THE PROSECUTOR GENERAL S OFFICE OF THE RUSSIAN FEDERATION MAIN AREAS OF ACTIVITIES AT THE PRESENT STAGE

Transcription

1 THE PROSECUTOR GENERAL S OFFICE OF THE RUSSIAN FEDERATION MAIN AREAS OF ACTIVITIES AT THE PRESENT STAGE

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3 The Constitution of the Russian Federation (1993) (excerpt) Chapter 7. The Judiciary Article The Prosecution Service of the Russian Federation shall be a single centralized structure in which prosecutors are subordinate to superior prosecutors and the Prosecutor General of the Russian Federation. 2. The Prosecutor General of the Russian Federation shall be appointed and dismissed by the Council of Federation on the proposal of the President of the Russian Federation. 3. The prosecutors of the constituent entities of the Russian Federation shall be appointed by the Prosecutor General of the Russian Federation upon agreement with these subjects. 4. Other prosecutors shall be appointed by the Prosecutor General of the Russian Federation. 5. The powers, organization and procedures of the functioning of the Prosecution Service of the Russian Federation shall be determined by a federal law. The Council of Federation is the upper chamber of the Federal Assembly of the Russian Federation (the Parliament). Constitution of the Russian Federation 03

4 CHIEF OFFICIALS OF THE PROSECUTOR GENERAL S Mr CHAIKA Yury Yakovlevich Prosecutor General of the Russian Federation Mr. BUKSMAN Alexander Emanuilovich First Deputy Prosecutor General of the Russian Federation Mr FRIDINSKY Sergey Nikolayevich Deputy Prosecutor General of the Russian Federation Chief Military Prosecutor Mr GRIN Victor Yakovlevich Deputy Prosecutor General Mr GULYAGIN Yury Alexandrovich Deputy Prosecutor General Mr GUTSAN Alexander Vladimirovich Deputy Prosecutor General Mr ZVYAGINTSEV Alexander Grigorievich Deputy Prosecutor General Mr ZAYTSEV Sergey Petrovich Deputy Prosecutor General 04 Chief Officials of The Prosecutor General s Office of The Russian Federation

5 OFFICE OF THE RUSSIAN FEDERATION Mr KEHLEROV Sabir Gadzhimetovich Deputy Prosecutor General Mr LOPATIN Gennady Borisovich Deputy Prosecutor General Mr MALINOVSKY Vladimir Vladimirovich Deputy Prosecutor General Mr PONOMAREV Yury Alexandrovich Deputy Prosecutor General Mr SEMCHISHIN Ivan Grigoryevich Deputy Prosecutor General Mr SYDORUK Ivan Ivanovich Deputy Prosecutor General Mr VINNICHENKO Nikolay Alexandrovich Deputy Prosecutor General Mr VOROBYEV Sergey Dmitriyevich Deputy Prosecutor General Chief Officials of The Prosecutor General s Office of The Russian Federation 05

6 HISTORICAL BACKGROUND Great introduced the Prosecutor General to the Senate, he said: Here is an eye of mine, wherewith shall I see everything. The same idea was also expressed in the Imperial Decree On the Post of Prosecutor General dated the 27th of April, And therefore is this official like an eye of Ours and an attorney in the affairs of the State. The Decree also established the main responsibilities and powers of the Prosecutor General concerning supervision over the Senate and management of the subordinate prosecution bodies. From 1802, the Prosecution Service became a constituent part of the newly established Ministry of Justice, while the Minister of Justice took also the post of Prosecutor General. During the judicial reform of 1864 a spe- Decree of His Majesty Emperor and Autocrator of all the Russias is hereby announced to the public P.I. Yaguzhinskiy, the first Prosecutor General of the Senate The Prosecution Service of Russia was established on the 12th of January. 1722, pursuant to the Decree of the Russian Emperior Peter the Great (Peter I), addressed to the Ruling Senate: There should be a Prosecutor General and a Chief Prosecutor at the Senate, as well as a prosecutor in each Collegium (ministry), who shall report to the Prosecutor General. When the Prosecution Service was created, the task assigned to it by Peter the Great was to eliminate or diminish the evil resulting from disorder in affairs, injustice, bribery, and unlawfullness. It was Count Pavel YAGUZHINSKIY who was appointed as the first Prosecutor General of the Senate. When Peter the His Serene Highness Peter the Great, Sovereign Emperor and Autocrator of all the Russias, decreed to all subordinates, at the Senate and the Synod, as well as at all the collegia, offices, and all places of all the State where affairs are conducted, to be in obedience to their superiors in all which is not contrary to this Decree. And if something does contravene it, that should not at all be done, being subject to punishment imposed as on a transgressor of the Decree, but the relevant person is to inform his superior confidentially that this is contrary to the Decree, and if the superior does not hold by, then he should protest against it and report to the chief senior to that who gives him orders, and if he observes that the senior officer also does act contrary to the Decree, then he should report to the Prosecutor General or, in the absence of the latter, to the Chief Prosecutor, and in case they also do not comply with the Decree, then it be reported to His Majesty, but it should be complete verity. And if untruth is found, he will himself be punished, as if he did it. Peter. Printed at the Senate, on the 24th of January of the year Historical Background

7 cial document The General Principles of Judicial Reforms was adopted. It determined that, as regards the judicial system, it is needed that there be special prosecutors at the courts, who, due to the multitude and difficulty of the responsibilities charged to them, should have assistants, as well as stated that the prosecutorial jurisdiction is separated from that of the courts. *** After the Socialist Revolution, in November 1917, the highest governmental authority in Russia, the Council of People s Commissioners, adopted the Decree No. 1 on the Court, pursuant to which the courts, institutions of court investigators and prosecutorial supervision, as well as sworn and private advocacy, being existed before the Socialist revolution, were abolished. Their functions were taken on by the newly created people s courts and revolutionary tribunals. Special investigative commissions were created for conducting preliminary criminal investigations. In May 1922, the Regulations on Prosecutorial Supervision were adopted by the All-Russian Central Executive Committee, pursuant to which the State Prosecution Service was created within the People s Commissariat of Justice. The Prosecution Service was charged with the following functions: - on behalf of the State to exercise supervision over the lawfulness of actions of all public authorities, economic institutions, social and private organizations, as well as private persons, by way of initiating criminal prosecution against those considered guilty and filing protests against any decisions violating the law; - to guide observation over the activities of investigative bodies in the sphere of clearance of offences as well as the activities of the bodies of the State Political Directorate; - to support charges in courts; - to observe over the respect for the rules of keeping prisoners in custody. In November 1923, the Prosecution Office of the Supreme Court of the Union of Soviet Socialist Republics (USSR) was created. It was granted broad powers, including the right to introduce bills of law, the right of an advisory vote at the meetings of the supreme State authorities of the country, as well as the right to suspend decisions and judgments of any bench of the Supreme Court of the USSR. *** In June 1933, pursuant to a resolution adopted by the Central Executive Committee and the Council of People s Commissioners, a decision was taken on the creation of the Prosecution Service of the USSR which was charged with the following additional functions, among others: - supervision over the compliance of the any decisions and normative acts of institutions of the Union, its constituent Republics, and local authorities, with the Constitution and the resolutions of the Government of the Union of Soviet Socialist Republics; - observation over proper and uniform enforcement of law by judicial institutions of the Republics of the Union, with the right to evoke any case, at any stage of proceedings, to appeal against judgments and other court decisions to higher judicial instances and to suspend their execution; - initiation of criminal prosecution and supporting charges in all court instances in the territory of the USSR; - supervision, on the basis of a special regulations, over the lawfulness of the activities of the United State Political Directorate, the militia (police), detective units, and penitentiary institutions; - general management of the activities of the prosecution bodies of the Republics of the Union. The Regulation on the Prosecution Service of the Union of Soviet Socialist Republics, adopted in December 1933 defined the legal status of the Prosecution Service of the USSR as an independent State authority. The Prosecution Office at the Supreme Court of the USSR was abolished. The Prosecutor of the Union of Soviet Socialist Republics was appointed by the Central Executive Committee of the USSR and was accountable to it as well as to its Presidium (the collective head of State). Besides, the Prosecutor of the USSR was also accountable to the Council of People s Commissioners of the USSR (the federal government). That ensured the independence of the Prosecutor of the USSR from other State authorities and officials. Historical Background 07

8 Prosecutor General s Office of the Russian Federation I.A. Akulov, the first Prosecutor of the Union of Soviet Socialist Republics *** The first person appointed to the post of the Prosecutor of the USSR was Ivan AKULOV. The Regulations on the Prosecution Service of the Union of Soviet Socialist Republics (1933) defined the 08 Historical Background spheres of prosecutorial supervision which became traditional: general supervision, supervision over proper and uniform enforcement of laws by judicial authorities; supervision over enforcement of laws by bodies of inquiry and preliminary investigation;

9 supervision over the lawfulness and propriety of activities of the United State Political Directorate, police, and penitentiary institutions. The Regulation defined the system and structure of the Prosecution Service. The Military Prosecution Office and the Transport Prosecution Office were organizational subdivisions of the Prosecution Service. A detailed description was given for the functions of the Central Office of the Prosecution Service of the USSR. The implementation of the Regulations on the Prosecution Service of the Union of Soviet Socialist Republics contributed considerably to the strengthening of unity and strict centralization of the bodies of prosecutorial supervision. The Constitution of the USSR which was adopted in December 1936 introduced, for the first time in the history of the constitutional, the notion of supreme supervision over the precise enforcement of laws. Moreover, this prerogative was included only in the powers of the Prosecutor of the USSR. Thus, in 1936 the final separation of prosecution bodies from the judiciary into an independent, unified, and centralized system took place. In the years of the Great Patriotic War ( ), the activities of the prosecution bodies were subordinate to the overwhelming goal the victory of the Soviet people over the German fascism. Pursuant to the Decree of the USSR Presidium of the Supreme Soviet On Martial Law dated the 22nd of June, 1941, the functioning of prosecution bodies, both military and territorial, was reorganized to comply with the requirements of war time. With the purpose of strengthening labour and executive discipline, a class rank system providing for uniform clothes was introduced for prosecution and investigation officers by a Decree of the Presidium of the USSR Supreme Soviet in September At the same time, a comparative scale of class ranks for prosecution and investigation officers was introduced, these ranks being equivalent to the military ranks. It was during war, on 2 November 1942 when by the Decree of the Presidium of Supreme Soviet of Main Prosecutor on the Nuremberg trials from the USSR side Roman Rudenko gives the speech in the Palace of Justice, 20 November 1945, Germany the Soviet Union was established the Extraordinary State Commission for ascertaining and investigating crimes perpetrated by the German Fascist invaders and their accomplices, and the damage inflicted by them on citizens, collective farms, social organizations, State enterprises and institutions of the USSR. Prosecutors and investigators together with the Extraordinary State Commission conducted huge work on investigation of crimes of the German Fascist invaders. The collected materials were used for exposure of the main war criminals on the Nuremberg trials. Highly qualified prosecutors and investigators actively participated in the court trial in respect of the main war criminals which took place in Nuremberg from 20 November 1945 to 1 October The main prosecutor from the USSR side was R.A. Rudenko, who at that moment held the position of the Prosecutor of Ukraine and then from 1953 till 1981 position of the Prosecutor General of the USSR. Taking into account the fundamental state and political importance of the prosecutorial activities and with a view to enhancing the prestige, authority, and influence of prosecution bodies on lawenforcement in the country, the Supreme Soviet of the USSR adopted the Law of the USSR On Historical Background 09

10 Conferring the Title of the Prosecutor General of the USSR on the Prosecutor of the USSR (May 1946). The first person to become the Prosecutor General of the USSR was Konstantin GORSHENIN. In May 1955, such an important legal instrument as the Regulations on Prosecutorial Supervision in the USSR was adopted by the Presidium of the Supreme Soviet of the USSR. Article 1 of the Regulations charges the Prosecutor General of the USSR with carrying out supreme supervision over the precise enforcement of laws by all ministries and institutions subordinate to them, as well as over the compliance with laws by citizens of the USSR. * * * After the new Constitution of the USSR was adopted in 1977, the Prosecution Service of the USSR began elaborating a special law on the Prosecution Service of the USSR. That law was aimed to substitute the 1955 Regulations on Prosecutorial Supervision in the USSR. The following general directions of activities of the Prosecution Service were indicated in the USSR Law on the Prosecution Service of the USSR which was adopted in November 1979: the supreme supervision over the precise and uniform enforcement of laws; combating any violations of laws on the protection of the socialist property; fighting against crimes and other violations of the law; investigation of crimes; bringing persons who committed crimes to criminal liability; ensuring the inevitability of bringing to justice anyone liable for committing a crime; elaboration of measures to prevent crimes and other violations of laws, jointly with other state authorities; coordination of the activities of law enforcement agencies in the field of fighting against crimes and other violations of laws, as well as participation in the improvement of the legislation and the propaganda of Soviet laws. The 1979 Law also established the right of legislative initiative for the Prosecutor General of the USSR and his amenability and accountability to the Supreme Soviet of the USSR (the parliament), and in the period between its sessions, to the Presidium of the Supreme Soviet of the USSR (the collective head of State). Besides, it was enshrined in the Law that the prosecution bodies form a unified and centralized system the Prosecution Service of the USSR headed by the Prosecutor General of the USSR, lower level prosecutors being subordinate to those of a higher level. After the collapse of the USSR, a new Law On the Prosecution Service of the Russian Federation was adopted in January Later on, the principle of unity and centralization of the system of prosecution bodies was enshrined in Article 129 of the 1993 Constitution of the Russian Federation. As a result of various legal reforms, the Prosecution Service of the Russian Federation took its nowadays structural and functional shape as an independent State authority that does not belong to any of traditional branches of power. In the 1992 Law, the function of supervision over compliance with laws on the side of individuals was abolished, a prohibition for the prosecution bodies to interfere with economic activities was established and the substance of prosecutorial supervision underwent considerable changes. The priority of supervision over compliance with human rights and freedoms reiterated and is consistently put into practice now. The link of times is being continued. Today, new demands are put forward before the Russian prosecutors, and more complex tasks are set up. Large-scale reforms and the implementation of some strategic national projects require a new quality of prosecutorial activities, so that the human rights protection and law-enforcement potential of the Prosecution Service could actually promote the development of a democratic and rule-of-law State. Fight against crime and corruption, protection of individuals rights and lawful interests, ensuring the unity of the country s legal area remain among the priorities in the activities of prosecutors. Nowadays, the prosecution bodies attach major importance to timely informing the representative and executive authorities, at all levels, of the current state of lawfulness in law-enforcement practice. That is what is considered the main line of activities of the Prosecution Service on which the citizens well-being and safety, as well as the security and interests of the State depend, to a large extent. 10 Historical Background

11 Article 1. The Prosecution Service of the Russian Federation 1. The Prosecution Service of the Russian Federation shall be a single federal centralized system of bodies which on behalf of the Russian Federation shall supervise the compliance with the Constitution of the Russian Federation and the enforcement of laws that are in force in the territory of the Russian Federation. The Prosecution Service of the Russian Federation shall also carry out other functions provided for in federal laws With a view to ensure the rule of law, unity and strengthening of legality, protection of the rights and freedoms of individuals, as well as legally protected interests of the society and the state, the Prosecution Service of the Russian Federation shall discharge the following functions: - supervision over the enforcement of laws by federal ministries, state committees, services and other federal executive authorities, representative (legislative) and executive authorities of the constituent entities of the Russian Federation, local selfgovernment authorities, military administration, controlling bodies, as well as by their officials, entities of societal control over ensuring human rights in places of custody and of rendering assistance to persons being in custody, organs of management and executive officers of commercial and non-profit organizations, as well as supervision over the compliance of legal acts issued by them with the law; - supervision over observance of the rights and freedoms of individuals by federal ministries, state committees, services and other federal executive authorities, representative (legislative) and executive authorities of the constituent entities of the Russian Federation, local self-government authorities, military administration, controlling bodies, as well as by their officials, entities of societal control Prosecutor General s Office of the Russian Federation THE LEGAL BASIS OF THE PROSECUTORIAL ACTIVITIES IN RUSSIA The 1992 Federal Law ON THE PROSECUTION SERVICE OF THE RUSSIAN FEDERATION (AS AMENDED (excerpts) over ensuring human rights in places of custody and of rendering assistance to persons being in custody, organs of management and executive officers of commercial and non-profit organizations; - supervision over the enforcement of laws by bodies carrying out detective activities, inquiries, and preliminary investigations; - supervision over the enforcement of laws by bailiffs; - supervision over the enforcement of laws by penitentiary administrations; - criminal prosecution in accordance with the powers laid down in the criminal procedural laws of the Russian Federation; - co-ordination of crime control activities of law enforcement agencies; - initiating proceedings related to administrative offences and carrying out administrative inquiries in accordance with the powers laid down in the Code of Administrative Infractions of the Russian Federation and other federal laws. 3. In accordance with the procedural laws of the Russian Federation, prosecutors shall participate in the judicial proceedings in the courts and the arbitrary courts (hereinafter referred to as the courts ), and appeal against those courts decisions, judgments, rulings, and resolutions that contravene the law. 4. The Prosecution Service of the Russian Federation shall participate in law-making activities. 5. The Prosecutor General s Office of the Russian Federation shall publish special journals. Article 2. International Cooperation Within the limits of its competence, the Prosecutor General s Office of the Russian Federation shall maintain direct contacts with appropriate agencies in other countries and international organizations, 1 Pursuant to Article 3 of the 1992 Federal Law, no functions except those prescribed by a federal law may be assigned to the Prosecution Office of the Russian Federation. The Legal Basis of The Prosecutorial Activities In Russia 11

12 cooperate with them, conclude agreements on legal assistance and crime control, and participate in the drafting of international treaties of the Russian Federation. Article 4. Principles of Organization and Activities of the Prosecution Service of the Russian Federation 1. The Prosecution Service of the Russian Federation shall constitute a single federal and centralized system of bodies (hereinafter referred to as the prosecution bodies ) and institutions, and operate on the basis of subordination of lower-level prosecutors to those of a higher level and to the Prosecutor General of the Russian Federation. 2. The prosecution bodies shall: - exercise their powers independently of federal public authorities, public authorities of the constituent entities of the Russian Federation, local self-government authorities, social associations, and in strict compliance with the laws that are in force in the territory of the Russian Federation; - operate publicly, to the extent where it does not contravene the requirements of the laws of the Russian Federation on protection of the rights and freedoms of citizens, as well as the laws of the Russian Federation on state secrets and other secrets specially protected by law; - inform federal public authorities, public authorities of the subjects of the Russian Federation, local self-government authorities, as well as the population of the state of legality. 3. Prosecutors may not be members of any elected and other bodies set up by any public authorities and local self-government authorities. 4. The staff of the Prosecution Service shall not be members of any social associations pursuing political goals and take part in their activities. The setting up and any activities of social associations pursuing political goals as well as of their organizations in the prosecution bodies and institutions shall not be allowed. In their official activities, prosecutors shall not be bound by decisions of any social associations. 5. The staff of the Prosecution Service shall not have the right to combine their main activities with other paid or free activities, except for educational, scientific and other creative activities. In addition to that, the educational, scientific, and other creative activities may not be financed exclusively from the funds of foreign countries, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided for in an international treaty of the Russian Federation or the legislation of the Russian Federation. The staff of the Prosecution Service shall not have the right to be members of any management bodies, boards of trustees or supervisors, and other bodies of foreign non-profit and non-governmental organizations or their organizational units operating in the territory of the Russian Federation, unless otherwise provided for in an international treaty of the Russian Federation or the legislation of the Russian Federation. Article 11. The System of the Prosecution Service of the Russian Federation 1. The system of the Prosecution Service of the Russian Federation shall comprise of the Prosecutor General s Office of the Russian Federation, prosecutor s offices in the constituent entities of the Russian Federation, military and other specialized prosecutor s offices with an equal status, scientific and educational institutions, editorial offices of publications, having the status of legal entity, as well as city and district prosecutor s offices and other territorial, military, and other specialized prosecutor s offices. The Prosecutor General s Office of the Russian Federation, prosecutor s offices of the constituent entities of the Russian Federation, prosecutor s offices with a status equal to theirs, and scientific and educational institutions shall have social, communal and economic facilities under their operational management. 2. The formation, reorganization and liquidation of prosecution bodies and institutions, determination of their status and competence shall be carried out by the Prosecutor General of the Russian Federation. 12 The Legal Basis of The Prosecutorial Activities In Russia

13 System of the prosecution bodies THE PROSECUTOR GENERAL S OFFICE OF THE RUSSIAN FEDERATION THE CHIEF MILITARY PROSECUTOR S OFFICE THE SYSTEM OF MILITARY PROSECUTION OFFICES THE PROSECUTOR S OFFICES OF THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION CITY AND D PUBLIC PROSECUTOR S OFFICES SPECIALIZED PUBLIC PROSECUTOR S OFFICES SPECIALIZED PROSECUTOR S OFFICES WITH THE STATUS OF A DISTRICT PROSECUTOR S OFFICE ACADEMY OF PROSECUTOR GENERAL S OFFICE OF THE RUSSIAN FEDERATION System of The Prosecution Bodies 13

14 THE PROSECUTOR GENERAL S OFFICE The General Department for Organization and Analysis The General Department for the Supervision over the Execution of Federal Legislation The Bureau of the Prosecutor General of the Russian Federation The Organizational Department The Department for Supervision over the Respecting of Human Rights and Freedoms The Department for Supervision over Execution of Laws Protecting Interests of State and Society The Department of Legal Statistics The Division of Officers on Duty The Department for Supervision over the Respecting of Rights of Entrepreneurs The Division of Organization and Methodology The General Department of Personnel The Personnel Department for the Central Administration and Territorial Prosecution Bodies The Department of Internal Inquiries and Prevention of Corruption and Other Offences - the Pension Division The Department of Methodology and Training The General Department for Supervision over Investigation The Department for Supervision over Execution of the Legislation in the Economic Sphere The Documentation Division The Department for Supervision over Execution of the Legislation on Transportation and Customs The Department of Security and Physical Protection The General Department of Criminal Proceedings in Courts The Department for Supervision over Procedural Activities of the Investigative Committee of the Russian Federation The Division for Supervision over Investigation in the Ministry of the Interior and the Federal Drug Control Service of Russia The Department of State Prosecution The Department for Ensuring of Prosecutor s Participation in Cassation and Supervisory Proceedings The Appeal Department The Division of Organization and Analysis The Department for Supervision over Conduct of Inquiry and Detective Activities The Department of Methodology and Analytical Support of Supervision over Procedural Activities of Bodies of Preliminary Investigation and Operative and Search Activities The Documentation Division The Department for Supervision over Investigation of Major Cases The Department for Supervision over the Execution of the Legislation on Combating Corruption 14 The Prosecutor General s Office of The Russian Federation

15 OF THE RUSSIAN FEDERATION Prosecutor General s Office of the Russian Federation The Department for Supervision over Execution of the Legislation on Federal Security, Inter-ethnic Relations and Combating Extremism and Terrorism The General Department of International Legal Cooperation The Department of Prosecutors Participation in Civil and Arbitration Proceedings The Department for Supervision over the Execution of Sentences The Legal Departmen The Department of Extradition The Department of International Law The Documentation Division The Department of Legal Assistance The Division of International Cooperation in Major Cases The Department of Documentation and Methodology The Department for Examination of Applications and Receiving Applicants The Protocol Division The Division of Control and Audit The First Division The Department of Relations with Mass Media The Department of the Prosecutor General s Office of the Russian Federation in the Southern Federal Distric The Department of the Prosecutor General s Office of the Russian Federation in the North Caucasian Federal Distric The Department of the Prosecutor General s Office of the Russian Federation in the Central Federal District The Department of the Prosecutor General s Office of the Russian Federation in the North-Western Federal District The Department for Financial and Economic Affaires The Department of the Prosecutor General s Office of the Russian Federation in the Federal District for the Volga Region The Department of the Prosecutor General s Office of the Russian Federation in the Federal District for the Urals The Department of the Prosecutor General s Office of the Russian Federation in the Siberian Federal District The Department of the Prosecutor General s Office of the Russian Federation in the Far Eastern Federal Distric The Academy of the Prosecutor General s Office of the Russian Federation The Prosecutor General s Office of The Russian Federation 15

16 Heraldic symbols In order to implement the uniform state policy in the sphere of heraldry, assure orderliness of the official symbols associated with the Prosecution bodies of the Russian Federation, and for the purpose of continuing and developing historic traditions, a heraldic symbols were established by the Order of the President of the Russian Federation on 4 October 2008 the emblem and the flag of the Prosecution Service of the Russian Federation. 16 Heraldic symbol

17 International Cooperation Cooperation with international organizations and organs, as well as with competent authorities of foreign states is one of the priority activities of the Prosecutor General s Office of the Russian Federation. To this end the General Department of International Legal Cooperation was established in June It is composed of the Department of extradition, Department of legal assistance (including Division of cooperation with the Asian countries, located in the city of Khabarovsk), Department of international law, and Division of international cooperation in major cases. Today the international activities of the Prosecutor General s Office of the Russian Federation are primarily focused on the issues of cooperation with foreign countries in criminal matters. They include, first of all, the issues of extradition and legal assistance in criminal matters, including the recovery of crime proceeds from abroad. In accordance with the international treaties and the Russian legislation the Prosecutor General s Office of the Russian Federation is the central authority of the Russian Federation in the sphere of extradition and legal assistance in criminal matters. In addition, the Prosecutor General s Office of the Russian Federation is the competent authority for the Convention on the Transfer of Mentally Ill Persons for Compulsory Treatment, signed in 1997 in the framework of the Commonwealth of Independent States (CIS). At present the Prosecutor General s Office of the Russian Federation cooperates in criminal matters with almost 80 states of the world. Such cooperation is pursued on the basis of international treaties or the principle of reciprocity. Every year about 10 thousands requests for legal assistance come from and are sent to foreign partners. Among the key activities is cooperation with foreign colleagues in the issues related to search, seizure and recovery from abroad of stolen assets. Besides, the Prosecutor General s Office of the Russian Federation carries out protection, by international legal means, of property rights of the persons who were recognized as victims in criminal cases in Russia. The General Department of International Legal Cooperation also organize interaction of the Prosecutor General s Office of the Russian Federation with foreign partners on other issues, both on bilateral and multilateral basis. In particular, it is actively engaged in legal cooperation events hosted by many internation- International Cooperation 17

18 al organizations, notably, the United Nations Organization (UN), the CIS, the Council of Europe, G8, the European Union (EU), the Organization on Security and Cooperation in Europe (OSCE), the Shanghai Cooperation Organization, the Council of the Baltic Sea States and the Financial Action Task Force on Money Laundering (FATF). The cooperation of the Prosecutor General s Office of the Russian Federation with partners from the CIS countries in the areas of ensuring the rule of law, human rights and freedoms, and crime combating is effected in the framework of the Coordinating Council of Prosecutors General of CIS Member States (CCPG). The Prosecutor General of the Russian Federation is being elected as the Chairman of the CCPG since its foundation in December The chief executives of the Prosecutor General s Office of the Russian Federation maintain close working contacts with the leaders of the Council 2005 as a consultative body of the Committee of Ministers of the Council of Europe. At the initiative of the Russian Prosecution Service, the CCPE adopted the Opinion No.1 in November 2007 on Ways to Improve International Cooperation in the Criminal Justice Field. The following year the CCPE approved the Opinion No.2 on Alternatives to Prosecution. The Prosecutor General s Office of the Russian Federation was actively involved in preparation of the CCPE Opinion No.3 (2008) on The Role of Prosecution Services outside the Criminal Law Field. This Opinion was drafted on the basis of the conclusions of the Conference of Prosecutors General of Europe on the above topic, hosted by the Prosecutor General s Office of the Russian Federation in cooperation with the Council of Europe in Saint Petersburg in July In November 2009 the Consultative Council of European Prosecutors and the Consultative Council of Europe, primarily on the issues of prosecutorial activities in the area of human rights protection and crime combating. Representatives of the Prosecutor General s Office of the Russian Federation actively participate in the work of the Consultative Council of European Prosecutors (CCPE) established in June of European Judges at their joint meeting adopted Opinion No.4 on Relationship between Judges and Prosecutors, which include the Bordeaux Declaration and Explanatory memorandum. In 2010 the CCPE Opinion No.5 on Role of Public Prosecution and Juvenile Justice was adopted. Then followed the Opinion No.6 (2011) on Relationship 18 International Cooperation

19 between Prosecutors and the Prison Administration, and the Opinion No.7 (2012) on Management of the Means of Prosecution Services. All the CCPE Opinions, with appropriate conclusions and recommendations are submitted for consideration to the Committee of Ministers of the Council of Europe. In furtherance of the Opinion No.3 Recommendation CM/Rec(2012)11 of the Committee of Ministers to member states on The Role of Prosecutors outside the Criminal Justice System was adopted in September 2012, with active participation of the representatives of the Prosecutor General s Office of the Russian Federation. In December 2008 by the decision of the Russia s Presidential Anti-Corruption Council the Prosecutor General s Office of the Russian Federation was designated the Russian central authority for interaction with the Group of States against Corruption (GRECO) established in the Council of Europe. The Prosecutor General s Office of the Russian Federation actively participates in the meetings of the Russia-EU Permanent Partnership Council, examining the implementation of the Road Map in the common field of freedom, security and justice, adopted at the Russia-EU Summit in Moscow (May 2005). Interaction is maintained with Eurojust the European Union s agency responsible for promotion and coordination of cooperation in the area of extradition and legal assistance in criminal matters. Since 2002 the issues of interaction in the area of crime combating and protection of human rights have been discussed at annual meetings of Prosecutors General of the member states of the Shanghai Organization of Cooperation which unites Kazakhstan, Kirgizia, China, Russia, Tajikistan and Uzbekistan. The leaders of the Prosecutor General s Office of the Russian Federation take part in the annual meetings of the Council of Prosecutors General of the Baltic States. The Joint Collegium of the Prosecutor General s Office of the Russian Federation and the Prosecutor General s Office of the Republic of Belarus was established on 15 May 2008 with the task of coordinating the activities of the prosecution services of the two countries in the area of ensuring the rule of law and order, human rights and freedoms, and crime combating. At present the Prosecutor General s Office of the Russian Federation has multilateral and International Cooperation 19

20 bilateral interdepartmental agreements and other arrangements on cooperation with 53 states, of which 24 were signed during the last three years, including 10 instruments in In conformity with these agreements, the cooperation is carried out, specifically, by sharing experience and national legal acts, conducting joint seminars and conferences. The working contacts established under these agreements facilitate to improve quality of preparing and executing concrete requests for extradition and mutual assistance in criminal matters. On the basis of such agreements with competent authorities of some countries programs of cooperation are elaborated for a definite period of time. Our foreign colleagues interest in using such form of cooperation facilitating to establish close working contacts is growing from year to year. In 2012 the number of signed cooperation programs (9) increased threefold as compared with Russian prosecutors also cooperate with international non-governmental organizations. For instance, the Prosecutor General s Office of the Russian Federation is a member of the International Association of Prosecutors (IAP) and the International Association of Anti-Corruption Authorities (IAACA). The Prosecutor General s Office of the Russian Federation has close ties with IAP since its foundation in At present the Association comprises 165 organizational members, and together with individual members it has over 250 thousand prosecutors from more that 150 countries of the world. The Prosecutor General of the Russian Federation Mr. Yu. Chayka is a member of the IAP Senate, and the Deputy Prosecutor General of the Russian Federation Mr. A.G. Zvyagintsev is a member of the IAP Executive Committee. In May 2012 the IAP Executive Committee decided to hold the 18th IAP Annual Conference and General Meeting in Moscow in September The general theme of 18th IAP Annual Conference The Prosecutor and the Rule of Law will allow to consider the most important aspects of prosecutorial activities both within and outside the criminal justice system. 20 International Cooperation