Participation of the prosecutor in civil proceedings: forms of participation, grounds, goals

In what cases is the prosecutor necessarily involved?

The list of civil cases is described in the Civil Code of the Russian Federation, but for some of them the participation of a prosecutor is required to give an opinion (Part 3 of Article 45 of the Civil Procedure Code of the Russian Federation).

Such cases include:

forced eviction;
reinstatement after wrongful dismissal;
recovery of compensation for harm to health and life;
adoption or cancellation of adoption;
challenging regulations of state and municipal authorities;
recognition of a citizen as dead, missing, partially capable, incompetent;
recognition of a minor as fully capable;
compulsory hospitalization in a mental hospital, extension of treatment;
deprivation, restriction of parental rights, restoration of rights;
mandatory examination or treatment;
challenging illegal actions of employees of medical and social institutions;
placement of a citizen from a foreign state in a specialized institution after readmission, extension of the placement period.

Depending on the form of participation, the state prosecutor has the right to initiate proceedings or enter into them after the initiation of proceedings.

How much does it cost to buy an apartment?

Due to the fact that the world is currently experiencing an active process of inflation, there is a significant increase in prices for all objects that are in maximum demand among the population. In this case, apartments are no exception. Absolutely every person needs to have their own home, which is why he will strive for the most profitable purchase of an apartment.

Buying real estate is a very profitable investment, but expensive because it will be necessary to spend a decent amount of financial resources, which not every citizen has.

Statistics show that over the past year the cost of an apartment in a newly built building has almost equaled the cost of secondary housing. So, prices for a one-room apartment in a new building in Moscow vary significantly: from 5,157,140 rubles to 22,584,800 rubles per apartment.

Prices for secondary housing range from 5,300,000 to 24,000,000 rubles per apartment.

Almost all statistics that reflect the increase in the cost of an apartment in certain cities can be found freely available on the Internet. Most charts are based on the cost per square meter of real estate.

The graphs show minor jumps in changes in home sales prices, but mostly price increases dominate.

Every year, real estate prices increase, which is associated with the financial and economic situation both in the country and in the world. That is why it is necessary to purchase an apartment now, if possible, since real estate prices will not fall. Experts say that the forecast will not change in the near future: the cost of real estate will continue to grow monthly.

Due to the fact that the coronavirus pandemic is currently unfolding in the world, in 2020-2021 there was a decrease in the interest rate on loans, which led to a significant increase in the cost of real estate. This is due to the fact that sellers inflate the price of housing because they do not want to lose possible financial resources.

Real estate prices vary depending on various factors that can characterize both our country and the world as a whole:

Weakening of the ruble.
World pandemic associated with coronavirus.

These two factors increased the price of building materials necessary for the construction of real estate. At the same time, there is a significant shortage of construction specialists, since there are a number of bans on the entry of people from abroad. Anti-Covid measures have forced many developers to suffer significant losses and go into debt due to the constant postponement of the commissioning of real estate. This provoked a rise in prices to cover losses.

There are also other factors that can significantly affect the cost of an apartment:

The floor where the apartment is located. As a rule, cheaper but poorly sold apartments are those located on the first and last floors of the house. On the ground floor below the apartment there is a basement, which can cause problems with humidity, odors and insects. At the same time, at the moment, on the first floors, people have to share a common wall with cafes, clubs, and beer bars. You can often hear noise from the intercom door. Residents are not satisfied with the last floor of the house due to roof leaks, which may be associated with precipitation.
View from the window. This criterion cannot be changed, which is why it significantly affects the cost. As a rule, houses with windows overlooking attractions and beautiful places have the highest cost of apartments.
Location of the apartment in the house. If the apartment's windows face south, it will be sunny and retain heat. Such an apartment will be much more expensive than one whose windows face north, since it will be colder, despite the heating.
Condition of electrical wiring and plumbing. If the house has recently been renovated, the apartments in it will cost much more. If the apartment is equipped with the necessary meters, then its prices increase.
Condition of housing. These criteria include various features relating to the location of the apartment, furniture, plumbing, electrical wiring, and the presence of everything necessary for housing.
Layout and possibility of redevelopment. Of course, an apartment with the most successful layout will cost much more than the one in which redevelopment is necessary for a comfortable and adequate life. As a rule, in the latter case, sellers can make a good discount on the apartment.
Infrastructure condition. Real estate next to which there are all the necessary facilities for life, that is, a shopping center, shops, metro stations, public transport stops, schools, kindergartens, fitness centers, will cost much more. This criterion also evaluates the congestion of the area where the house is located. It is necessary to assess the condition of the roads, whether traffic jams often form there, making travel difficult. Adequate infrastructure is one where the necessary facilities are located near the house and can be reached on foot in about 10-15 minutes. The undeveloped infrastructure of the area is a reason for discounts on apartments.
Public facilities that are located near the house. The basis of this criterion is the environment and extraneous noise. As a rule, industries, airports and railway tracks, which may be located near the house, can disturb the environment and create constant or periodic noise.
Legal nuances. The price of an apartment may be significantly reduced due to the clarification of some legal nuances that may complicate the procedure for buying and selling real estate. These nuances include the presence of owners who are under 18 years of age at the time of sale, since in this case the purchase procedure will be delayed. Guardianship authorities will participate in the transaction. A lengthy purchase procedure can also be caused by a counter-purchase of real estate, when the seller can register the real estate in exchange for a sale.

Forms of prosecutor's participation in the process

Let's consider the main forms used in proceedings with the presence of a prosecutor:

the beginning of the process by the state prosecutor in defense of the legal rights of citizens, when he is endowed with all the rights of the plaintiff;
entry into the process as determined by the court, if the case was initiated at the request of another person.

In the latter case, the court may involve a prosecutor if it is impossible to make an objective decision on the case without his opinion.

Preliminary court hearing in civil proceedings

Simplified proceedings in civil proceedings

What is the difference between cost and price?

Almost the entire modern population in everyday life equates such two concepts of economics as value and price, without realizing their significant differences.

At the moment, there are many works by economics professors that clearly demonstrate the difference between these economic categories, which should be understood in order to fully work in the market. This knowledge can be useful to researchers, students, novice scientists, as well as people who plan to carry out their activities in the market. Special attention should be paid to these two economic categories of businessmen and entrepreneurs who already have or are just building their own business within the market. Specialists who decide to engage in trading on certain types of exchanges are also required to have the relevant knowledge.

Let's begin our consideration of these two economic categories with their definitions.

Price is a certain amount of financial resources that was set by the seller for one piece of goods. The price reflects a certain amount of money for which the seller is willing to sell his product to the public. Since the relationship between price and product always occurs individually, the price is set per item. Accordingly, the price is an indicator that is equated to a product or service in one copy.

Cost is the largest economic indicator, which consists of several criteria. So, the cost is a certain total amount of financial resources that was spent on the import of resources and the subsequent production of goods. It is worth noting that this definition is only applicable if a tangible product is considered. If the cost of a certain service is considered, its definition changes significantly. Thus, the cost of a certain service will be the number of hours that must be multiplied by the salary for 1 hour of work of the employee providing this service. Moreover, if the service requires some expenses, then this indicator is added to the price of all consumables that were spent in the process of providing the service.

The main difference that must be understood in order to smoothly distinguish between value and price is their different expression. Value and price are expressed in economics in completely different units.

The price is always expressed in some equivalent, that is, in a certain amount of financial resources within a particular currency. Without fail, the price is measured only in money. With cost, everything is much more complicated, since it is expressed in physical units, which, of course, can later be converted into financial assets in a certain currency. It turns out that value can also be expressed in money, but indirectly. It is directly expressed exclusively in physical units.

Thus, it is already clear from the definition that value is a more extensive and fundamental economic category, since it includes a number of characteristics that can change significantly due to some economic factors.

When does a prosecutor file a claim in court on his own?

According to Art. 45 of the Code of Civil Procedure of the Russian Federation, the state prosecutor can initiate proceedings in any civil cases if a citizen is unable to file a claim on his own for valid reasons:

serious disease;
incapacity;
elderly age;
other extenuating circumstances.

This rule does not apply to cases of protection of social, labor and family rights of citizens: in these cases, the state prosecutor must be involved, regardless of the circumstances of the plaintiff.

Rights of the prosecutor when independently applying to court

If an employee of the prosecutor's office files a claim in court to protect the rights of another citizen on his own, he is endowed with the rights of a plaintiff (Article 35 of the Code of Civil Procedure of the Russian Federation).

During the proceedings, he may:

demand familiarization with the case materials, submit petitions and objections;
submit challenges;
change the requirements completely or partially;
change the grounds, the subject of the dispute;
change the size of requirements;
receive copies of documents;
appeal decisions, resolutions, rulings;
give your reasons;
declare a review of cases based on newly discovered circumstances, regardless of whether he participated in the process earlier or not;
participate in meetings.

Note! The prosecutor is not the plaintiff’s human rights defender when filing a claim independently. His presence is due to the protection of laws. Also, he does not belong to the parties to the proceedings; a counterclaim cannot be brought against him. The state prosecutor is not obligated to pay legal costs and does not have the right to enter into settlement agreements. The decision does not apply to him, because he is not a beneficiary in the case.

Not only the defendant, but also the plaintiff must be notified of the prosecutor filing a lawsuit in court. If an employee of the prosecutor's office refuses the application, the proceedings continue unless the plaintiff refuses. If the plaintiff himself refuses the claim, the consideration is terminated, regardless of the opinion of the state prosecutor.

Regulatory regulation of the judicial process

No one will be surprised by the presence of a prosecutor in a trial. His participation in it is regulated by law. He does not have the right to take part in every process. In practice, of course, it is more difficult to force department employees to fulfill their duties in full than to face their unreasonable interference.

The actions of the prosecutor in the field of civil proceedings are regulated by two basic regulations of the Russian Federation:

Law “On the Prosecutor's Office of the Russian Federation”;
Civil Procedure Code.

The Law “On the Prosecutor's Office” contains the grounds and forms of participation of an employee of this department in the judicial process, and in civil proceedings in particular.

The Civil Procedure Code is a normative act regulating the initiation and consideration of civil cases. It contains only one article devoted entirely to the participation of prosecutors - Art. 45 Civil Procedure Code. It either repeats the provisions of the relevant law, or deciphers its provisions as they relate to civil proceedings.

Thus, the forms of participation of the prosecutor in civil proceedings are determined by two laws.

In addition, the General Prosecutor's Office, sometimes jointly with other departments, issues orders aimed at implementing laws, this also applies to participation in civil proceedings.

The relevant department of the Prosecutor General's Office takes care of ensuring the participation of prosecutors in civil proceedings.

The Prosecutor General's Office is also engaged in summarizing citizens' statements and judicial practice. This makes it possible to identify negative trends in public life. Of course, they do not have the same significance as reviews of judicial practice compiled by the courts, but they still provide an opportunity to take preventive measures.

Acting proactively, the department creates departments involved in control, for example, in the field of land. Inspections are being carried out, including based on citizen complaints, and lawsuits are being filed in the courts.

By order, you can pay attention to any area of life without creating special units.

Responsibilities and rights of the prosecutor

The rights and responsibilities of the prosecutor are divided into general and special.
By general we mean:

conscientious disposal of rights;
respectful attitude towards the court;
maintaining order in the meeting room;
attendance at summons hearings;
advance notification of the reasons for non-appearance, presentation of evidence.

Additional duties and rights are established by Order of the Prosecutor General's Office of the Russian Federation dated July 10, 2017 No. 475, and apply only to prosecutors:

participate in proceedings in the courts of the first, cassation, appeal, and supervisory stages;
qualitatively prepare and send applications for compensation to the court;
engage in civil disputes at any stage;
give opinions on cases in which the involvement of a state prosecutor is mandatory;
support applications in courts;
participate in the consideration of cases of particular importance for the protection of the interests and rights of citizens;
send written opinions on cases considered under summary proceedings, after approval by the head of the prosecutor's office;
study the case materials, analyze legislation and judicial practice before the start of the meeting;
promptly protest illegal and unfounded decisions and resolutions;
submit objections to incoming applications and complaints.

Important! Despite the fact that the state prosecutor is vested with all the rights and obligations of the plaintiff when filing an application with the court, he does not act as a party to the proceedings or a human rights defender. At the meeting, he ensures the legal consideration and resolution of cases and gives an opinion.

What is the cost?

In the modern world, cost is a fundamental economic category, into which many experts attach different meanings. At the same time, their content is not distorted; there are only certain additions that indicate its functions in the modern market.

Cost is not a price; these two categories cannot be equated to each other, since they have absolutely different content. So, it should be understood that cost ≠ price. This is most important for understanding value as an economic indicator of the modern market.

Cost is the foundation of quantitative relationships when buying and selling objects between certain entities. When considering this definition, it is clear that cost is a certain basis for the relationships that arise when performing transactions with goods and services. The subjects in this case are the participants in the legal relations of purchase and sale, that is, they are understood as the seller and buyer of a certain product. The object can be a product or a service that is provided for a certain equivalent. As a rule, the equivalent is financial resources, that is, the company sells a certain product or service on the market, in return for which it receives income in the form of money. The opposite entity, which is the buyer, purchases a product or service for an agreed upon financial amount.

Thus, cost is a necessary indicator in carrying out financial transactions in the framework of the purchase and sale of certain goods.

It is important that the price on the market always varies depending on the economic situation. At the moment, economic theory has fully studied this economic category.

When studying value as an economic concept, it is necessary to take into account that value has significant differences from price. At the same time, in colloquial speech the population often confuses these two concepts, without having a full understanding of them.

Goals and objectives of the state prosecutor at trial

The purpose of the participation of the state prosecutor in the proceedings is to ensure the legality of the actions of all citizens and other persons related to the case: plaintiff, defendant, experts, witnesses, judge, presiding officer, session secretary, etc.

The list of tasks includes:

ensuring respect for the rights and interests of citizens;
strengthening and ensuring the unity of the rule of law;
control over compliance with legislative acts;
protection of the rights and interests of the state and society protected by laws.

Thus, the prosecutor is an independent link, occupying an independent position. His only task is to ensure the rule of law, for which he has the right to carry out any procedural actions, and, if necessary, appeal decisions through higher authorities.

Prices for goods in M.Video?

M.Video is currently one of the large companies that sells equipment to the population.

M.Video is a public joint stock company, a federal trading network that sells electronics and technical devices.

The organization has enormous performance. Thus, statistics for 2020 show that this company was the leader in the Russian Federation in terms of the volume of goods sold via the Internet.

The company has been on the market since 1993. Since then, it has received enormous development and expanded to the federal level.

Prices for equipment in these stores are standard and quite affordable for the average citizen of Russia. The organization sells to the population a lot of household appliances that every person needs.

Prices in stores are practically no different from prices for equipment in other retail outlets in Russia. Almost constantly, the company pleases its customers with large discounts on household appliances, which can actually be purchased at a reduced cost, unlike products from their competitors. Moreover, stores provide a profitable bonus program, according to which regular customers receive double discounts, which make it possible to significantly save money.

Protesting decisions by the prosecutor

The activities of prosecutors are regulated by Federal Law No. 2202-1 dated January 17, 1992, according to which the state prosecutor or his deputy has the right to file private or cassation protests with higher judicial authorities.

The reasons for this may be the following:

incorrect interpretation of legal norms by the court;
significant violation of substantive or procedural law;
drawing up a decision, determination or resolution without complying with legislative acts.

If the decision has not entered into force, a cassation protest is sent. Determinations are challenged by filing a private protest.

Note! The Prosecutor General and his deputies have the right to appeal decisions through any cassation courts. Prosecutors of regions, republics, and other constituent entities of the Russian Federation can appeal to a maximum of the presidiums of the Supreme Court of their regions.

Sample protest

The protest is conditionally divided into several parts according to content:

Introductory: name and address of the court, full name. parties to the proceedings, summary of the decision.
Descriptive: justification for the protest with references to the legislation that was violated by the court when making its decision.
Resolution: references to laws and the prosecutor’s demand to cancel or partially change the decision.

At the end, the signature of the prosecutor must be placed.

Sample petition for filing a supervisory protest against court decisions in a civil case:

Article 37 of the Code of Criminal Procedure of the Russian Federation. Prosecutor (current edition)

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Conclusion on the draft Federal Law N 401900-4 “On Amendments to the Criminal Procedure Code of the Russian Federation and the Federal Law “On the Prosecutor's Office of the Russian Federation”, introduced by deputies of the State Duma. State Duma Committee on Constitutional Legislation and State Building. By order of the Council of the State Duma of March 6, 2007 (Minutes No. 225, paragraph 126) // Law (online magazine of the Primorye Lawyers Association): https://www.law.vl.ru/articles/showart.php?id =15065.

About the Investigative Committee under the Russian Prosecutor's Office. Analytical report of the Public Verdict Foundation // https://control.hro.org/okno/pr/2007/06/28.php.

As a result of these changes, the structure of the Russian criminal process is changing significantly. I would like to hope that our preliminary investigation will retreat one more step from the morally outdated inquisitorial model of the process due to the fact that now, until the indictment is approved, the prosecutor has not yet become a criminal prosecutor in the full sense of the word and is therefore, to some extent, capable of acting as an arbiter between the prosecution and defense, taking measures to eliminate violations committed by investigators. However, this division of functions is not yet entirely consistent and half-hearted. Nevertheless, the prosecutor's office, which has historically developed specifically as a criminal prosecution body, will always be much closer to the interests of the investigation than the role of an impartial arbiter in a dispute between the parties. The procedural judicial function, characteristic of the adversarial process, is replaced here by an essentially borrowed, state-legal function of prosecutorial supervision, which remains external to the criminal process. The issue can finally be resolved in an adversarial manner only when an independent and impartial judicial body—the investigating judge—is placed between the criminal prosecutor and the defense during the preliminary investigation. In this sense, the prosecutor and the investigative body in the future should change places: the prosecutor should return to the more natural role for him of the head of the criminal prosecution, having in his full procedural subordination the bodies of inquiry, and the investigative body should carry out - mainly at the request of the prosecution and defense parties — investigative actions to legalize materials collected by the parties as judicial evidence, as well as exercise judicial control over measures of procedural coercion and compliance by criminal prosecution authorities with the rights of citizens. It is according to this or a similar model that the preliminary investigation is organized in the procedural systems of Spain, Germany, England, the USA, France, etc.

3. The supervisory function of the prosecutor is specified in the following powers:

1) verify compliance with the requirements of federal law when receiving, registering and resolving reports of crimes (clause 1, part 2, article 37);

2) cancel the decision to initiate a criminal case if the prosecutor recognizes the decision to initiate a criminal case as illegal or unfounded (Part 4 of Article 146). It seems that the prosecutor, when exercising this power, should have the opportunity to request the materials of the pre-investigation check, study them and only after that make an informed and motivated decision. One decision to initiate a criminal case contains only brief information about the event in respect of which a criminal case is being initiated, and does not include a description of evidence and other information indicating the presence (or absence) of grounds for initiating a case. See also comment. to Art. 146;

3) give consent to the investigator to initiate a criminal case, which in other cases would be classified as a private prosecution, i.e. if a crime is committed against a person who, due to a dependent or helpless state or for other reasons, cannot defend his rights and legitimate interests (part 4 of article 20, part 4 of article 147, part 3 of article 318);

4) demand from the bodies of inquiry and investigative bodies the elimination of violations of federal legislation committed during the inquiry or preliminary investigation (clause 3, part 2, article 37). It should be noted that this power of the prosecutor is supported in the Code of Criminal Procedure by the norm that the demands, instructions and requests of the prosecutor presented within the powers established by this Code are mandatory for execution by all institutions, enterprises, organizations, officials and citizens (Part 4 of Art. 21). However, the obligatory nature of the prosecutor’s motivated demands only extends to familiarization for the purpose of verification with the materials of the criminal case held by the investigator, the head of the investigation department (Part 2.1 of the commented article). In addition, in paragraph 1.2 of the Order of the Prosecutor General of the Russian Federation dated September 10, 2007 N 140 “On the organization of prosecutorial supervision over the implementation of laws when receiving, registering and resolving reports of crimes in the bodies of inquiry and preliminary investigation”, it is prescribed to the prosecutor when exercising supervision, guided by Art. . 22 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, summon officials of the bodies of inquiry and preliminary investigation, as well as citizens for explanations regarding violations of laws.

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Official website of the Prosecutor General's Office of Russia: https://genproc.gov.ru/ru/documents/orders/print.shtml?item_id=66.

However, it must be borne in mind that the requirement of the prosecutor (with the exception of the Prosecutor General of the Russian Federation - Part 6 of Article 37) to eliminate violations of federal legislation itself is not strictly obligatory for the investigator, since according to Part 3 of Art. 38, if an investigator disagrees with the prosecutor’s demands to eliminate violations of the law, he may submit his written objections to the head of the investigation. The head of the investigation department considers these demands of the prosecutor, as well as the written objections of the investigator and gives the latter written instructions on the fulfillment of these requirements or informs the prosecutor of disagreement with his demands (Part 4 of Article 39);

5) cancel illegal or unfounded decisions of a lower-ranking prosecutor, as well as illegal or unfounded decisions of an inquiry officer in the manner established by this Code (clause 6, part 2, article 37). As for illegal or unfounded decisions of the investigator, only the head of the investigator has the right to cancel them (clause 2, part 1, article 39);

6) consider the investigator’s information about disagreement with the demands of the (lower) prosecutor and make a decision on it (clause 7, part 2, article 37);

7) give consent to the investigator to initiate a petition before the court to select, cancel or change a preventive measure or to perform another procedural action that is allowed on the basis of a court decision (clause 5, part 2, article 37);

participate in court hearings when considering during pre-trial proceedings issues on the selection of a preventive measure in the form of detention, on extending the period of detention or on the abolition or change of this preventive measure, as well as when considering petitions for other procedural actions that are allowed in on the basis of a court decision, and when considering complaints in the manner established by Article 125 of this Code (clause 8, part 2, article 37). It should be noted that in Part 6 of Art. 108 retains the provision according to which the prosecutor or, on his instructions, the person who filed the petition substantiates it at the court hearing. In our opinion, this norm needs a restrictive interpretation if the person who filed the petition is an investigator. In accordance with Federal Law No. 87-FZ of June 5, 2007, the prosecutor lost the authority to give the investigator consent to file a petition with the court to select detention as a preventive measure. Accordingly, the prosecutor does not first study the petition and the materials attached to it, which means it is illogical to impose on him the obligation to substantiate this petition in court. Moreover, the giving of such an order by the prosecutor to the investigator contradicts the meaning of the said Law on the separation of prosecutorial and investigative functions. By justifying during pre-trial preparation the expediency of applying a preventive measure to the accused, the prosecutor prematurely begins to take an active part in performing the function of criminal prosecution - to the detriment of the function of supervision. In this regard, it seems that not only the prosecutor, but also the investigator must necessarily participate in the court hearing on these issues, and it is the investigator who must substantiate the petition, while the prosecutor is called upon to exercise supervision over the legality of the actions and petitions of the investigator (clause 3, part 2; Part 6 of Article 37), and, if necessary, respond with a submission to the court decision (Clause 27 of Article 5);

9) determine the jurisdiction of criminal cases in cases provided for in Part 3 of Art. 146; part 8 art. 151. Before the adoption of Federal Law No. 87-FZ of June 5, 2007, the transfer of a case under jurisdiction from one investigative body to another was always carried out by order of the prosecutor. The said Law provided that in a number of cases the case is transferred through the head of the investigation team (Parts 3, 5, Article 152; Clause 3, Article 149; Article 155; Part 3, Article 157; Part 1.1, Article 319 ). Taking into account the interpretation of these rules in conjunction with the powers of the investigative bodies (Articles 37 - 41), it should be recognized that a criminal case is transferred according to jurisdiction by the investigator through the head of the investigation (who then has the right to forward it to the prosecutor), and by the interrogating officer or the inquiry body - through the prosecutor . Disputes about jurisdiction are resolved by the prosecutor (Part 8 of Article 151);

10) receive notifications from the preliminary investigation authorities:

— to initiate a criminal case (part 4 of article 146);

- refusal to initiate a criminal case (part 4 of article 148);

- about the detention of the suspect within 12 hours from the moment of detention (Part 3 of Article 92);

- on the release of the suspect, when the judge’s decision to apply a preventive measure to the suspect in the form of detention or extension of the period of detention is not received within 48 hours from the moment of detention (Part 3 of Article 94);

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Such notification is sent by the head of the place where the suspect is being held.

- on the sending by the investigator of a notification of suspicion of a person of committing a crime, and a copy of this notification is sent to the prosecutor (Part 3 of Article 223.1);

- on the urgent implementation of a number of investigative actions (inspection of a home, search and seizure of a home, personal search, as well as seizure of property specified in Part 1 of Article 104.1 of the Criminal Code), limiting the constitutional rights of citizens (Part 5 of Article 165) , as well as the abolition of the seizure of correspondence (Part 6 of Article 185);

— on suspension of the preliminary investigation (Part 2 of Article 208);

— on the resumption of the preliminary investigation (Part 3 of Article 211);

— on termination of the criminal case (Part 1 of Article 213);

11) allow challenges filed by the participants in the process to the investigator, as well as his self-challenges (clause 9, part 2, article 37);

12) remove the investigator from further investigation if he has violated the requirements of this Code (clause 10, part 2, article 37);

13) transfer a criminal case from one preliminary investigation body to another (except for the transfer of a criminal case within the system of one preliminary investigation body) in accordance with the rules of jurisdiction established by Art. 151 (clause 12, part 2, article 37);

14) give written instructions on the transfer of criminal cases, usually under investigation by the investigative bodies (clause 1, part 3, article 150), for preliminary investigation (part 4, article 150);

15) give written instructions to the bodies of inquiry on the conduct of inquiries in criminal cases about other (in addition to those specified in clause 1, part 3, article 150) crimes of minor and medium gravity (clause 2, part 3, article 150). This power, in our opinion, should be interpreted restrictively, because the prosecutor is not vested with the right to give instructions to the investigator to transfer the case to the interrogating officer. The prosecutor's instructions to the investigator are provided for by law only for three cases: a) when he demands that the inquiry bodies and investigative bodies eliminate violations of federal legislation committed during the inquiry or preliminary investigation (clause 3, part 2, article 37); b) when the prosecutor returns the criminal case to the investigator for additional investigation in order to eliminate the identified shortcomings of the investigation (clause 2, part 1, article 221); c) when the prosecutor resolves a dispute about jurisdiction (Part 8 of Article 151). There is no talk here of violations of the law or the elimination of identified deficiencies; There is also no dispute about jurisdiction in this case, since what is meant is only the discretionary power of the prosecutor to determine the form of the preliminary investigation. Thus, the prosecutor can practically exercise his right to redistribute the investigation in favor of the investigative bodies in criminal cases of “other crimes of minor and medium gravity” (in the absence of disputes about jurisdiction), unless the case is not yet under investigation by the investigator, namely: a ) when the prosecutor makes a reasoned decision to send materials to the inquiry body to resolve the issue of criminal prosecution based on violations of criminal law identified by the prosecutor (clause 2, part 2, article 37); b) upon completion of urgent investigative actions by the body of inquiry in cases in which the conduct of a preliminary investigation in another case would be mandatory (Article 157). However, this is also impossible when the inquiry must be carried out by investigators of the Investigative Committee at the Prosecutor's Office of the Russian Federation for criminal cases of crimes provided for in the entire Part 3 of Art. 150, committed by the persons specified in subparagraph. “b” and “c” of paragraph 1, part 2, art. 151 (clause 7, part 3, article 151);

16) withdraw any criminal case from the preliminary investigation body of the federal executive body (under the federal executive body) and transfer it to the investigator of the Investigative Committee at the Prosecutor's Office of the Russian Federation with the obligatory indication of the grounds for such transfer (clause 12, part 2, article 37). It seems that, taking into account the redistribution of powers to manage the preliminary investigation in favor of the heads of investigative units, the grounds for such a transfer can now only be violations that fall under the scope of prosecutorial supervision (the subject of which is the legality, but not the expediency of the actions of the investigator) over compliance with the law: gross violations by the investigator of the authority preliminary investigation by the federal executive body of legal norms; the investigator’s refusal to comply with the prosecutor’s demands to eliminate violations of the law committed during the preliminary investigation, etc. It may seem that this power to a certain extent conflicts with another method of prosecutorial response provided for in Part 6 of the commented article, when if the head of the investigation department or the investigator disagrees with the prosecutor’s demands to eliminate violations of federal legislation committed during the preliminary investigation, the prosecutor has the right to appeal a requirement to eliminate these violations to the heads of higher-level investigation agencies, and in case of their refusal - to the Prosecutor General of the Russian Federation, whose decision is final. However, it is noteworthy that Part 6 of this article refers specifically to the right of the prosecutor to make demands to eliminate violations of the law at the instance. In our opinion, this means that the prosecutor, depending on the specific situation, can choose any method of responding to violations of law provided to him by law, such as: appealing the actions of the investigator to senior management, or not approving the indictment and instructing the investigator to conduct an additional investigation with taking into account the demands of the prosecutor to comply with the law, or, finally, withdraw the criminal case from the preliminary investigation body of the federal executive body (under the federal executive body) and transfer it to the investigator of the Investigative Committee at the Prosecutor's Office of the Russian Federation;

17) having established that the investigator violated the requirements of Part 5 of Art. 109 of the Code, and the deadline for keeping the accused in custody has expired, cancel this preventive measure (Part 2 of Article 221);

18) give the investigator consent to petition the court to transfer the person in custody to a psychiatric hospital (Part 1 of Article 435);

19) recognize as inadmissible evidence obtained in violation of the requirements of the Code of Criminal Procedure and federal laws (parts 2, 3 of Article 88). See paragraph 2 of the comment. to Art. 88;

20) make a decision on sending the criminal case to a higher prosecutor for approval of the indictment, if it is within the jurisdiction of a higher court (clause 3, part 1, article 221);

21) accept the provisions provided for in Ch. 18 of the Code of Criminal Procedure measures for the rehabilitation of a person in cases of termination of a criminal case on the grounds provided for in paragraphs 1 and 2 of Part 1 of Art. 24 and paragraph 1, part 1, art. 27 (part 2 of article 212);

22) make supervisory submissions on the review of a sentence, ruling, or court decision that has entered into legal force (Article 402);

23) initiate proceedings due to new or newly discovered circumstances (Article 415);

24) consider complaints against the actions of the inquiry officer and investigator (Article 124).

4. In carrying out criminal prosecution, the prosecutor retained the following powers:

1) make a reasoned decision to send the relevant materials to the investigative body or the inquiry body to resolve the issue of criminal prosecution based on violations of criminal law identified by the prosecutor (clause 2, part 2, article 37);

2) recognizing the investigator’s refusal to initiate a criminal case as illegal or unfounded, issue a reasoned resolution to send the relevant materials to the head of the investigation department to resolve the issue of canceling the decision to refuse to initiate a criminal case (Part 6 of Article 148);

3) recognizing the decision of the body of inquiry, the interrogator on the refusal to initiate a criminal case as illegal or unfounded, cancel it and send the corresponding resolution to the head of the body of inquiry with his instructions (Part 6 of Article 148);

4) give the investigator written instructions on the direction of the investigation and the conduct of procedural actions. At the same time, the prosecutor’s instructions are now given not to the body of inquiry, but directly to the interrogating officer. Noteworthy is the fact that, unlike the previous version of this article, the powers of the prosecutor in the Code of Criminal Procedure no longer include the right to give instructions to the investigative bodies to conduct operational investigative activities (clause 4, part 2, article 37). At the same time, part 3 of Art. 7 of the Federal Law “On Operational-Investigative Activities” retains the rule that the prosecutor can give written instructions to the inquiry body to carry out operational-investigative activities in criminal cases pending before it. We believe that priority belongs to the regulation contained in the Code of Criminal Procedure of the Russian Federation, since it no longer provides for the prosecutor to accept criminal cases for his proceedings.

The prosecutor also has the right to give written instructions on the conduct of an inquiry in criminal cases about other crimes of minor and medium gravity in addition to those that are classified by law as the jurisdiction of the inquiry, clause 1, part 3, art. 150 (clause 2, part 3, article 150);

5) agree to not notify the relatives of the suspect about his detention if it is necessary to keep the fact of detention secret in the interests of the preliminary investigation (Part 4 of Article 96). It should be said that this authority sounds a certain dissonance from the point of view of the idea of separation of the functions of investigation (investigation) and prosecutorial supervision. Supervision, the subject of which is the prosecutor before the confirmation of the indictment, by definition should strive to be as impartial as possible, therefore it should not be guided by the interests of the preliminary investigation, i.e. in this context - the interests of the party to the criminal prosecution. This power is more appropriate when conducting an investigation in the form of an inquiry;

6) withdraw any criminal case from the investigative body and transfer it to the investigator with the obligatory indication of the grounds for such transfer (clause 11, part 2, article 37). Usually such a need is due to the impossibility of completing the inquiry within the established Art. 223 of the Code of Criminal Procedure, the term or the increased complexity or importance of the case, when transferring it to the investigator will help improve the quality and efficiency of the investigation. The transfer of the case to the investigator may also be due to the fact that the inquiry is carried out on a significant number of crimes, and the number of investigators in certain areas is small. However, the need for transfer may also arise if the case under investigation by the investigator is actually being investigated by the investigative body and the prosecutor restores legal order by transferring it to the investigator. In the latter case, we are talking about the prosecutor performing a supervisory function.

It is necessary to point out the conflict of legislative norms relating to the prosecutorial powers in question. Thus, Federal Law No. 90-FZ of June 6, 2007 “On Amendments to the Criminal Procedure Code of the Russian Federation” in paragraph 8 of Part 2 of Art. 37 of the Code of Criminal Procedure, it was decided to make an amendment - to secure for the prosecutor the right to seize any criminal case for transfer to an investigator, not only from the investigative body, but also directly from the interrogating officer. However, this change was not included in the official text of the Code of Criminal Procedure, although it was not formally canceled by anyone. The fact is that the earlier Federal Law of June 5, 2007 N 87-FZ “On Amendments to the Criminal Procedure Code of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation” gave a new version of Art. 37, in which the point relating to the seizure of the case from the investigative body was no longer presented under number 8, but under number 11; the change concerning the prosecutor’s seizure of the case not only from the investigating agency, but also from the interrogating officer, was generally absent. The later Federal Law No. 90-FZ of June 6, 2007 erroneously introduced this change as before in paragraph 8 of Art. 37, in which, after the amendments made by Federal Law No. 87-FZ of June 5, 2007, we were already talking about a completely different power of the prosecutor (namely, his right to participate in court hearings when considering issues of choosing a preventive measure in the form of detention ). Here, the law enforcer is faced with an extremely rare case when he is allowed to resort to a corrective (corrective) interpretation of a legal norm, which cannot be applied due to an obvious technical error of the legislator. Despite the fact that the Federal Law of June 6, 2007 N 90-FZ has priority over the Federal Law of June 5, 2007 N 87-FZ as a later legal act, it essentially makes a change to something that does not already exist in this place (clause) of the law provision, and therefore cannot be applied in this part. Consequently, the prosecutor’s authority to seize the case directly from the investigator cannot be used at the moment. Obviously, the legislator must correct this inaccuracy by introducing clause 2 of Art. 1 Federal Law of June 6, 2007 N 90-FZ corresponding correction (replace the words “clause 8” with “clause 11”). It must be said that the very possibility of withdrawing a case directly from the interrogating officer, bypassing the inquiry body, in some situations may be important for the prosecutor - for example, when the transfer of the case on the spot, directly from the inquiry officer to the investigator, is caused by an urgent need, and the inquiry body is geographically remote and correspondence with him will take too much time;

7) approve the decision of the investigator to terminate the criminal proceedings (clause 13, part 2, article 37). This power was introduced by Federal Law No. 87-FZ of June 5, 2007. There is uncertainty as to whether the specified authority of the prosecutor extends to dismiss the case on all grounds or only on the grounds provided for in Art. Art. 25, 28, 427 Code of Criminal Procedure. In the three named cases, the law specifically requires the consent of the prosecutor to terminate the case by the interrogating officer. According to clause 41.1 of Art. 5 consent is, among other things, permission to make a procedural decision. Such permission is equivalent to approval of the resolution. It seems that the Federal Law of June 5, 2007 only brought the contents of Art. 37 from Art. Art. 25, 28, 427. Therefore, the extension of these special rules to all other cases of termination of the case would be unjustified. In addition, in accordance with Part 1 of Art. 214, the prosecutor, having recognized the decision of the investigator to terminate the criminal case or criminal prosecution as illegal or unfounded, cancels it and resumes the criminal proceedings. If the prosecutor had previously approved every decision of the investigator to terminate the case, then his authority to cancel the decision previously approved by him would mean the right to cancel his own decisions. However, this does not agree with paragraph 6 of Part 2 of Art. 37, according to the meaning of which only a higher prosecutor can cancel illegal or unfounded decisions of a lower-ranking prosecutor. If we assume that the decision of the investigator to terminate the proceedings in a criminal case is approved by one prosecutor (for example, a district prosecutor), and can be canceled by another, higher one (of a subject of the Federation or his deputy), then the burden on higher prosecutors in checking the materials of criminal cases and making decisions will be too large and they are unlikely to be able to practically implement such a power.

Thus, this norm should be interpreted restrictively: the prosecutor’s authority to approve the investigator’s decision to terminate criminal proceedings applies only to those cases where obtaining the prosecutor’s consent is expressly provided for in the norm establishing the conditions for terminating the case on one or another basis. This is precisely the instruction contained in clause 20 of the Order of the Prosecutor General of the Russian Federation dated September 6, 2007 N 137 “On the organization of prosecutorial supervision over the procedural activities of investigative bodies”;

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See: https://genproc.gov.ru/ru/documents/orders/print.shtml?item_id=65.

approve an indictment or indictment in a criminal case (clause 14, part 2, article 37, clause 1, part 1, article 221);

9) return the criminal case to the inquirer or investigator with his written instructions to conduct an additional investigation, to change the scope of the charge or qualification of the actions of the accused, or to re-draft the indictment or indictment and eliminate the identified deficiencies (clause 15, part 2, article 37, clause 2 part 1 article 221). See comment. to Art. 221;

10) submit, through the General Prosecutor's Office of the Russian Federation, a request for interrogation, inspection, seizure, search, forensic examination or other procedural actions provided for by the Code of Criminal Procedure of the Russian Federation on the territory of a foreign state, by bodies of a foreign state in accordance with an international treaty of the Russian Federation, an international agreement or on the basis of the principle of reciprocity (Part 1, Article 453);

11) execute requests for procedural actions submitted in the prescribed manner, received from the relevant competent authorities and officials of foreign states, in accordance with international treaties of the Russian Federation, international agreements or on the basis of the principle of reciprocity (Part 1 of Article 457). See comment. to Art. 457;

12) make decisions on the issue of sending the materials of an initiated and investigated criminal case on the commission of a crime on the territory of the Russian Federation by a foreign citizen who subsequently found himself outside its borders, and the impossibility of carrying out procedural actions with his participation on the territory of the Russian Federation to the competent authorities of a foreign state for criminal prosecution. This authority belongs only to the Prosecutor General's Office of the Russian Federation (Article 458). See comment. to Art. 458;

13) make decisions on requests from competent authorities of foreign states on the criminal prosecution of citizens of the Russian Federation who have committed a crime on the territory of a foreign state and returned to the Russian Federation. This is also the prerogative of only the Prosecutor General’s Office of the Russian Federation (Part 1 of Article 459). See comment. to Art. 459;

14) make decisions on sending to the relevant competent authority of a foreign state a request for the extradition of a person located on the territory of that state. This power is exercised only by the Prosecutor General's Office of the Russian Federation (Part 3 of Article 460). See comment. to Art. 460;

15) make decisions on requests for the extradition of a foreign citizen or stateless person located on the territory of the Russian Federation, accused of committing a crime or convicted by a court of a foreign state. Only the Prosecutor General of the Russian Federation or his deputy has the right to resolve this issue (Parts 4, 7, Article 462, Article 465);

16) send to the court materials confirming the legality and validity of the decision to extradite a person in the event of an appeal to the court of this decision (Part 3 of Article 463);

17) make decisions on the issue of choosing a preventive measure in the manner prescribed by this Code, in order to ensure the possibility of extraditing a person upon receipt of a request for the extradition of a person from a foreign state, if a decision of the judicial authority on choosing a preventive measure in relation to this person has not been submitted in the form of detention (Part 1 of Article 466). See comment. to Art. 466;

18) subject the person in respect of whom a request for extradition has been received to house arrest or take him into custody without confirmation of the said decision by a court of the Russian Federation, if the request is accompanied by a decision of a judicial authority of a foreign state to take the person into custody (Part 2 of Article 466);

19) send a criminal case to court after approval of the indictment (act); hand over copies of the indictment (act) with attachments to the accused, as well as to the defense attorney and the victim, if they request this (Articles 222, 226);

20) support the state prosecution and be the subject of evidence (part 1 of article 86) during judicial proceedings in a criminal case (part 3 of article 37). It should be noted that, in the literal sense of Part 5 of the commented article, the powers of the prosecutor are exercised in criminal proceedings only by district, city prosecutors, their deputies, equivalent prosecutors and superior prosecutors. At the same time, according to paragraph 31 of Art. 5 of the Code of Criminal Procedure, the concept of a prosecutor in criminal proceedings covers: the Prosecutor General of the Russian Federation and the prosecutors subordinate to him, their deputies and other officials of the prosecutor's office participating in criminal proceedings and vested with appropriate powers by the federal law on the prosecutor's office. However, the Federal Law “On the Prosecutor’s Office of the Russian Federation” does not currently contain any list of officials of the prosecutor’s office empowered specifically to participate in criminal proceedings. Thus, if we proceed from the literal interpretation of these norms, assistant prosecutors at all levels cannot exercise the powers provided for in the commented article, including supporting the state prosecution in court. The same should be said about prosecutors of departments and departments, heads of departments of prosecutor's offices of cities and districts. Therefore, the Federal Law “On the Prosecutor’s Office of the Russian Federation” needs to be urgently supplemented with a list of officials of the prosecutor’s office empowered to participate in criminal proceedings;

21) enter into a criminal case of private prosecution (Part 4 of Article 318). According to Part 4 of Art. 321 state prosecutor supports the charge in a court session only when the investigator, as well as with the consent of the prosecutor, the inquiring officer initiates a criminal case for any crime specified in Parts 2 and 3 of Art. 20, if this crime is committed against a person who, due to a dependent or helpless state or for other reasons, cannot defend his rights and legitimate interests. Based on this, we can come to the conclusion that the prosecutor’s entry into a private prosecution case should not be considered his initiation of such a case, but only his support of the state prosecution in court in the cases mentioned above;

22) make appeals and cassation submissions against decisions of the courts of first and appellate instances that have not entered into legal force (Article 354);

23) extend the period of inquiry (Article 223);

24) extend the period for verification by the investigator of a crime report to 30 days if it is necessary to conduct documentary checks or audits (Part 3 of Article 144);

25) according to clause 3, part 5, art. 439 of the Code of Criminal Procedure, the prosecutor retained the right to terminate a criminal case when considering the investigator’s decision to send the case to court for the application of a compulsory medical measure.

5. In clause 12, part 1, art. 448 preserved the authority of the prosecutor of a constituent entity of the Russian Federation to initiate a criminal case against a member of an election commission or a referendum commission with a decisive vote. At the same time, criminal cases against a voting member of the Central Election Commission of the Russian Federation, the chairman of the election commission of a constituent entity of the Russian Federation are initiated by the chairman of the Investigative Committee at the Prosecutor's Office of the Russian Federation (as amended by the Federal Law of July 4, 2003 N 94-FZ and Federal Law dated June 5, 2007 N 87-FZ). This discrepancy can hardly be explained by any rational reasons and, apparently, is the result of a technical error of the legislator, but a change in the law is required to eliminate it.

Involvement of the prosecutor in the appellate court

Like the plaintiff, the state prosecutor has the right to appeal to the appellate court with a representation if he believes that the requirements have not been fully satisfied, and the interests of citizens or organizations are not properly protected (Article 320 of the Code of Civil Procedure of the Russian Federation).

You can challenge a decision on appeal before it enters into legal force. The period for appeal depends on the proceedings in which the case was heard. On average it is 1-2 months.

Sample appeal submission

The prosecutor's presentation must comply with the requirements established by Art. 322 Code of Civil Procedure of the Russian Federation. If the decision is challenged by the plaintiff or defendant, a complaint is filed, the content of which is similar to the presentation.

What should be included in the document:

the name of the court whose decision is being challenged;
details of the decision, date of adoption;
Full name, address, position of the person submitting the submission;
requirements;
list of submitted documents.

Additionally, in the submission you can submit petitions and leave contact information for further proceedings.

Reasons for returning a submission

The appellate court will return the submission to the state prosecutor and will not consider it if:

the requirements of the judge specified in the ruling on leaving the document without movement have not been fulfilled;
the period for appeal has expired;
withdrawal of the submission by the prosecutor.

Note! Protests and submissions are sent to the courts that made the contested decisions. After this, they are redirected to higher authorities.

Purchase and acquisition value?

The term purchase or acquisition cost is very important for the work of accountants who control the supply of necessary goods and resources for their production.

So, the purchase price is the cost of selling certain products without taking into account value added tax, which is mandatory when selling a product on the market. If there are necessary expenses for transport organizations that deliver certain purchased products, then expenses for them can be included in the purchase price.

This term has a synonym “discount price”; it is used most often.

The formation and all criteria of the purchase price are determined by the provisions of the following documents:

PBU 5/01 “Inventory accounting”.
PBU 6/01 “Accounting for fixed assets”.

These papers contain regulations by which the purchase price is calculated. Thus, the purchase price of a product may, if necessary, include the following criteria:

The price at which the product is purchased.
Fees and duties required to be paid when transporting purchased goods from other countries.
Taxes associated with the acquisition of an object that will not subsequently be reimbursed. As a rule, this article includes excise taxes and VAT.
Expenses on information services related to purchases of the property.
Expenses to pay for the services of companies that acted as intermediaries in the process of purchasing a particular product.
Expenses on transport services, insurance of necessary goods.
Overpayment on loans if they were taken out to purchase an object.
Expenses that were spent on bringing the object to the required condition for subsequent sale on the market.
Transportation costs, which include loading, weighing and storage of purchased items.
Other expenses that are necessary for the delivery and purchase of the object.

It is worth noting that the purchase price is not adjusted. As a rule, adjustments can only occur in cases where this is regulated by regulations.

How does Apple set prices for iPhones?

Apple has its own strategy for setting product prices. Thus, the following factors influence the price of a smartphone:

Smartphone production. These criteria include the costs of components and labor.
Company profit. This criterion includes expenses for the development of a new smartphone and software installation.
Packaging and subsequent delivery of smartphones. For example, if a person ordered delivery of a smartphone from China, then it will cost him a little less than buying the same smartphone in an official store in Russia. In the latter case, the organization spends a lot of money on transporting products.
Advertising. Apple spends huge amounts of money on its advertising strategy, which is reflected in the cost of the smartphone.
Markups and value added tax.

Thus, these criteria significantly influence the price that is finally set for Apple smartphones. The rise in prices for smartphones is due to the fact that every year the cost of the above indicators increases, which leads to an increase in product prices.

How much do medications cost at Apteka.ru?

Apteka.ru is currently the most popular pharmaceutical company that sells pharmacy products to the population. Its main advantage is that in this pharmacy the order is made remotely via the Internet. You can purchase the necessary medications either through the official website apteka.ru or by installing the application on your smartphone.

It is worth noting that the prices on this platform are a little high, which is most likely due to the costs of subsequent delivery of products to the nearest pharmacy, where it will be more convenient for a person to pick up his order. The same drugs and products can be bought a little cheaper in regular pharmacies. But, it is worth noting that on this platform there is a huge selection of necessary drugs and pharmaceutical cosmetics. As a rule, a standard pharmacy cannot provide such a selection of analogue drugs, since it is not profitable for it to spend money on transporting the drugs. When choosing analog products on apteka.ru, you can significantly save money, which is undoubtedly a huge plus for every person.