To what branch of power does the prosecutor's office belong?
- maybe, to the executive?
- The legal status of the RF Prosecutor's Office in the RF Constitution is NOT DEFINED.
Based on the content of paragraph 1 and 5 art. 129 of the Constitution of the Russian Federation and art. 1 and 4 FZ "On the Prosecutor's Office of the Russian Federation," the RF Prosecutor's Office is a unified federal centralized system of bodies exercising on behalf of the Russian Federation supervision over compliance with the Constitution of the Russian Federation and the implementation of laws in force in the territory of the Russian Federation. The Prosecutor's Office exercises its powers independently of the federal government bodies, state authorities of the subjects of the Russian Federation, local governments, public associations and in strict accordance with the laws in force in the territory of the Russian Federation.
Thus, the Prosecutor's Office is one of the constitutionally assigned organs of the STATE AUTHORITY, but it does not enter into any of the listed in Art. 10 of the RF Constitution of the branches of power.
That's right - the body of the state. power is, and not to one branch does not apply and all IT in strict accordance with our Constitution.
- judicial eptich
- To the executive, ..
- Judicial branch
- In accordance with the Constitution of the Russian Federation - to the judiciary, as Art. 129 Constitution, dedicated to the Prosecutor's Office, is in the chapter 7 of the Constitution, which is called "Judicial Power."
In my opinion, the prosecutor's office does not apply to the judiciary, or to the executive, let alone legislative, since:
1), the function of the judiciary is justice, and this function is performed only by the court, but not by the prosecutor's office (paragraph 1, article 118 of the Constitution);
2) proceeding from art. 129 of the Constitution and the Federal Law "On the Prosecutor's Office", the prosecutor's office is a single centralized system of bodies having a special task that is not characteristic of the above branches of government - supervision of compliance with the Constitution of the Russian Federation and the implementation of laws in force in the territory of the Russian Federation.
Conclusion: the prosecutor's office is in fact the fourth branch of state power.