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influence of material, financial and personnel maintenance of bodies and establishments of Office of Public Prosecutor on legality maintenance

In the conditions of a transition period of the Russian state in 1990th the legality condition, as is known, left much to be desired. An important role in it the organizational moments influencing efficiency of Office of Public Prosecutor have played.

As those it is possible to define material, financial and personnel maintenance of bodies and establishments of Office of Public Prosecutor,
As productivity of their activity depends on these components in legality maintenance.

It is necessary to tell that guarantees of financing and materialnoyotehnicheskogo maintenance of Office of Public Prosecutor has been fixed by the Law «About Office of Public Prosecutor of the Russian Federation». So, initial edition of the given law established granting of financing and materialnoyotehnicheskogo maintenance at the expense of the republican budget. Obligations on local government on granting to organs of the Prosecutor's Office of premises on the rent right were simultaneously imposed.

Acceptance of the Federal act from November, 17th, 1995 № 168-FZ has a little changed the positions, concerning financings and material support of bodies and establishments of Office of Public Prosecutor. According to the entered legislative short stories bodies and establishments of Office of Public Prosecutor came under to financing and material equipment at the expense of the federal budget. It was defined, that the distributor of the federal budget between bodies and establishments of Office of Public Prosecutor is the State Office of Public Prosecutor of the Russian Federation. Also in the law the instructions that financing of building and major repairs of the buildings which are in conducting of Office of Public Prosecutor, could be carried out at the expense of means of local budgets contained.

Position fastening about financing of the separate moments at the expense of means of local budgets was not in the best way reflected in public prosecutor's activity on legality maintenance. The given conclusion is based that rendering of the financial help to bodies and establishments of Office of Public Prosecutor at the expense of means of the local budget put it in a certain dependence in the financial plan from local governments and limited freedom of supervising activity concerning officials. Moreover, insufficient financing and material equipment of bodies and establishments of Office of Public Prosecutor in 1990th created vicious practice among workers
Offices of Public Prosecutor on attraction of financial assets from the enterprise environment. According to V.V. Strelnikov with whom it is possible to agree quite, the given circumstances could not be reflected positively in activity of Office of Public Prosecutor on maintenance of legality [235].

For the purpose of correction of the given position and eradication of financing of material equipment of Office of Public Prosecutor at the expense of means of not state organisations the State Office of Public Prosecutor of the Russian Federation had been published the corresponding order [236]. At the given order inadmissibility of autocratic attraction of financial resources for needs of organs of the Prosecutor's Office on places was underlined and the requirement of attraction of financing only on the basis provided by the legislation was stated. Besides, attraction of financial and material means by bodies and establishments of Office of Public Prosecutor has been put under special attention of an administrative office of the State Office of Public Prosecutor of the Russian Federation.

Further for the purpose of improvement financial and materialnoyotehnicheskogo maintenance of bodies and establishments of Office of Public Prosecutor in FZ «About Office of Public Prosecutor of the Russian Federation» have been made changes by the Federal act from February, 10th, 1999 № 31-FZ, the fixed additional guarantees of financing of Office of Public Prosecutor. So, item 4 according to which financing of bodies and establishments of Office of Public Prosecutor could be carried out from means of off-budget Fund of development of Office of Public Prosecutor of the Russian Federation have been included in item 52 FZ «About Office of Public Prosecutor of the Russian Federation». According to position about Fund of development of Office of Public Prosecutor of the Russian Federation, its means could be directed on
Strengthening of material base of organs of the Prosecutor's Office, financial and social security of workers of Office of Public Prosecutor [237].

However the measures taken by the legislator directed on improvement of a financial and material condition of Office of Public Prosecutor, have not solved up to the end a problem of dependence of bodies and establishments of Office of Public Prosecutor from local governments which continued to give them financial support from means of local budgets. The given problem has been definitively solved only by acceptance of the Federal act from August, 22nd, 2004 № 122-FZ as has excluded the positions allowing

To finance the separate organizational moments of Office of Public Prosecutor at the expense of means of the local budget.

As a whole it is possible to say that material support of bodies and establishments of Office of Public Prosecutor in 1990th had a number of problems, from which absence of necessary resources at the State Office of Public Prosecutor for timely maintenance materialnoyotehnicheskimi means of all system of bodies and establishments of Office of Public Prosecutor [238] was main. In turn, insufficient material support of Office of Public Prosecutor should adversely affect its activity and productivity of problems carried out by it, on what was repeatedly specified by public prosecutor's workers. So, for example, in magazine "Legality" the opinion of one of them, consisting in ascertaining of full absence of the centralised maintenance of Offices of Public Prosecutor materialnoyotehnicheskimi by means because of insufficient financing and, as consequence, also absence of the concept on introduction the material has been expressed
Means in subordinate Offices of Public Prosecutor that was negatively reflected in quality of functions carried out by public prosecutor's workers [239].

It is necessary to tell that a little the organizational moments of military Office of Public Prosecutor differently dare. Financing and maintenance questions material resources are settled by the joint order of the State Office of Public Prosecutor of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation from August, 06th, 1998 According to the given order financial and materialnoyotehnicheskoe maintenance of military public prosecutors is carried out on norms to corresponding services of the Main command of internal armies of the Ministry of Internal Affairs of Russia through district managements [240].

Considering questions of financing of bodies and establishments of Office of Public Prosecutor, it is necessary to pay attention on material and social security of workers of Office of Public Prosecutor. Financing of such payments is regulated by the Law «About Office of Public Prosecutor of the Russian Federation», orders of the State Office of Public Prosecutor of the Russian Federation and the governmental orders of the Russian Federation. For example, questions of the monetary maintenance of public prosecutor's workers are particularised enough in the Law on Office of Public Prosecutor of the Russian Federation. The compensatory payments to the public prosecutor's workers connected with performance of assigned duties, are in detail enough regulated by the Order of the State Office of Public Prosecutor of the Russian Federation № 16 from March, 18th, 1998 and the Governmental order of the Russian Federation № 729 from October, 02nd, 2002 [241]. So, in the given certificates the travelling and living expenses of public prosecutor's workers connected with their journey and residing, in particular, are established.

In aspect of research of financing of bodies and establishments of Office of Public Prosecutor the question of maintenance of workers of Office of Public Prosecutor habitation is important. By the law on Office of Public Prosecutor of the Russian Federation are established only otsylochnye the norms, called to regulate maintenance with habitation of workers of Offices of Public Prosecutor that cannot satisfy their requirement to the full. The governmental order of the Russian Federation from March, 21st 2008 № 192 «About an order of maintenance of judges, public prosecutors and employees of Investigatory committee of the Russian Federation, the living conditions requiring improvement, separate premises» [242], contains only the general moments of financing. To it it is necessary to add, that by the legislation it is not provided the real mechanism, allowing to give to workers of Office of Public Prosecutor premises. The given circumstances are not in the best way reflected in financial condition of public prosecutor's workers, that negatively influences position of Office of Public Prosecutor as a whole as guarantor of legality.

Proceeding from the above-stated, it is possible to say that questions of financing and material support of bodies and establishments of Office of Public Prosecutor do not represent the adjusted mechanism, capable to meet real requirements of public prosecutor's workers. This question demands the concrete permission at legislative level.

Personnel maintenance of bodies and establishments of Office of Public Prosecutor is important, that with a new sharpness was showed in an astable transition period of the Russian state. In this connection first of all it is necessary to pay attention to factors which influenced personnel maintenance
Offices of Public Prosecutor in a specified period of state-legal development. As key factors it is possible to allocate, first, complexity of work which demanded from public prosecutor's workers not only high professionalism, but also stressoustojchivosti, secondly, occurrence of new kinds of crimes and other offences which demanded special knowledge in various areas of the right.

It is necessary to notice, that in a transition period of the Russian state the public prosecutor's workers who had long, but experience not quite answering to new realities of public prosecutor's activity, had no possibility to receive necessary knowledge as there was no adjusted mechanism of increase of their qualification. At the same time the young experts who had certain knowledge of the new legislation, had no experience in its correct application. Thirdly, in 1990th itself pravotvorcheskaja activity still left much to be desired, therefore discrepancy and an abundance of acts on the same questions were observed. Fourthly, konvergentnost societies and the low legal culture bordering on legal nihilism, generated an uncooperative altitude of officials and citizens to laws in force, law-enforcement and other state bodies. Most brightly it was shown in refusal of an appearance in organs of the Prosecutor's Office, in a summer residence of false testimonies, in rendering of pressure upon public prosecutor's workers and in many other things. In - the fifth, insufficient material and social security did not promote attraction in organs of the Prosecutor's Office of the qualified experts [243].

Besides, it is necessary to tell, that consideration of a question of personnel maintenance of bodies and establishments of Office of Public Prosecutor demands, as it is represented,
Disclosings of its legal maintenance as by means of certificates of legal character orderliness of its personnel selection is reached. In turn the rules of law regulating personnel selection of Office of Public Prosecutor, are subdivided in the directions, called to systematise it. As those it is possible to allocate, for example, such regulatory legal acts which establish problems and an order of the organisation of work with shots, resolve questions of their selection and the preparations defining an order of improvement of professional skill and certification of public prosecutor's workers [244].

Proceeding from it, according to the author, it is necessary to stop on the basic normative acts, called to regulate personnel maintenance of Office of Public Prosecutor. Among those the central place occupies the Federal act «About Office of Public Prosecutor of the Russian Federation». It is necessary to tell that initial edition of the specified law concerning personnel structure of Office of Public Prosecutor was limited to requirements about higher education presence, about professional and moral qualities, about a state of health, allowing to carry out assigned duties. Thereby, according to V.P.Ryabtsev, outside the limits of a legal field the wide range of the organizational questions, called to regulate personnel relations has been left. As a result the insufficient readiness of these and other questions mentioning personnel selection in Office of Public Prosecutor, directly influencing its personnel maintenance, has demanded their prompt permission in the light of the problems assigned to Office of Public Prosecutor on consolidation of legality [245].

The given questions in many respects have found the reflexion in the respective alterations introduced in the Law «About Office of Public Prosecutor of the Russian Federation», as a result of acceptance of the Federal act from November, 17th, 1995 № 168-FZ. One of the significant moments of the given changes were the instructions that regulation of labour relations in Office of Public Prosecutor should be carried out according to the legislation of the Russian Federation on work and Position on service in bodies and establishments of Office of Public Prosecutor [246].

Norms of Position about service in bodies and establishments of Office of Public Prosecutor fixed the given kind of service as federal public service. The given position also eliminated blanks in the legislation regarding labour relations. The special attention in considered position has been given personnel maintenance of Office of Public Prosecutor. So, item 19 of Position with a view of personnel maintenance of Office of Public Prosecutor specified in necessity of preparation and improvement of professional skill of shots. And necessity of improvement of professional skill by employees of Office of Public Prosecutor it was fixed as their duty. With a view of definition of conformity of a post concerning workers of Office of Public Prosecutor passage of obligatory certification was established by them.

It is necessary to notice, that the standard regulation of necessity of improvement of professional skill by employees of bodies and establishments of Office of Public Prosecutor is the important point in business of personnel maintenance. In this connection interesting consideration of organizational forms in system of improvement of professional skill of shots of Office of Public Prosecutor is represented. As those it is possible to allocate following organizational forms: training with a separation from work at specialised institutes, scientifically-practical conferences, uchebnoyometodicheskie seminars, probation, an exchange of positive experience, independent study. Thus researchers in the field of the personnel
Politicians of bodies and establishments of Offices of Public Prosecutor it is noticed, that efficiency of practical application of the specified organizational forms can be shown only in case of their system application [247].

However, despite standard fastening of a duty of employees of Offices of Public Prosecutor on improvement of professional skill, reports on a condition of personnel work of bodies and establishments of Office of Public Prosecutor for 1998 testify that the management of Offices of Public Prosecutor quite often refused to the workers in improvement of professional skill [248]. Frequently on improvement of professional skill shots which had no sufficient experience of public prosecutor's activity [249] went. At a sight of the author, refusals of a management of Offices of Public Prosecutor are dictated by the objective causes expressed in shortage of qualified personnel for performance of problems assigned to Office of Public Prosecutor, absence of necessary resources.

Besides, it is necessary to notice, that with a view of personnel maintenance of bodies and establishments of Office of Public Prosecutor the order of the State Office of Public Prosecutor of the Russian Federation from April, 06th, 2007 № 44-sh had been created Academy of the State Office of Public Prosecutor of the Russian Federation which plays a huge role in maintenance business by the qualified experts of bodies and establishments of Office of Public Prosecutor [250].

In considered aspect of personnel maintenance certification of public prosecutor's workers has important value. V.P.Ryabtsev results definition to the given term, as «set of administrative procedures,
Carried out according to the law and Position on certification of public prosecutor's workers, on an establishment of their qualifying estimation on the basis of studying of professional and moral-psychological qualities with a view of definition of office conformity, prospects of official moving and acceptance on this basis of administrative personnel decisions »[251]. In this connection it is possible to say that process of certification of public prosecutor's workers is key in sense of personnel maintenance of bodies and establishments of Offices of Public Prosecutor.

Besides, complexity of personnel maintenance of Office of Public Prosecutor consists that in the majority of the higher educational institutions simply there is no procurator's supervision specialisation. The higher professional institutions, which primary goal consists in research of activity of Office of Public Prosecutor on legality maintenance, basically are concentrated only in Moscow and St.-Petersburg [252].

It is necessary to tell that further norms of Position about service in bodies and establishments of Office of Public Prosecutor have been substantially transferred to the Federal act «About Office of Public Prosecutor of the Russian Federation». Thus, in the specified law bases of personnel selection, the requirement to which there should correspond workers of Office of Public Prosecutor, the restrictions connected with service in Office of Public Prosecutor, test at employment, certification of public prosecutor's workers were in detail enough regulated.

So, in this law it was specified, that the service in Office of Public Prosecutor is considered federal public service. Labour relations, except the law on Office of Public Prosecutor, came under to regulation by the legislation on work and about public service. Service by military public prosecutors was
Also it is settled by Federal acts «About a conscription and military service» and «About the status of military men» [253].

Besides, item 40.1 FZ «About Office of Public Prosecutor of the Russian Federation», along with requirements about presence at the persons applying for service in Office of Public Prosecutor, the higher legal to formations and possession necessary professional and moral qualities, the validity on a state of health, provided also certain restrictions. As restrictions presence of citizenship of the foreign state, incapacity or special disability of the persons applying for service in Office of Public Prosecutor, presence of a previous conviction and family ties with workers of Office of Public Prosecutor if their joint service could be connected with direct subordination to one another was provided. As restriction refusal of the applicant of passage of procedure of registration of access to the data constituting the state secret acted also. Besides, on public prosecutor's workers all restrictions, interdictions and the duties established by the Federal legislation «About corruption counteraction» and «About the state civil service of the Russian Federation» extended.

With a view of maintenance of organs of the Prosecutor's Office with the qualified personnel structure the law provided test passage at reception for public prosecutor's work. As it is represented, the given position substantially was reflected in efficiency of quality of personnel maintenance of Office of Public Prosecutor as the persons who were not possessing due knowledge and skills, could be eliminated during a trial period.

At the same time the taken measures did not liquidate completely shortage of the qualified personnel structure of Office of Public Prosecutor that has served as the acceptance reason at level of the Federal legislation of changes in
The considered law. So, the Federal act from July, 21st 2014 № 233-FZ «About modification of the Federal act« About Office of Public Prosecutor of the Russian Federation »[254] in it had been fixed special article 43.5" a Professional training for system of Office of Public Prosecutor ». In given article positions about a professional training for Office of Public Prosecutor and about guarantees of the persons trained in specialised educational institutions contain.

The analysis of substantive provisions about personnel maintenance of the Office of Public Prosecutor, reflected in the Federal act «About Office of Public Prosecutor of the Russian Federation», allows to draw a conclusion that personnel selection forming in Office of Public Prosecutor is carried out constantly taking into account concrete requirements of time. However, as it is represented, for increase of efficiency of personnel selection the legislator should not only react adequately to calls arising in given sphere, but also to define them, to look ahead. Especially it concerns departmental standard base. The departmental standard base urged to regulate in addition questions of personnel selection and to concretise them. About second half 1990th some normative acts have been published. As those it is possible to note, for example, orders of the State Office of Public Prosecutor of the Russian Federation from November, 11th 1996 № 66 «About the basic directions of work with shots in organs of the Prosecutor's Office of the Russian Federation», from January, 29th 1999 № 8 «About a realisation order organizatsionnoyoshtatnyh powers in system of Office of Public Prosecutor of the Russian Federation», from September, 09th 2002 № 54 «About distribution of powers of public prosecutors

Territorial, military to them military and other specialised Offices of Public Prosecutor »[255].

In the order from November, 11th, 1996 it is noticed, that one of the key moments in business of maintenance of legality is competent work with
Personnel structure. It was specified, that the insufficient attention to personnel structure quite often leads to that in numbers of public prosecutor's workers the persons who are not possessing due qualification and due moral qualities are involved. It, in turn, led to that in some cases public prosecutor's workers committed crimes. The attention of heads of Offices of Public Prosecutor addressed on necessity of education of professionally prepared, initiative workers for what it was offered to use system of improvement of professional skill widely.

It is necessary to notice, that professional work of workers of Office of Public Prosecutor is rather difficult and many-sided, therefore the public prosecutor's worker should combine the personal and professional qualities allowing properly to carry out a duty assigned to it. It would Seem, personnel divisions of Offices of Public Prosecutor of subjects of federation should be interested in attraction on service of the graduates who have finished study with distinction. However, as practice testifies, it occurs not always. The reason consists that public prosecutor's activity on legality maintenance frequently causes painful interest of businessmen and officials which aspire to lobby in employment on various posts in Office of Public Prosecutor interests of certain «» persons. Therefore in practice it turns out so what to be arranged in Office of Public Prosecutor to the simple graduate, let and to the honours pupil, but not having «corresponding communications», very difficultly. The workers as a result arranged on "communications" use the imperious powers given to it or in interests of the patrons, or in personal interests [256].

Thus, despite the priorities defined by the State Office of Public Prosecutor concerning personnel selection, frequently regulated positions do not find due fastening in practice. Accordingly, the given circumstance cannot positively be reflected in business of personnel maintenance of bodies and establishments of Office of Public Prosecutor and in legality and law and order maintenance.

As a whole, research of questions of material, financial and personnel maintenance of bodies and establishments of Office of Public Prosecutor in a transition period of the Russian state allows to draw a conclusion on importance of the specified components in business of maintenance of legality. In the light of construction of a lawful state and a role of Office of Public Prosecutor in this business the given components should be accurately adjusted, as the attention lack to the given aspects is directly reflected in public prosecutor's activity on legality maintenance.

At a sight of the author, existing problems of financing, material equipment, personnel maintenance of bodies and establishments of Office of Public Prosecutor it is necessary to resolve, first of all, at legal regulation level. In this connection it is obviously necessary to systematise the operating regulatory legal acts, called to regulate the given questions, to update them taking into account lawful state development. In turn, legal regulation of the specified problems will allow to provide an establishment of an appropriate order in organizational activity of Office of Public Prosecutor and consequently, corresponding functioning of all its system and, as consequence, will in the best way be reflected in activity of Office of Public Prosecutor on consolidation of legality.

3.3.

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A source: VAGAPOV Ramil Fuatevich. LEGALITY MAINTENANCE In the RUSSIAN FEDERATION In the conditions of REFORMING of OFFICE of Public Prosecutor In 1990 - the BEGINNING of 2000th (ISTORIKO-LEGAL RESEARCH). The DISSERTATION on competition of a scientific degree of the master of laws. Kazan - 2015. 2015

More on topic influence of material, financial and personnel maintenance of bodies and establishments of Office of Public Prosecutor on legality maintenance:

  1. Chapter 3. RESEARCH of STRUCTURE, the LEGAL STATUS, MATERIAL, FINANCIAL And PERSONNEL MAINTENANCE of OFFICE of Public Prosecutor In the MACHINERY OF GOVERNMENT of MAINTENANCE of LEGALITY In the TRANSITION PERIOD
  2. evolution of the legislation on organisation-legal and functional activity of Office of Public Prosecutor in the light of legality maintenance
  3. creation of bases of legal regulation of maintenance of legality in the conditions of reforming of Office of Public Prosecutor
  4. a role of foreign experience of maintenance of legality and formation of Office of Public Prosecutor taking into account international legal certificates of 1990-2000th
  5. Chapter 1. The GENERAL CHARACTERISTIC of SYSTEM of PUBLIC RELATIONS In SPHERE of LEGALITY And the ROLE of OFFICE of Public Prosecutor In ITS MAINTENANCE In the USSR And POST-SOVIET Russia
  6. influence of positions of the Judiciary reform of 1991 and the Constitution of the Russian Federation of 1993 on formation of a machinery of government of maintenance of legality and a place in it of organs of the Prosecutor's Office
  7. Chapter 2. REFORMING of the MACHINERY OF GOVERNMENT of MAINTENANCE of LEGALITY. The PLACE And the ROLE In IT of OFFICE of Public Prosecutor In the conditions of NEW CONSTITUTIONAL BASES of the STATE And ACTION OF SOME INTERNATIONAL LEGAL CERTIFICATES
  8. system of organs of the Prosecutor's Office in a machinery of government of maintenance of legality in the Russian Federation in a transition period of 1990-2000th
  9. author's model of istoriko-legal offers about Perfection of a machinery of government of maintenance of legality within the limits of system of organs of the Prosecutor's Office
  10. VAGAPOV Ramil Fuatevich. LEGALITY MAINTENANCE In the RUSSIAN FEDERATION In the conditions of REFORMING of OFFICE of Public Prosecutor In 1990 - the BEGINNING of 2000th (ISTORIKO-LEGAL RESEARCH). The DISSERTATION on competition of a scientific degree of the master of laws. Kazan - 2015, 2015
  11. § 1. Problems of maintenance of legality, the law and order and office discipline among staff of law-enforcement bodies
  12. of Power of federal public authorities on maintenance of legality in activity of municipal bodies
  13. powers of public authorities of subjects of the Russian Federation on legality maintenance in activity of bodies and officials of local government
  14. § 2. Development of Office of Public Prosecutor as public authority in the Russian Federation.
  15. 2.4. The departmental control over maintenance of legality and office discipline in police activity
  16. 4. The maintenance of legal maintenance of activity of establishments and bodies UIS