act can be challenged, and it can also be declared invalid.
Step 6
It may be much more effective to contact a higher prosecutor. Contact the next prosecutor in the order of reporting. Request to consider the complaint or application on the merits. Indicate the name of the document, the clause of the law to which the protest was brought. State your objection. They must be supported by references to the relevant legal regulations.
