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Vinokurov, A.Y. On some issues of prosecutor supervision due to the adoption of the Federal Law “On the Procedure for Serving Administrative Arrest”

Abstract: This article provides for some aspects regarding implementation of the supervisory function by the Prosecutors within the context of the recently adopted Federal Law “On the Procedure for Serving Administrative Arrest”. The author notes that at the early stage of implementation of this legal act there were no sufficient guarantees in the by-laws, while the Prosecution – General of the Russian Federation could have facilitated this process. The author also voices the proposals for the need to amend the said law with the provisions specifying the mechanism for the implementation of prosecutor supervision in this sphere. The article provides analysis of the current legislation and conflicts of laws, complicating the legal relations in this sphere. The scientific novelty of the article is due to the fact that at the time, when the article was being prepared, there were no published article regarding the specific features of prosecutor supervision over the implementation of the Federal Law “On the Procedure for Serving Administrative Arrest”. The conclusions and propositions of the author have scientific novelty.


Keywords:

Prosecutor, prosecutor competence, prosecutor bodies, prosecutor supervision, prosecutor control, implementation of the law, violation of the law, reaction acts, protest of the prosecutor, administrative arrest.


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This article written in Russian. You can find original text of the article here .
References
1. Ryabtsev V.P. Uchastie prokurora v pravotvorcheskoy deyatel'nosti. V kn.: Prokurorskiy nadzor: uchebnik dlya vuzov / pod red. A.Ya. Sukhareva. 4-e izdanie. M.: NORMA, INFRA-M, 2011.
2. Chuev V.N. Kommentariy k Federal'nomu zakonu ot 26 aprelya 2013 g. ¹ 67-FZ "O poryadke otbyvaniya administrativnogo aresta" (postateynyy) // podgotovlen dlya sistemy "Konsul'tantPlyus"