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committee on the control for _разведкой at president США81

Other important body in executive authority system carrying out the direct control over investigation activity, is the Committee on the control over investigation. The committee has been founded in 1976 on the basis of the executive order of president Ford № 11905 [839].

Appreciably, the establishment of new control body became the original answer of the executive authority to that criticism to which work of the American special services in the total report of Committee Chyorcha has been subjected. Created practically simultaneously with prospecting committees of the House of Representatives and the Senate, the Committee on the control over investigation solved as a whole problems similar to them. The committee informed the president and the general attorney about the revealed facts of abusings and legality infringements in activity of prospecting services of the USA, closely co-operated with general inspectors of prospecting departments.

Up to 1993 the Committee on the control over investigation was independent division within the limits of executive management of the president. However, after arrival to the White House of administration of president Clinton existence of two bodies with enough similar competence - Advisory committee on external investigation and Committee on the control over investigation has been recognised inexpedient. According to the executive order № 12863 from 1993 [840] Committee on the control over investigation has been included in Advisory committee structure on external investigation at the president as its constant subcommittee [841].

However, so essential fall of the status of committee has appeared the short-term phenomenon. In 1997 the new executive order

Clinton № 13070 [842] though was left by Committee on the control over investigation in Advisory committee structure on external investigation, however has deprived of the chairman of Advisory committee of powers to define

Personal structure of control committee, having returned to the president

The exclusive right to appoint all its four members [843]. Has returned the new executive order and practice of realisation of reports of committee existing till 1993, having obliged Committee on the control over investigation to direct all reports to directly president, passing Advisory committee on external investigation [844].

Now powers and the status of Committee on the control over investigation regulates the executive order of the president Bush № 13462 from 2008 [845]. The new executive order as a whole repeats executive order positions № 13070. It has left the independent Committee on the control over investigation as a part of Advisory committee on investigation there is no time, having confirmed thus its independent status and independent of Advisory committee on power investigation.

According to the executive order № 13462 in structure of Committee on the control over investigation enter no more than 5 members appointed the president from among members of Advisory committee on investigation. From these persons the president appoints the chairman of Committee which problems include taking chair at sessions of Committee and definition of the summons of these sessions. For realisation of the functions assigned to it the Committee on the control over investigation under the decision of the chairman of committee and from approval of the president has the right to engage employees and administrative personnel. The management of the similar personnel is carried out by the chief executive of Committee on the control over the investigation, appointed the president.

For today the right directly is not simply returned Committee to address to the president, but is charged to inform the head of the state on prospecting activity which according to committee contradicts federal acts, to executive orders and instructions of the president, data about which have not been properly reported to the president by the General attorney, the director of national investigation or heads of the corresponding ministries.

Besides it, in duties of Committee on the control over investigation enters:

- The analysis and estimation of efficiency and completeness of measures with which help the director of national investigation and the head of the federal ministries realise the powers concerning prospecting services and finishing to data of the president of the corresponding information;

- The notice of the general attorney of the United States on any activity of prospecting services which, according to committee, contradicts requirements of federal acts or executive orders and instructions of the president;

- The analysis of interdepartmental instructions of prospecting services about their conformity to requirements of the federal legislation;

- Research of practice of activity and the procedures used by general inspectors and a general council of prospecting community with a view of revealing and documenting of prospecting activity which can have illegal character or contradicts requirements of executive orders and instructions of the president;

- Carrying out of such investigations as which the Committee on the control over investigation will consider necessary for realisation of the functions assigned to it [846].

2.3.

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A source: Dundukov Michael Jurevich. INVESTIGATION In the MACHINERY OF GOVERNMENT of the USA (ISTORIKO-LEGAL ASPECT). The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow 2014. 2014

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