General public prosecutor YURY the SEAGULL in interview to" correspondents to MAXIM VARYVDINU and SERGEY DJUPINU has told, why department achieves returning to itself of powers on investigation of affairs in the relation so-called spetssubektov, and also givings arestnyh petitions; as business of YUKOS and why in the list from 32 political prisoners there were usual criminals was checked.
- recently the government has directed a negative response to the State Duma on the bill according to which functions of excitation and investigation of criminal cases, and also references in courts with petitions, including for arrests and clearings of figurants of affairs could be returned the State Office of Public Prosecutor. Public prosecutors do not have not enough these functions?
- It is possible to regret only that this bill has not found support in the government. Necessity of entering of respective alterations in criminally - the remedial legislation is obvious to us. The amendments accepted in 2007 in UPK and the law on Office of Public Prosecutor have essentially reduced powers of public prosecutors on supervision of a consequence. As a result the public prosecutor has appeared is deprived of some supervising powers which were given to it since 1864 when the Charter of criminal legal proceedings and which then have passed in UPK RSFSR and the Russian Federation has been accepted. Actually public prosecutor`s supervision is changed by departmental control in investigating bodies, and it has led to infringement of the remedial mechanism in sphere of criminal legal proceedings.
I want to underline that according to UPK the public prosecutor not only supervises behind execution of laws by investigation bodies, but also carries out criminal prosecution on behalf of the state. It has the right to cancel illegal decisions on excitation of criminal cases or on refusal in their excitation, to initiate criminal prosecution. And at the same time, even having for this purpose remedial preconditions, cannot file criminal charges. Absence at the public prosecutor of such powers does not contribute in strengthening of legality and does not respond international law principles. It is enough to tell that in the recommendation of committee of ministers of the Council of Europe of 2000 " About a role of Office of Public Prosecutor in system of criminal justice " it is underlined that public prosecutors not only support charge in court, but also " in all systems of criminal justice solve a question on excitation or continuation of criminal prosecution ".
- And how with it business abroad is?
- Even among Offices of Public Prosecutor of the countries-participants CIS - the paradoxical fact! - the Russian public prosecutors - unique who is not vested by the right of excitation of criminal cases. Meanwhile, as I consider, the public prosecutor should raise criminal cases concerning so-called spetssubektov - professional participants of criminal legal proceedings and inspectors. It does not assume creation in bodies of Office of Public Prosecutor of own investigatory divisions. To raise such criminal cases and investigate them the public prosecutors authorised by the public prosecutor could.
- why at preventive punishment election in court of a position of the public prosecutor and the inspector sometimes appear opposite?
- At election in court of a preventive punishment I oblige public prosecutors to pay special attention on a state of health of the person, its marital status, an occupation and so on. I demand with deep arguments to defend the position in case of disagreement with imprisonment. Unfortunately, the opinion of the public prosecutor is not obligatory for the inspector - he can be converted into court with the corresponding petition, having secured with the consent of the head. As a result the court at election of a measure of remedial compulsion frequently faces that representatives of one party of criminal legal proceedings - the charge parties - on this point in question have no uniform position. Hardly it is possible to recognise such position normal.
as practice bears, annually courts reject an order of 20 thousand illegal and unreasonable petitions of inspectors about election of a preventive punishment in the form of imprisonment or prolongation of term of arrest. And more than thirds of petitions of inspectors deviate court under requirements of public prosecutors.
According to the bill about which we speak, the right to be converted into court with the petition for preventive punishment election should belong only to the public prosecutor. In such legal design that, unlike the judge, the public prosecutor can estimate the proofs collected by a consequence on business is important and it would allow to provide additional remedial guarantees of observance of the rights accused and suspects.
- recently the question on merge of the State Office of Public Prosecutor of Russia and Ministry of Justice of the Russian Federation again is actively discussed. Ostensibly it will provide reduction of the Russian legislation in conformity European
- Similar discussions are conducted for a long time already and inherently have purely theoretical character. They are caused by that article 129 of the Constitution defining principles of activity of Office of Public Prosecutor, is carried to head " Judicial authority ". At the same time the Office of Public Prosecutor on the substance of the activity is not body of this power. From here and contradictory opinions which emerge from time to time. In the different countries bodies of Office of Public Prosecutor are arranged on - to a miscellaneous, but all of them are independent, and it, perhaps, the most important thing.
- for last year in the State Office of Public Prosecutor of the Russian Federation there were serious personnel changes. With what they are connected?
- I the supporter of rotation of shots, therefore for last year was considerably the administrative board both in central office of the State Office of Public Prosecutor, and in Offices of Public Prosecutor on places is updated. My two assistants are released from posts: one in connection with a retirement, and another has passed to work in governmental body. Four new assistants are simultaneously appointed. Besides, in 2011-2012 it is appointed and moved on service more than 60 heads of divisions of central office, including there were 9 new chiefs of central administrative boards and managements of the State Office of Public Prosecutor. In Offices of Public Prosecutor of subjects of the Russian Federation consecutive rotation of shots also is spent. In 2011-2012 25 public prosecutors of subjects of the Russian Federation, 50 assistants to public prosecutors and 547 public prosecutors of a regional link are appointed.
- After known scandal with kryshevaniem a casino the structure of Office of Public Prosecutor situated near Moscow has strongly changed?
- In Office of Public Prosecutor of Moscow Region for last one and a half year it was replaced more than twenty city and regional public prosecutors - practically third of their total number. There has passed off-schedule personnel certification of a regional link. Certifications, I will note, also have been spent in Offices of Public Prosecutor of St.-Petersburg, Moscow and in the Moscow multi-region transport Office of Public Prosecutor.
- resignations and movings on service are spent and by results of checks of inspection management of the State Office of Public Prosecutor?
- in own numbers we do not stand on ceremony With betrayers, as each case of infringement by ours to workers of the oath of the public prosecutor is for us serious state of emergency. Concerning overall performance of the given management and divisions on places I can tell that in 2011 39 public prosecutor`s workers have been dismissed for oath violation and other infringements. Summary punishments have received our 2830 employees.
- rotation of shots does not create problems to public prosecutors on new places, for example in the North Caucasus?
- Absolutely is not present. In many North Caucasian republics by heads of Offices of Public Prosecutor me public prosecutors from Ural Mountains and Siberia have been appointed. And I to you will tell that heads of republics very positively respond about their work. For example, over Office of Public Prosecutor of the Chechen Republic the former assistant to the public prosecutor of Sverdlovsk area Michael Savchin supervises. Recently in conversation with me the head of republic Ramzan Kadyrov has given to its work high appreciation. The same - in Dagestan.
- In the North Caucasus the commissions on adaptation of insurgents to the peace life which members not always find common language with law enforcement bodies now operate. How you think, support at federal level is necessary to the similar commissions?
- I think that is necessary. The problem of counteraction in the North Caucasus costs to terrorism and extremism very sharply. And we will gradually come creating legislative base for such commissions which will allow to resolve many contradictions.
- recently in the State Office of Public Prosecutor management on supervision of observance of the rights of businessmen has been created. And why them allocate in a separate category, ignoring socially not protected citizens?
- At us (in bodies of Office of Public Prosecutor. - ) protect all. In central office of the State Office of Public Prosecutor there is a management on supervision of observance of the rights and freedom of citizens which structure includes departments on affairs of minors and youth, and also to supervision of execution of laws in social sphere. About what enormous work is spent on protection of socially vulnerable citizens, I in detail told in the annual report in federation Advice. I can tell that only in social sphere for last year by us it is revealed almost 3 million infringements of laws in this connection corresponding measures of reaction are taken.
as to businessmen then it was really necessary to strengthen supervision as business suffers affliction from rejderskih captures, excessive pressure from any officials and agents of national security. It creates threat of economic stability of the state and to growth of welfare of citizens. For example, recently to us one large foreign corporation was converted. It invested about $1 mlrd to Russia and has faced serious problems. We have spent checks, have achieved excitation of several criminal cases.
- almost all checks are now co-ordinated with bodies of Office of Public Prosecutor business - structures, that are spent in frameworks operatively - razysknoj activity. And after all they call the greatest quantity of claims.
- you are right. In this sphere for a long time it is time to put things in order. Now legality operatively - razysknyh actions is estimated already after their carrying out - in court or when complaints from victims arrive. Therefore we have prepared offers to the president in which it is told about necessity of introduction of a certain order of the coordination with bodies of Office of Public Prosecutor of the checks spent by subjects ORM.
- On the instructions of the president the State Office of Public Prosecutor co-ordinates fight against corruption. How you estimate this problem?
- With corruption to struggle difficult, but it is possible and it is necessary. And if to approach to this problem in a complex as it and is put in National strategy of counteraction of corruption results will be notable.
as a whole we mark growth of number of infringements of the anticorruption legislation. Most of all them it is supposed at execution of control functions, use of the state property, realisation of state orders, tax administration, in an education sphere, public health services and housing - municipal services.
if to be converted to statistics by results of the work spent by public prosecutors in 2011 it is revealed over 312 thousand infringements of laws that on 38,1 % more than in 2010. In this connection the increase in quantity of certificates of reaction brought by public prosecutors is marked also.
Our checks also have shown that employees of all levels at representation of data on incomes in 2010 had been admitted numerous infringements. By their public prosecutors it is revealed over 41 thousand With a view of their elimination it is brought more than 1,5 thousand protests, almost 9 thousand representations by results of which consideration over 6 thousand guilty it is involved in a disciplinary responsibility. Similar checks could be even more productive, but public prosecutors have no right to reception of the data making bank and tax secret.
- it is how much effective in this direction operative divisions work?
- As to detection of offences it is necessary to notice that in 2011 the tendency of decrease in number of the registered crimes of a corruption orientation has proceeded. Last year it has been revealed about 35 thousand such crimes - almost on 7 % less, than in previous.
Unfortunately, I can not connect similar processes with improvement of corruption conditions in the country. Basically it is result of easing of work of law enforcement bodies, first of all its operative component. At the same time in the Ministry of Internal Affairs of Russia have changed the approach to this problem. Operative work on revealing and suppression of the system corruption crimes made by the high-ranking officials became priority.
- as you estimate interaction of Office of Public Prosecutor and investigating bodies? Earlier the last declared time and again that supervision renders counteraction to investigations, cancelling decisions about excitation of criminal cases.
- to bring an attention to the question on counteraction of two bodies pursuing the same aims, at least it is nonprofessional. However it is very frequent, aspiring to file criminal charges or arrest as soon as possible guilty, in its opinion, the person, the inspector wrongly believes that it operates exclusively in interests of investigation. After all possibilities to confirm presence or absence of signs of a crime at a stage of preliminary investigation much more, than at carrying out of remedial check. And it is natural, to influence will and behaviour of the person who are in custody, much easier. Therefore, ostensibly operating from good promptings, inspectors shut eyes to that behind arrest at them is not enough the bases for excitation of business or a reference to the court. A leah It is possible to talk under such circumstances about counteraction to investigation by the public prosecutor who has cancelled the decision about excitation of criminal case or opposed arrest? Certainly, no.
It is necessary to understand that absence of the objective, weighed approach in this case not only creates soil for illegal attraction of people to a criminal liability, but also as a whole endangers all process of criminal prosecution. After all all proofs collected with transgression, can be recognised by inadmissible.
now imagine position of the victim who has passed all long way from the moment of excitation of criminal case to its direction in court which gave evidences, took part in identifications, confrontations and others at times unpleasant for it investigatory actions, again and again enduring negative events of the criminal encroachment made on it. And suddenly in court it is found out that business has been raised illegally in this connection all proofs admit inadmissible. Thus, from - for the nonprofessional approach of the inspector guilty can duck out.
- Problems only in qualification of the inspector?
- Not always. Criminal cases are even more often raised at obvious absence on that of the bases. For example, at presence grazhdansko - legal dispute. In Yaroslavl region the unprecedented case of illegal bringing to criminal liability and holding in custody of one citizen is revealed. On the criminal case investigated by investigatory management SKR across Yaroslavl region, accusation in fulfilment of the swindle expressed in poor-quality repair of apartment of the first deputy of the head of this investigatory body has been brought to it (after this fact has been elicited, official SKR have dismissed. - ). Despite obvious presence between the specified persons grazhdansko - legal relations, the repairman has been illegally involved in a criminal liability and more than five months were held in custody.
that public prosecutors in most cases obosnovanno react on illegal excitation of criminal cases, the statistical data bears also. From more than 35 thousand cancelled by them last year decisions about excitation of criminal cases by a consequence it has been appealed against only 414. From them it is cancelled by higher public prosecutors 253. And it less than 1 %!
- But while the decision about criminal case excitation goes to supervision on check by mail, the figurant can arrest, and intervention of the public prosecutor is already useless.
- And such facts, unfortunately, meet, for this reason we have conversation on expansion of our powers, including at election of a preventive punishment. For now it turns out, what even at lawyers of the rights more than at us. After all earlier, especially on resonant affairs, the future state accuser has been admitted to their materials at a consequence stage. That is carried out support of criminal case from the moment of its excitation before consideration in court.
- it is how much difficult to finish results of your checks to excitation of concrete affairs?
- it is difficult enough. Now the public prosecutor is deprived possibility to file criminal charges on the facts revealed by it during so-called obshchenadzornyh checks of signs of a crime, and obliged to direct a material for the decision of a question to the inspector. Cases when bodies of preliminary investigation disagree with public prosecutors are thus frequent and accept illegal decisions on refusal in excitation of criminal cases, missing thereby time for operative carrying out of remedial actions.
for example, in 2010 public prosecutors have directed more than 30 thousand materials to investigation agencies bodies and inquiries for the decision of a question on criminal prosecutions. On them it is raised a little more than 18 thousand criminal cases. In 2011 this indicator has a little improved. Nevertheless on 30 % of materials of public prosecutor`s checks excitation of affairs it has been refused.
- that is you recognise, what between Office of Public Prosecutor and a consequence there are serious contradictions?
- I Will tell so: between Office of Public Prosecutor and a consequence never was any conflicts or quarrels. There are the problems of working character connected with imperfection of the legislation. Nevertheless we try to solve arising disagreements structurally. All gradually rises on the places.
- judging by the last pytochnym to scandals in Tatarii and other regions, about application to them of violence on a broader scale nobody reacted to complaints of citizens?
- the Facts of application by law enforcement officers of physical violence, certainly, bear to serious problems in law enforcement bodies. As have shown events in Tatarstan, in their basis system organizational omissions in work, absence of due insistence at heads and appropriate control from their party behind activity of subordinates lie.
unfortunately, employees of Office of Public Prosecutor in due time have not revealed and have not stopped mockery in police departments. But I want to explain that at that stage of investigation when pravoohraniteli committed crimes, the public prosecutor can interfere only in the presence of the corresponding complaint.
as a whole in 2011 by public prosecutors for the decision of a question on criminal prosecution to investigating bodies it has been directed about 600 materials about the infringements admitted by police officers, more than half from which make messages on applications of physical violence. Thus 14 criminal cases on the facts of use of illegal methods of influence have been raised only.
- how to avoid violence in police stations?
- As a variant of a solution of a problem it is necessary to provide carrying out of investigatory actions only in specially equipped premises with use of observation cameras and other means of control. Besides, it is necessary to enter obligatory survey of the person delivered in law enforcement bodies. Thus by the last record in the report of survey on absence or on presence at it physical injuries and the reasons of their occurrence should be made.
- not so long ago the president it was entrusted to your department to check up YUKOS business, and at the same time and validity of sentences under the so-called list 32 - h which has been made by legal experts. Can inform on results?
- the President has charged to the State Office of Public Prosecutor to work recommendations following the results of carrying out " public scientific examination on Khodorkovsky and Lebedev`s business ". In one of recommendations it was offered to bring supervising representation on considered by Hamovnichesky regional court of Moscow to criminal case in their relation. We believe that any conclusions which are based on limited, superficial and not remedial research of documents, the basis for revision of the taken place judgement cannot be. The law provides certain procedure of revision of the judgements which have entered validity.
as to a position of Office of Public Prosecutor on this business it has repeatedly been expressed during proceedings in various instances. Nevertheless it does not interfere with the protection party to appeal against against judicial decisions. It uses the given right and now.
the Reference with an appeal about pardon of 40 persons who ostensibly are political prisoners or unreasonably denounced (then this list has been reduced by its authors to 32 surnames), the State Office of Public Prosecutor considered in February - March of this year. First of all it would be desirable, that at readers " the Businessman " there was no false impression concerning the people included in it. All of them have been involved in a criminal liability for concrete crimes, including especially heavy. So, among them there was Murtazalieva denounced for attempt of act of terrorism in a trading complex on a Manezhnaya Square, Gumarov, Shajhutdinov and Ishmuratov, recognised guilty of gas pipeline explosion in the city of Bugulma, lieutenant Arakcheev, denounced that, being in a state of intoxication, together with the accomplice has shot three persons in the Chechen Republic. Nevertheless all criminal cases have been checked up. Not only us, but also superior courts. Any " Political underlying reason " in them is not present.
- the public prosecutor always should apologise For illegal criminal prosecution. You consider, what it is fair?
- According to UPK, the public prosecutor on behalf of the state brings an official apology rehabilitated for the harm done to it. It correctly also corresponds to the world standards. But in present conditions injustice consists that the public prosecutor is urged to apologise even for those actions of a consequence which under the legislation have appeared now out of a zone of public prosecutor`s supervision. So in present conditions, I think, it would be correct, that apologies for acceptance of illegal decisions and their negative consequences brought not only the public prosecutor, but also the inspector.
- the Question of rendering of pressure upon public prosecutors of various level is actual? To you personally call with requests or requirements to make certain decisions, including on spent checks?
- Certainly, personally with requirements nobody calls to me. But on places, unfortunately, probably, any official to some extent vested imperiously - administrative powers, has not avoided attempts of rendering of pressure in the form of requests, offers, hints, and at times and direct threats. Prosecutors of any rank in this case not an exception. However I do not see sense to discuss details of similar situations as I believe that the answer to a question as in such circumstances the public prosecutor should arrive, is obvious - under the law.