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Chapter 8. Supervision of legality of administrative procedure

 

Article 40. The assurance (supporting) and a supervision subject
The Prosecutor’s office carries out supervision of legality of administrative procedure with a view of:
1) assurance (supporting) of exact and uniform application of the legislation on administrative offences, and also at disposal of legal proceeding and definition of disciplinary measures for a perfect administrative offence;
2) restoration of the broken rights and legitimate interests of the person and the citizen, officials and the organizations at application of the legislation on administrative offences;
3) assurance (supporting) to citizens of the right to the appeal of any act connected with procedure on affairs about administrative offences;
4) acceptances of measures to guilty of legality infringement at application of the legislation on administrative offences.

Article 41. Powers of the prosecutor on assurance (supporting) of legality of administrative procedure
Carrying out supervision of legality of administrative procedure, the public prosecutor has the right:
1) to obtain on demand from the authorized officials and data authorities, documents and affairs about administrative offences;
2) to consider complaints to actions and decisions of officials and authorities which competence includes disposal of legal proceeding about administrative offences and collecting imposing;
3) to check legality of administrative detention and arrest of citizens, and also validity of other measures of influence for administrative offences;
4) to take part in legal investigation about administrative offence, to declare petitions, to draw the conclusions on the questions arising during a legal investigation;5) to check execution of decisions about imposing of official penalties;
6) to take measures on bringing to account of the officials who have admitted infringements of the rights and freedom of citizens, legitimate interests of legal authorities and the states;
7) to raise procedures on affairs about administrative offences;
8) to make other actions provided by the law.

There is footnote. Article 41 with the changes brought by Law RÊ from 09.08.2002 N 346.

Article 42. Acts of the prosecutor on assurance (supporting) of legality of administrative procedure
By results of checks the public prosecutor has the right:
1) to bring in court, to other authorized body or the official the protest on the decision on case about an administrative offence;
2) to give written instructions to the authorized officials and authorities (except court) about procedure of additional check;
3) to demand from the authorized authorities of carrying out of check in the organizations under control or subordinated to them;
4) in the cases established by the law to stop procedure about an administrative offence;
5) to stop decision execution about an administrative offence;
6) to take out the decision about clearing of the person illegally subjected to administrative detention;
7) to take out the decision or the requirement about removal of any measures of the prohibitive or restrictive character imposed by officials of proxy state authorities in connection with execution of the duties, in cases of infringement of the rights and legitimate interests physical, legal authorities and the states;
8) to take out the decision about procedure excitation on case about an administrative offence.
There is footnote. Article 42 with the changes brought by Law RÊ from 09.08.2002 N 346.




Date: 2016-04-22; view: 780


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