Called to protect the freedoms and rights of citizens, the prosecutor's office performs not only control and supervisory functions. The full implementation of the provisions of the Constitution presupposes the identification of gaps in the law and its inherent contradictions by the prosecution authorities. Prosecutorial oversight bodies also have the opportunity to come up with initiatives in various representative bodies.
The rights of the prosecutor's office in the field of lawmaking
One of the most controversial in legal science is the question of the methods and forms of participation of the prosecutor's office in the legislative and legislative process. The law "On the Prosecutor's Office of the Russian Federation" gives the Prosecutor General and his deputies the right to attend meetings of both chambers of the Federal Assembly, committees and commissions established by them, legislative and executive bodies of all constituent entities of the Russian Federation, local self-government bodies.
However, the law does not say that prosecutors have the right to participate in the work of deputies. In the sense of theory, the participation of the prosecutor's office in the process of forming legislation can be carried out in the form of participation in the preliminary examination of legislative projects at the stages of their consideration in parliament. The prosecutor's office can also respond to laws that have become legally binding.
Prosecutor's Office and Legislative Initiative
One of the key stages of the legislative process in the state is the legislative initiative. The ability to exercise such a right determines the degree of influence of the subject of law on the general course of legislative policy.
In Russia, the head of state, members of the Federation Council, deputies of the State Duma, the government, and representative bodies of power of the constituent entities of the Russian Federation are endowed with the right of legislative initiative. The courts of the Russian Federation have the same right, but only on issues related to their jurisdiction.
The prosecution authorities, to the extent of their competence, are aware of the state of legal regulation and the implementation of laws. The prosecutor's office participates in lawmaking in the forms that are provided for by law. However, the bodies of prosecutor's supervision cannot go beyond these limits.
If the need arises, the prosecutor has the right to submit to the representative body and to the body that is endowed with the right of legislative initiative, proposals for the adoption of laws, their amendment, cancellation, addition. What is the difference between such a right and the right to legislative initiative? First of all, what will be the consequences of the prosecutor's appeal to a representative body.
When the Attorney General submits his proposals on legislation, this does not in any way entail the consequences that are envisaged for the applications of those persons and bodies who are vested with the right to legislative initiative. They are considered in the same order as all other requests, taking into account the importance of the proposals and their validity. The subject, having the right to initiate legislation, shall submit the appeal of the prosecutor's office to the representative body on its own behalf.
