Appendix # 1
to the order of the Attorney General
Russian Federation
dated 17.03.2010 No. 114
Code of Ethics for the Prosecutor's Office of the Russian Federation
The successful implementation of the tasks facing the bodies and institutions of the Prosecutor's Office of the Russian Federation to ensure the rule of law, unity and strengthening the rule of law, the protection of human and civil rights and freedoms, as well as the interests of society and the state protected by law can be carried out only on the basis of high professionalism, honesty and incorruptibility of prosecutors , their independence and impartiality, the ability to resist any attempts to improperly influence the results of their official activities.
As representatives of the state, prosecutors should do their utmost to promote the spirit of legality and justice in society, preserve and enhance the historical and cultural traditions of the multinational people of the Russian Federation, while realizing the social significance of prosecutorial activities and the measure of responsibility to society and the state.
The purpose of this Code is to establish the rules of conduct for a prosecutor arising from this high rank, peculiarities of service in the bodies and institutions of the prosecutor's office of the Russian Federation and restrictions associated with prosecutorial activities.
1. A prosecutor's employee in official and non-official activities is obliged:
1.1. Strictly observe the Constitution of the Russian Federation, the Federal Law "On the Prosecutor's Office of the Russian Federation", federal constitutional laws and federal laws, as well as other regulatory legal acts, norms international law and international treaties of the Russian Federation, be guided by the rules of conduct established by this Code, the Oath of the Prosecutor (Investigator), and generally accepted norms of morality and ethics based on the principles of legality, justice, independence, objectivity, honesty and humanism.
1.2. Be guided by the principle of equality of citizens regardless of their gender, age, race, nationality, religion, property, occupation and other differences between them, without giving preference to any professional or social groups or public organizations.
1.3. Strive to maintain personal dignity in any situation, to be an example of behavior, decency and honesty in all spheres of public life.
1.4. Avoid personal and financial ties, conflict situations that can damage his honor and dignity, the reputation of the Prosecutor's Office of the Russian Federation.
1.5. Refrain from any action that may be regarded as providing protection to any person in order to acquire rights, release from duty or responsibility.
1.6. Prevent unlawful interference with the activities of organs state power and local government, commercial and non-profit organizations.
1.7. Constantly improve professional qualifications, general education and cultural level.
2. The rules of conduct of a prosecutor's employee in the implementation of
performance
2.1. In his official activity, a prosecutor's office worker:
2.1.1. Proceeds from the fact that the recognition, observance and protection of human and civil rights and freedoms determine the main meaning and content of his professional work.
2.1.2. Uncompromisingly fights against any violations of the law, no matter who committed them, timely accepts effective measures to protect the rights and freedoms of man and citizen protected by law, as well as the interests of society and the state, seeks to eliminate violations of the law and restore violated rights.
When considering the issue of the responsibility of persons who have committed violations of the law, the prosecutor's office worker is guided by the principles of justice and inevitability of responsibility, takes into account the nature and degree of public danger of the offense and data characterizing the personality of the offender.
2.1.3. Adheres to the general principles of official conduct of civil servants.
2.1.4. Complies with the prohibitions, restrictions and obligations established by the current legislation for civil servants.
2.1.5. Strives to be faithful to civic and official duty, to conscientiously fulfill the official duties assigned to him.
2.1.6. Informs the immediate supervisor about cases of making demands by anyone, making requests or proposals to commit an act contrary to the law or the rules of official conduct.
2.1.7. Uses official powers in a balanced and humane manner, refrains from actions that could raise doubts about the objective performance of official duties by the prosecutor.
2.1.8. Does not allow manifestations of bureaucracy, formalism, arrogance, disrespectful attitude to the legitimate requests and demands of citizens.
2.1.9. Does not allow his political and religious beliefs to influence decisions related to the performance of official duties.
2.1.10. Strives to be an example of respect for the court, contributes to the delivery of a lawful, well-grounded and fair court decision.
2.1.11. During the trial, the court refrains from actions that may be regarded as exerting undue influence on the process of administration of justice.
2.1.12. In relations with other participants in the trial, he observes the official business style, shows integrity, correctness, impartiality and respect for all participants in the court session.
2.1.13. In relations with representatives of state authorities, local self-government bodies, public associations, commercial and non-commercial organizations, he maintains independence, shows tact and respect, exactingness and adherence to principles.
2.1.14. Does not allow the demand from legal entities or individuals of information, the provision of which by these persons is not provided for by law.
2.1.15. Adheres to business style clothing, corresponding to the status of a civil servant, observes reasonable sufficiency in the use of cosmetics, jewelry and other adornments.
2.2. An employee of the prosecutor's office who has the powers of a leader in the system of bodies and institutions of the prosecutor's office:
2.2.1. Promotes the establishment and maintenance of a healthy moral and psychological climate in the team.
2.2.2. When determining the volume and nature of work, he is guided by the principles of fairness, taking into account personal and business qualities, qualifications and work experience of subordinate employees.
2.2.3. Does not allow unreasonable claims in relation to subordinate employees, as well as facts of rudeness and tactlessness.
2.2.4. Shows concern for subordinate employees, delves into their problems and needs, promotes legal decision-making, promotes professional and job growth of employees.
2.2.5. Provides support and assistance to young professionals (with work experience up to 3 years) in the acquisition of professional skills.
3. The relationship of prosecutors of the bodies and institutions of the prosecutor's office
3.1. The relationship between prosecutors should be based on the principles of comradely partnership, mutual respect and mutual assistance.
3.2. Criticism of shortcomings in work should be objective, balanced, principled and accepted with understanding by the employee to whom it is addressed.
3.3. It is not allowed to exert influence on one's colleagues in order to make an illegal and (or) unreasonable decision that is desirable for a prosecutor or other persons.
4. Basic rules of conduct for a prosecutor in off-duty activities
4. In off-duty activities, the prosecutor's office worker:
4.1. Follows the rules of the community, respects national and religious customs, cultural traditions, must be tactful, restrained and emotionally stable.
4.2. In the event of a clear violation of the law, of which he was an eyewitness, he takes all measures provided by law to suppress illegal actions and bring the perpetrators to justice.
4.3. Does not allow the use of his official position to influence the activities of any bodies, organizations, officials, civil servants and citizens in resolving issues, including those of a non-official nature, in which he is directly or indirectly interested.
4.4. Enjoy freedom of speech, religion, the right to participate in associations and associations, except as otherwise provided by law.
4.5. Participates in social activities if it does not harm the authority of the prosecutor's office of the Russian Federation and does not interfere with the performance of the prosecutor's professional duties by the prosecutor.
5. Liability of a prosecutor's employee for violation of the requirements of this Code
5.1. For violation of the provisions of this Code by the head of the prosecutor's office in person or, if necessary, in the presence of labor collective the prosecutor's office may be subject to following measures impact:
oral remark;
warning about the inadmissibility of unethical behavior;
a demand for a public apology.
5.2. A violation by a prosecutor's employee of the Code, expressed in the commission of a misdemeanor defaming the honor of a prosecutor's employee, is the basis for bringing him to disciplinary responsibility.
In order to establish the rules of conduct and standards of professional ethics of a prosecutor's employee in professional and off-duty activities, guided by Art. 17 of the Federal Law "On the Prosecutor's Office of the Russian Federation", I order:
1. To approve and put into effect the Code of Ethics of the Prosecutor's Office of the Russian Federation () and the Concept of educational work in the system of the Prosecutor's Office of the Russian Federation ().
2. The heads of the bodies and institutions of the prosecutor's office should proceed from the fact that the violation by the prosecutor's employee of the norms of ethics of the prosecutor's employee of the Russian Federation is taken into account when deciding on bringing him to disciplinary responsibility, and in the case when this violation was expressed in the commission of an offense defaming the honor of the prosecutor's employee, entails imposition of disciplinary action.
3. Work with personnel in the bodies and institutions of the prosecutor's office of the Russian Federation, taking into account the provisions of the ethics of the prosecutor's employee of the Russian Federation and in accordance with educational work in the system of the prosecutor's office of the Russian Federation.
4. First deputies and deputies of the Prosecutor General of the Russian Federation, Deputy Chairmen of the Investigative Committee under the Prosecutor's Office of the Russian Federation, heads of main directorates, directorates and departments of the Prosecutor General's Office of the Russian Federation, heads of main directorates and departments of the Investigative Committee under the Prosecutor's Office of the Russian Federation, prosecutors of constituent entities of the Russian Federation, cities and districts, other territorial, equivalent military prosecutors and prosecutors of other specialized prosecutor's offices, heads of investigative bodies of the Investigative Committee under the Prosecutor's Office of the Russian Federation for the constituent entities of the Russian Federation, districts and cities, other territorial, equated to them military and other specialized investigative bodies, heads of scientific and educational institutions of the prosecutor's office to organize the study of the ethics of the prosecutor's employee of the Russian Federation and educational work in the system of the prosecutor's office of the Russian Federation deration.
6. Control over the implementation of this order shall be entrusted to the first deputies and deputies of the Prosecutor General of the Russian Federation in accordance with the distribution of duties.
The order should be sent to the first deputies and deputies of the Prosecutor General of the Russian Federation, the Deputy Chairmen of the Investigative Committee under the Prosecutor's Office of the Russian Federation, the heads of the main directorates, departments and divisions of the Prosecutor General's Office of the Russian Federation, the rector of the Academy of the Prosecutor General's Office of the Russian Federation, the heads of the main departments and departments of the Investigative Committee under the Prosecutor's Office of the Russian Federation , prosecutors of constituent entities of the Russian Federation, cities and regions, other territorial, equivalent to them military prosecutors and prosecutors of other specialized prosecutor's offices, heads of investigative bodies of the Investigative Committee under the Prosecutor's Office of the Russian Federation for the constituent entities of the Russian Federation, districts and cities, other territorial, equated military and other specialized investigative bodies, which should bring its content to the attention of subordinate employees.
Code of Ethics for Prosecutors
Russian Federation
The successful implementation of the tasks facing the bodies and institutions of the Prosecutor's Office of the Russian Federation to ensure the rule of law, unity and strengthening the rule of law, the protection of human and civil rights and freedoms, as well as the interests of society and the state protected by law can be carried out only on the basis of high professionalism, honesty and incorruptibility of prosecutors , their independence and impartiality, the ability to resist any attempts to improperly influence the results of their official activities.
As representatives of the state, prosecutors should do their utmost to promote the spirit of legality and justice in society, preserve and enhance the historical and cultural traditions of the multinational people of the Russian Federation, while realizing the social significance of prosecutorial activities and the measure of responsibility to society and the state.
The purpose of this Code is to establish the rules of conduct for a prosecutor's employee arising from this high rank, the specifics of service in the bodies and institutions of the prosecutor's office of the Russian Federation and restrictions associated with prosecutorial activities.
1. General Provisions
1. A prosecutor's employee in official and non-official activities is obliged:
1.1. Strictly observe the Constitution of the Russian Federation, the Federal Law "On the Prosecutor's Office of the Russian Federation", federal constitutional laws and federal laws, as well as other regulatory legal acts, norms of international law and international treaties of the Russian Federation, be guided by the rules of conduct established by this Code, the Oath of the Prosecutor (investigator ), and generally accepted norms of morality and ethics, based on the principles of legality, justice, independence, objectivity, honesty and humanism.
1.2. Be guided by the principle of equality of citizens regardless of their gender, age, race, nationality, religion, property status, occupation and other differences between them, without giving preference to any professional or social groups or public organizations.
1.3. Strive to maintain personal dignity in any situation, to be an example of behavior, decency and honesty in all spheres of public life.
1.4. Avoid personal and financial ties, conflict situations that can damage his honor and dignity, the reputation of the Prosecutor's Office of the Russian Federation.
1.5. Refrain from any action that may be regarded as providing protection to any person in order to acquire rights, release from duty or responsibility.
1.6. Prevent unlawful interference in the activities of state and local government bodies, commercial and non-commercial organizations.
1.7. Constantly improve professional qualifications, general education and cultural level.
2. Rules of conduct of a prosecutor's employee in the performance of official activities
2.1. In his official activity, a prosecutor's office worker:
2.1.1. Proceeds from the fact that the recognition, observance and protection of human and civil rights and freedoms determine the main meaning and content of his professional work.
2.1.2. Irreconcilably fights against any violations of the law, whoever committed them, takes effective measures in a timely manner to protect the rights and freedoms of man and citizen protected by law, as well as the interests of society and the state, seeks to eliminate violations of the law and restore violated rights.
When considering the issue of the responsibility of persons who have committed violations of the law, the prosecutor's office worker is guided by the principles of justice and inevitability of responsibility, takes into account the nature and degree of public danger of the offense and data characterizing the personality of the offender.
2.1.3. Adheres to the general principles of official conduct of civil servants.
2.1.4. Complies with the prohibitions, restrictions and obligations established by the current legislation for civil servants.
2.1.5. Strives to be faithful to civic and official duty, to conscientiously fulfill the official duties assigned to him.
2.1.6. Informs the immediate supervisor about cases of making demands by anyone, making requests or proposals to commit an act contrary to the law or the rules of official conduct.
2.1.7. Uses official powers in a balanced and humane manner, refrains from actions that could raise doubts about the objective performance of official duties by the prosecutor.
2.1.8. Does not allow manifestations of bureaucracy, formalism, arrogance, disrespectful attitude to the legitimate requests and demands of citizens.
2.1.9. Does not allow his political and religious beliefs to influence decisions related to the performance of official duties.
2.1.10. Strives to be an example of respect for the court, contributes to the delivery of a lawful, well-grounded and fair court decision.
2.1.11. During the trial, the court refrains from actions that may be regarded as exerting undue influence on the process of administration of justice.
2.1.12. In relations with other participants in the trial, he observes the official business style, shows integrity, correctness, impartiality and respect for all participants in the court session.
2.1.13. In relations with representatives of state authorities, local self-government bodies, public associations, commercial and non-commercial organizations, he maintains independence, shows tact and respect, exactingness and adherence to principles.
2.1.14. Does not allow the demand from legal entities or individuals of information, the provision of which by these persons is not provided for by law.
2.1.15. Adheres to a business style of clothing that corresponds to the status of a civil servant, observes reasonable sufficiency in the use of cosmetics, jewelry and other adornments.
2.2. An employee of the prosecutor's office who has the powers of a leader in the system of bodies and institutions of the prosecutor's office:
2.2.1. Promotes the establishment and maintenance of a healthy moral and psychological climate in the team.
2.2.2. When determining the volume and nature of work, he is guided by the principles of fairness, taking into account personal and business qualities, qualifications and work experience of subordinate employees.
2.2.3. Does not allow unreasonable claims in relation to subordinate employees, as well as facts of rudeness and tactlessness.
2.2.4. Shows concern for subordinate employees, delves into their problems and needs, promotes legal decision-making, promotes professional and job growth of employees.
2.2.5. Provides support and assistance to young professionals (with work experience up to 3 years) in the acquisition of professional skills.
3. The relationship of prosecutors of the bodies and institutions of the prosecutor's office
3.1. The relationship between prosecutors should be based on the principles of comradely partnership, mutual respect and mutual assistance.
3.2. Criticism of shortcomings in work should be objective, balanced, principled and accepted with understanding by the employee to whom it is addressed.
3.3. It is not allowed to exert influence on one's colleagues in order to make an illegal and (or) unreasonable decision that is desirable for a prosecutor or other persons.
4. Basic rules of conduct for a prosecutor in off-duty activities
4. In off-duty activities, the prosecutor's office worker:
4.1. Follows the rules of the community, respects national and religious customs, cultural traditions, must be tactful, restrained and emotionally stable.
4.2. In the event of a clear violation of the law, of which he was an eyewitness, he takes all measures provided by law to suppress illegal actions and bring the perpetrators to justice.
4.3. Does not allow the use of his official position to influence the activities of any bodies, organizations, officials, civil servants and citizens in resolving issues, including those of a non-official nature, in which he is directly or indirectly interested.
4.4. Enjoy freedom of speech, religion, the right to participate in associations and associations, except as otherwise provided by law.
4.5. Participates in public activities, if it does not harm the authority of the prosecutor's office of the Russian Federation and does not interfere with the performance of the prosecutor's professional duties.
5. Liability of a prosecutor's employee for violation of the requirements of this Code
5.1. For violation of the provisions of this Code by the head of the prosecutor's office personally or, if necessary, in the presence of the labor collective, the following measures of influence may be applied to the prosecutor's employee:
oral remark;
warning about the inadmissibility of unethical behavior;
a demand for a public apology.
5.2. A violation by a prosecutor's employee of the Code, expressed in the commission of a misdemeanor defaming the honor of a prosecutor's employee, is the basis for bringing him to disciplinary responsibility.
6. Final provisions
6.1. Compliance by the prosecutor's employee with the norms of this Code is taken into account when carrying out certification, forming a personnel reserve for promotion to higher positions, as well as when imposing disciplinary sanctions.
6.2. This Code comes into force from the date of its approval. The Attorney General Russian Federation.
Concept
educational work in the system of the prosecutor's office of the Russian Federation
1. General Provisions
1.1. The concept of educational work in the system of the Prosecutor's Office of the Russian Federation (hereinafter - the Concept) includes a set of basic provisions governing the educational process as important condition increasing the efficiency of the bodies and institutions of the prosecutor's office to achieve the goals of ensuring the rule of law, unity and strengthening the rule of law, protecting human and civil rights and freedoms, as well as the interests of society and the state protected by law.
In this regard, educational work is a composite and integral element personnel policy bodies of the prosecutor's office of the Russian Federation, a reliable tool for its implementation.
1.2. Educational work is a complex of interrelated legal, organizational, economic, psychological and pedagogical measures to educate employees of the system of bodies and institutions of the Prosecutor's Office of the Russian Federation in the spirit of unswerving observance and protection of human and civil rights and freedoms, serving the interests of society and the state, fulfilling the requirements of the law and professional ethics of prosecutors.
1.3. The essence of educational work is determined by the specifics of the public service in the prosecutor's office, the role and place of the prosecution authorities in the system of state-legal institutions, the nature of the tasks assigned to them and the functions they perform.
1.4. Education is understood as the process of purposeful and systematic influence on the prosecutor's office worker in order to form the worldview and professional skills necessary to ensure the conscientious and effective performance of his official duties.
1.5. Legal basis of this Concept are the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, the Federal Law "On the Prosecutor's Office of the Russian Federation" and other federal laws, legal acts of the President of the Russian Federation and the Government of the Russian Federation, organizational and administrative documents of the Prosecutor General of the Russian Federation, ethics of the prosecutor's office employee of the Russian Federation.
2. The purpose and objectives of educational work
2.1. The purpose of educational work is to form in the employees of the bodies and institutions of the prosecutor's office of the Russian Federation legal awareness, a system of values and professionally significant personality traits necessary for the impeccable performance of official duties, maintaining the high authority of the prosecutor's office in society as a single federal centralized system of bodies exercising supervision on behalf of the Russian Federation compliance with the Constitution of the Russian Federation and the implementation of laws in force on the territory of the Russian Federation.
2.2. Its implementation requires the following main tasks:
the formation of an irreconcilable attitude among prosecutors towards crimes and other offenses, whoever committed them, education of prosecutors in the spirit of strict observance of the Constitution of the Russian Federation and laws, the Oath of the prosecutor (investigator), respect for the state symbols of the Russian Federation and the best traditions accumulated in the authorities the prosecutor's office for an almost 300-year period of activity;
the formation of the worldview and value system of prosecutors, as well as socially and professionally significant psychological and moral and moral qualities necessary for effective work, readiness to perform official tasks in any environment, the ability to overcome difficulties, unconditional observance of restrictions and prohibitions;
development in each employee of a positive motivation for work, a desire to constantly achieve high results in work, an attentive and respectful attitude towards citizens, an awareness of personal responsibility for the performance of official duties and tasks facing the prosecutor's office of the Russian Federation;
creation of conditions for the most complete professional self-realization of employees of bodies and institutions of the prosecutor's office, the development of their abilities and creative potential, constant spiritual and physical improvement, maintaining a healthy lifestyle, caring for family and children;
the development of a general culture, as well as an increase in the culture of speech in professional and non-official activities;
preservation and enhancement of the traditions of Russian statehood, spiritual and moral heritage and cultural heritage of the Russian Federation, respect for the historical past of the Russian prosecutor's office;
prevention of professional deformation.
3. Basic principles and directions of educational work in the bodies and institutions of the prosecutor's office
3.1. The fundamental principles of educational work include:
legality;
scientific validity;
consistency, continuity and obligation of the educational process;
the variety of forms, methods and means used to ensure the effectiveness of education;
an individual approach to the formation and development of the necessary business and personal qualities among employees of the bodies and institutions of the prosecutor's office;
objectivity in assessing the activities of employees of bodies and institutions of the prosecutor's office, exactingness, fairness, mutual understanding, comradely support and mutual assistance.
3.2. The implementation of these principles is designed to ensure the improvement of the educational process in the Prosecutor's Office of the Russian Federation in the following main areas:
1) professional - the formation of a conscientious and responsible attitude to official duties, striving for the fullest realization of abilities and professional qualities in the interest of successful implementation official duties.
This direction includes the formation of positive motivation for work, the specification of the goals and objectives of official activities, the self-realization of the individual in the process of professional activity, the focus on achieving high results in work, the ability, within its competence, to effectively fulfill the requirements of the legislation of the Russian Federation and achieve specific results, the ability to predict and implement plans their professional growth;
2) historical and patriotic - awareness of the originality of the Fatherland, personal responsibility for its fate; loyalty to the traditions of the Russian prosecutor's office for the protection of human and civil rights and freedoms, serving the rule of law as a means of political, socio-economic and spiritual development of the Russian multinational people.
Upbringing on the human rights traditions of the prosecutor's office means studying and understanding the historical path of development of the prosecutor's office in our country, established and passed down from generation to generation rules and norms of behavior, spiritual values, customs and traditions associated with highly professional performance of official tasks.
The patriotic education of employees of the prosecutor's office is based on the most important spiritual, moral and cultural and historical values accumulated in the process of life of our society and state, national identity, veneration of state symbols and universally recognized national shrines;
3) psychological - staffing the cadre of the prosecutor's office with intellectually developed, morally mature and emotionally stable specialists, according to their psychological characteristics able to successfully solve complex and responsible tasks in any conditions of activity, ready to overcome legal conflicts, hardships of the prosecutor's service. This area also includes:
study and forecasting of socio-psychological processes in the collectives of bodies and institutions of the prosecutor's office of the Russian Federation, the psychological well-being of their employees and factors affecting its state and dynamics;
the formation of a favorable moral and psychological climate in the collectives of bodies and institutions of the prosecutor's office, business, friendly relations between employees, prevention and overcoming of conflict situations;
prevention of behavior deviating from generally accepted norms, removal of psychological tension, fatigue, stressful conditions;
psychological support of young specialists, facilitating the process of their professional adaptation to service in the prosecutor's office;
rendering psychological assistance and support;
identification on early stages various forms of professional deformation among employees of the bodies and institutions of the prosecutor's office, prevention of such negative phenomena.
4. Factors affecting the state of educational work in the prosecutor's office of the Russian Federation
4.1. Formation and development problems civil society, the deformation of moral and ethical values and the criminalization of socio-economic relations, accompanied by an increase in corruption manifestations, increase the social significance of the official activities of a prosecutor's employee and at the same time require an appropriate analysis and an objective assessment of factors affecting the educational process in the system of the prosecutor's office of the Russian Federation.
In these conditions, there is a need to develop conceptual foundations for the further development of the prosecutor's office and, first of all, to preserve the personnel potential of the system and educate highly professional specialists who are faithful to their chosen profession and official duty. Level vocational training and the business qualities of prosecutors must meet the requirements due to changes in the nature of crime, the state of law, social and economic relations, and the political situation in the country. Therefore, educational work in the prosecutor's office should be aimed at developing the ability of employees to respond quickly to ongoing changes.
A serious renewal of the staff of the prosecutor's office has violated the necessary continuity of generations, which requires ensuring a positive dialogue between representatives of different generations, consolidating the entire prosecutorial community. Taking into account that workers under the age of 30 now make up about 40% of the staff, it is necessary to adjust the educational process in relation to this age category, taking into account the accumulated technology of prosecutorial activities and its moral foundations.
4.2. Ensuring the stability of the workforce remains a challenge. The main reasons for the dismissal of the employees of the prosecutor's office are:
the protracted process of reforming the civil service of the Russian Federation and the lack of information on the prospects for service in the prosecutor's office in relation to the ongoing reform of the civil service;
certain shortcomings in the organization of work with personnel, including with young specialists, their unpreparedness for work in conditions of high neuropsychological overload and strict responsibility.
4.3. The factors influencing the state of educational work in the system of the prosecutor's office also include the moral deformation of some prosecutors. In order to eliminate this negative factor, it is necessary to exclude the facts of indulgence on the part of individual managers for violations of legal and ethical standards by subordinate employees.
4.4. The emergence of new types of crimes and other offenses requires from prosecutors to have special knowledge in the field of market economy, information, tax, banking, insurance, environmental and other industry legislation, as well as possession of modern methods of investigation and prosecutorial inspections. Their insufficiency causes uncertainty among prosecutors and affects the quality and efficiency of work.
4.5. Failure to ensure proper safety of prosecutors and their family members contributes to the fact that prosecutors are often targets of physical and mental violence by criminals. Insufficient protection of the buildings of the prosecutor's office, the absence of a security service, inadequate provision of weapons and special protective equipment, the unpreparedness of workers for their qualified use - all these factors significantly affect the determination to defend the interests of the rule of law.
4.6. Negative attitude of certain officials and citizens to the current laws, law enforcement and other government bodies manifests itself in various forms and significantly affects the performance of prosecutors. The most typical and widespread of them are refusal to appear before the prosecutor's office or to participate in supervisory or investigative actions, giving false explanations and testimonies, refusing to give earlier testimony, intimidating witnesses, other persons, as well as prosecutors themselves; an attempt on the life, health and property of prosecutors and investigators, members of their families, attempts to bribe in connection with their professional activities, setting fire to the premises of prosecutors; various manifestations of covert or overt pressure on prosecutors to make illegal decisions, other negative factors that form or significantly affect the conditions of activity and behavior of prosecutors.
4.7. The system of social guarantees and material support of prosecutors should fully meet public interest work, labor and psychological costs.
4.8. The choice of service in the prosecutor's office is influenced by the importance and assessment of this work in society. Funds play an important role in shaping the image of the prosecutor. mass media, their objectivity in assessing the activities of the prosecutor's office and its individual representatives, the speeches of leaders and other prosecutors in the press, on radio or television. It is necessary to pay due attention to the human rights activities of the prosecutor's office, not to be limited to information or comments about high-profile cases. The heads of the prosecutor's office should carry out legal propaganda, come out with explanations of the goals of the prosecutor's office, the specifics of the work of investigators and prosecutors, its merits, role in the implementation of social, economic and other tasks. One-sidedness, tendentiousness, bias in information about the activities of the prosecutor's office give rise to distrust on the part of the population towards prosecutors.
4.9. Identification, analysis and forecasting of the development of factors affecting the level of educational work in the prosecutor's office are of paramount importance in developing a strategy and tactics of activities to ensure it, predetermine the allocation of the main directions, forms and methods of educational work, the need to adopt a system of legal, organizational, scientific, personnel, informational, financial, socio-psychological, material and technical and other support.
5. Moral and psychological requirements for employees of bodies and institutions of the prosecutor's office
5.1. An integral part of the process of forming and educating the cadre of the prosecutor's office capable of solving complex problems in dynamic conditions is the selection of professional personnel, which involves a comprehensive study of the personality of the candidate for the position and his professional suitability in relation to both general requirements requirements for prosecutors, and for the requirements for taking up a specific position.
General requirements for persons appointed to the positions of prosecutors and investigators are formulated in Article 40.1 of the Federal Law "On the Prosecutor's Office of the Russian Federation". Additional (special) requirements are predetermined by the specific conditions for the performance of duties in connection with specific direction activity and position held.
5.2. An employee's suitability for service in the bodies and institutions of the prosecutor's office is assessed according to medical, educational and psychological criteria.
Medical criterion involves the study general condition physical and mental health of the prosecutor's office worker.
The educational criterion includes the presence of legal knowledge, high level education and erudition, general culture, necessary for a prosecutor to successfully fulfill his official duties.
The psychological criterion assumes that the personality of the prosecutor's employee meets the requirements for the content, characteristics of professional activity, as well as the conditions in which it takes place.
This criterion includes four blocks of professionally important psychological properties and qualities of the subject:
moral and ethical qualities and motivational characteristics of the employee (developed legal awareness, domination of socially significant motives in the implementation of professional activities, striving to achieve success in work, to gain authority and respect among colleagues, etc., honesty, integrity, civic courage, sense of duty, conscientiousness , responsibility, commitment, honesty, diligence, discipline, accuracy);
developed cognitive abilities (efficiency, independence, flexibility, criticality and predictiveness of thinking, the ability to abstract, developed imagination, observation, insight, intuition, the ability to perceive new information, etc.);
emotional and volitional stability (high working capacity, endurance in situations of prolonged and intense physical and mental overload, the ability to maintain focus and productivity in these conditions, resistance to stress factors, self-control);
developed communication skills (the ability to establish and maintain psychological contact with various actors communication, overcome psychological and communication barriers, the ability to listen to a partner, the ability to correctly interpret the behavior of the interlocutor, to distinguish between true and false testimony, good command of oral and written speech, politeness, tact, respect for people, the ability to choose and pursue the correct line of behavior in conflict situations).
5.3. An employee's compliance with the requirements of professional activity is determined based on the results of a psychological examination carried out in the prosecutor's offices of the constituent entities of the Russian Federation. In the course of such a survey, the degree of expression of these qualities in workers and candidates is determined.
5.4. Specific requirements for the professional and moral qualities of persons admitted to the prosecutor's office as a prosecutor or investigator are determined by orders of the Prosecutor General of the Russian Federation. In order to improve the organization and conduct of educational work with personnel, a more complete regulatory and legal framework is required, which could be guided by civil service to the prosecutor's office.
5.5. The need to form certain personal and professional qualities is also predetermined by the specifics of the functions of the prosecutor's office (in many respects unique), the conditions for the performance of duties by employees for specific types of activities. Of course, the presence of the appropriate qualities of the employee is not an indispensable condition for the performance of official duties in a particular type of activity, however, it is these qualities that allow the employee to perform his duties most effectively, therefore, educational work should be focused on their formation.
5.5.1. Supervision over the implementation of laws by bodies carrying out operational-search activities, inquiry and preliminary investigation is one of those activities that imposes special requirements on the personal and professional qualities of employees of the prosecutor's office.
In the field of criminal proceedings, in which the application of the most significant restrictions on the rights and freedoms of citizens is allowed on the basis of the law, prosecutorial supervision should be a real guarantee of legality, and the persons exercising it should be an example of impeccable performance of official duties, compliance with the norms of law and professional ethics, respect and protection of rights. and freedoms of man and citizen. The personal and professional qualities of the employees of the prosecutor's office that are formed must correspond to the obligation imposed on them by law to bring to criminal responsibility only those who are guilty of committing crimes; take measures to ensure that not a single crime remains unsolved and not a single criminal evades responsibility; strictly monitor that no citizen is subjected to illegal restriction of rights; monitor the strict observance of the established procedure for investigating crimes and the principle of the presumption of innocence by the bodies of inquiry and preliminary investigation.
Investigative work makes significant demands on the personality of employees of the prosecutor's office. The investigator is an important and responsible participant in criminal proceedings, entrusted with complex tasks and given broad powers. The implementation of these powers presupposes that the employee has not only knowledge of jurisprudence, but also a heightened sense of justice, the ability to understand human psychology, dedication, organization, observation, endurance, emotional stability, developed analytical skills.
The work of an investigator requires proactive and responsible actions, the ability to master his profession. Practice shows that not all law school graduates appointed to the positions of investigators are ready for the modern realities of investigative activities, which, in turn, contributes to high staff turnover. In this regard, the ongoing educational work with persons hired for investigative work by the prosecutor's office, as a priority, should be aimed at developing the necessary professional skills and qualities, deepening special knowledge.
5.5.2. Particular attention should be paid to the development of the necessary professional and personal qualities of prosecutors involved in the consideration of cases by the courts.
Supporting the prosecution in criminal cases on behalf of the state, exercising the powers vested in them in the consideration of civil cases by the courts, prosecutors are official representatives of the prosecutor's office, performing complex and important duties in public.
Full implementation of the principle of adversariality and equality of parties in criminal proceedings inevitably leads to an increase in the prosecutor's responsibility for fulfilling the duty to prove the charge brought against the defendant, for ensuring its legality and validity.
The prosecutor supporting the state prosecution in court bears not only legal, but also moral and psychological responsibility, since the improper performance by the prosecutor of the function of criminal prosecution during the trial essentially nullifies all the efforts of the authorities that carried out the preliminary investigation of the case.
The formation of such qualities as high professionalism, honesty, fairness, impartiality, the ability to convincingly defend their position in court in prosecutors should become one of the main directions of educational work.
For increase professional level prosecutors involved in the consideration of cases by the courts, the development of their communicative and oratorical abilities, it is necessary to organize specialized training courses, seminars, to use more active forms of education (business games, etc.).
5.5.3. A responsible area of activity of employees of the prosecutor's office is the supervision of the implementation of laws by bodies and institutions executing criminal punishment, and measures of a coercive nature imposed by the court.
The activities of prosecutors in this area require high concentration, attention and determination. The prosecutor must act as the personification of a just law, including one aimed at correcting a convicted person.
When communicating with the employees of this system, one should take into account the special conditions of their service associated with stressful, conflict situations in relations with persons held in colonies, isolation wards and prisons. In addition, it should be remembered that in these institutions are concentrated persons who have committed socially dangerous acts, often alienated and even aggressive, which requires special training, the presence of the proper moral, volitional and psychological qualities.
5.5.4. The work on the consideration and resolution of applications, complaints and other appeals of citizens and officials in the prosecutor's office involves the observance of generally accepted ethical standards by the employees of the prosecutor's office when communicating with visitors, as well as attentive attitude, tact, benevolence and sincere interest in the objective and legal resolution of the issues that have become the subject of such treatment. Employees should be able to listen carefully to visitors and quickly understand the essence of the problems presented, ask the necessary clarifying questions in the correct form, take measures to overcome conflicting behavior on the part of visitors. This presupposes the presence of extensive knowledge of the current legislation and the ability, if necessary, to explain its provisions, the readiness to ensure the resolution of appeals without red tape on the basis of a constant search for new methods of solving emerging issues.
The growth of public confidence imposes on prosecutors a responsibility associated with an inevitable increase in their workload, which requires their high discipline and conscientious attitude to the resolution of appeals.
5.5.5. In accordance with the specifics of the activities of the military prosecutor's office, the peculiarities of the status of its employees, educational work in the bodies of the military prosecutor's office is carried out using forms and methods of military education, using military traditions and is carried out on the basis of the requirements of general military regulations, the corresponding orders of the Chief Military Prosecutor. The content of educational work with cadres in the bodies of the military prosecutor's office, along with the development of the professional, moral and business qualities of the prosecutor's office worker, includes the formation of the qualities of a reliable defender of the Fatherland among the employees of the military prosecutor's office.
5.5.6. Essential features are inherent in the organization of educational work among prosecutors performing official duties in extreme situations - in the zones of local armed conflicts, counterterrorism operations, natural disasters, accidents, man-made disasters; in investigative and operational groups for the investigation of especially grave and other crimes that have a great public response; when carrying out supervisory and investigative actions in conditions dangerous to life and health, as well as in conditions of applying state protection measures to participants in criminal proceedings; when leaving for inspections at special facilities, in institutions of the penal system, in places of deprivation of liberty, in regions with a difficult crime situation or with unfavorable climatic conditions.
The necessary assistance to prosecutors in preparing for work in extreme conditions is provided by the heads of the prosecutor's office and psychologists of personnel departments.
Ensuring the effectiveness of the activities of prosecutors in extreme conditions is facilitated by their high-quality professional and psychological training. Not only the success of the professional activities of prosecutors in extreme conditions depends on this, but also the preservation of their life, health and normal mental and spiritual state. Therefore, vocational and psychological training for work in extreme conditions should be aimed at developing professional vigilance, psychological stability, increased responsibility for the results of their actions, developing a quick reaction to emerging threats, developing the qualities necessary to overcome extreme physical and psychological stress. Employees of the prosecutor's office must have the skills of a professional assessment of the situation, objects, phenomena and events, have knowledge in the field of ensuring personal as well as group security.
5.6. An independent challenge the educational process should be the prevention of professional moral deformation, which manifests itself in a distorted attitude to official duty and discrediting the moral character of the employee of the prosecutor's office.
The consequence of these destructive processes the formation of such negative qualities in prosecutors as a dismissive attitude to the requirements of the law, bureaucracy and formal performance of official duties, arrogance, callousness, cynicism and distrust of others, the desire to suppress the will of a person, moral licentiousness, moral dishonesty and the use of elements of the criminal subculture in official activities.
The development of these negative traits can be facilitated by a false understanding of the interests of the service by employees, their hypertrophied development of certain professional qualities, the conflicting nature of the conditions of the prosecutor's office, the contact of employees due to their official duties with a negative environment and (very often) a specific human misfortune.
5.7. Participation in solving the problems of overcoming legal nihilism, legal infantilism and legal idealism in society, raising the level of civil legal awareness and legal culture, designed to exert a preventive effect on a wide range of subjective causes and conditions of crime and other offenses, is not only a professional duty, but also a moral duty. each employee of the prosecutor's office. In this regard, these persons should be distinguished by high citizenship and morality, mature life views and beliefs, and their education should be in the highest degree is aimed at supporting the honor and dignity of his profession, high culture, education and awareness of the latest achievements of legal science, serving the public and state interests, maintaining personal modesty and reasonable confidentiality in professional matters.
6. The main forms, methods and means of educational work in the bodies and institutions of the prosecutor's office
6.1. The implementation of educational work is entrusted primarily to the heads of the prosecutor's office. Employees of the services for ensuring their own safety and physical protection, employees of personnel departments, including the psychological service of the prosecutor's office, scientific and pedagogical workers of the institutions of the prosecutor's office also participate in the educational work. Veterans of prosecution bodies, members of public organizations acting in the prosecutor's office, members of the Scientific Advisory Council under the General Prosecutor's Office of the Russian Federation.
6.2. In the prosecutor's office, traditional forms of educational work have developed, which have a positive educational effect and require further systemic development:
taking the Oath of the Prosecutor (Investigator) by the employees;
solemn events dedicated to public holidays and the Day of the employee of the prosecutor's office of the Russian Federation;
certification and assignment of the first and next class ranks (military ranks);
training at the Academy of the Prosecutor General's Office of the Russian Federation and the institutes of the prosecutor's office of leading higher educational institutions;
advanced training, internships, "round tables", seminars, lectures, reports and their discussion, individual educational conversations;
mentoring;
formation of a personnel reserve and work with him;
organization of the "Best Prosecutor" and "Best Investigator" contests;
holding meetings with participants of the Great Patriotic War 1941-1945, veterans of the prosecutor's office;
the formation of stands dedicated to the history of the bodies and institutions of the prosecutor's office of the Russian Federation;
visiting museums, thematic exhibitions, conducting excursions, hiking trips, health and fitness and sporting events;
self-education of workers.
6.3. In the process of educational work in the prosecutor's office, various methods are used: persuasion, suggestion, personal example, moral and material incentives, coercion.
6.4. The educational process in order to staff the prosecutor's office with qualified personnel is carried out through the use of a system of organizational and legal educational means, which includes:
improving the system for selecting candidates for service based on qualification requirements to candidates;
application of modern scientific methods of studying business and personality traits candidates;
prevention of unjustified transfers, dismissal from office and dismissal from the prosecutor's office;
formation of a high-quality pool of personnel for promotion to higher positions in terms of professional, business and personal qualities, taking into account the established criteria for selecting candidates, excluding protectionism and recruiting personnel based on the principle of personal loyalty;
temporary replacement by persons in the reserve, the recommended position with subsequent analysis positive sides performance and mistakes made;
the passage of internships by prosecutors in higher prosecutor's offices, basic prosecutor's offices and regional training centers;
relocation of prosecutors (rotation) for the rational and effective use of their professional, business and personal qualities;
the adoption of comprehensive measures to reduce the outflow of qualified personnel from the prosecutor's office, the formation of positive motivation for work, including by improving the system of material and moral incentives, improving social conditions and providing opportunities for career growth; widespread introduction of new, proven effective forms and methods of staff recruitment; studying the experience of educational work of other law enforcement agencies in order to establish the possibility of its use in the prosecutor's office.
6.5. Educational work in the service teams of prosecutors at various levels should be aimed at ensuring organization and order in work, preventing violations of discipline, conflicts, improving the socio-psychological climate, preventing and suppressing negative phenomena among prosecutors.
A prerequisite for success in work is high discipline. The leader bears personal responsibility for the state of discipline, but he must solve this problem, relying on the team. The creation of a businesslike, comradely atmosphere in the team is possible only when the manager takes care of his subordinates, increases their responsibility for the high-quality performance of tasks, develops initiative, encourages those who have distinguished themselves and makes them accountable for completing disciplinary offense.
Educational work in teams is carried out in the process of daily professional activities of employees of the prosecutor's office, in the course of service meetings, advanced training, ceremonies and other events. Taking into account the specifics of the activities of the prosecutor's office, the most common and accessible form of educational work is the individual work of the head with subordinates.
Individual educational work is carried out through interpersonal communication between the leader and the subordinate. This work is a kind of managerial activity, when he carries out a direct educational impact on a subordinate, taking into account the methods and means of individual educational work and in accordance with the social and psychological characteristics of the subordinate, his authority in the team and personal qualities.
Employees of the psychological service of the prosecutor's office can provide significant assistance to leaders in the process of educational work.
Individual educational work includes a number of stages: 1) the study of personal qualities and characteristics of the subordinate; 2) the choice of optimal techniques and methods of psychological and pedagogical influence and their practical use; 3) analysis and evaluation achieved results individual exposure, if necessary - adjusting the methods and techniques of such exposure.
To study the individual data of subordinate employees for educational purposes, the leader has the right to use the following methods: observation, individual conversation, the study of documents, including the results of a psychological examination, the use of the opinions of others; analysis of daily activities.
The most effective and most affordable remedy individual work a leader with subordinates is a conversation that allows him to solve a specific educational problem without laborious and time-consuming preparation.
An important stage in individual educational work is the analysis of the results achieved, which the leader must carry out constantly and, if necessary, make adjustments to his work with subordinates.
6.6. In order to ensure a high level of professionalism of employees of the prosecutor's office, it is necessary to improve and more effectively use the created system of advanced training, which includes independent study, permanent seminars, internships in structural divisions of prosecutors' offices, methodological rooms, studies at the Academy, institutes and regional centers of the General Prosecutor's Office of the Russian Federation , other higher educational institutions. At the same time, special attention should be paid to a deep study of the new legislation, methods and tactics of carrying out prosecutorial activities.
Modernization of the existing system of training and advanced training of personnel should play a significant role in the training and education of highly professional personnel. V curricula one should take into account the regional peculiarities of the state of legality and law and order, the organization of the activities of law enforcement agencies, regulatory regulation in the constituent entities of the Russian Federation. These and other circumstances affect the quality of training and advanced training of prosecutors. The choice of the locations of such institutions is also important. In order to develop and optimize the activities of scientific and educational institutions of the Prosecutor's Office of the Russian Federation, it is necessary to use modern methods scientific organization training with maximum focus on practical focus, wide application active forms learning and new information technologies for the organization of study without interrupting the production and educational process.
The system of professional development should include the conduct of educational and methodological classes, seminars, trainings, conferences on the study of current legislation and methods of prosecutorial supervision, the study and implementation of positive experience in organizing professional training of prosecutors of the near and far abroad. For educational purposes, it is necessary to observe and use the ceremonies for the presentation of certificates and diplomas, awards, the announcement of orders for the assignment of a class rank and other ceremonial procedures.
Prosecutors should continuously monitor the ongoing progress of students enrolled in target areas prosecutors of the constituent entities of the Russian Federation, conduct individual interviews with them, involve them as public assistants.
The results of the selection of candidates for admission to universities for the target positions of the Prosecutor General's Office of the Russian Federation and measures to ensure high-quality training of candidates should be discussed at meetings, collegiums with an emphasis on analysis personal characteristics students.
6.7. Leaders at all levels are personally responsible for the state of educational work in the units entrusted to them. Therefore, the selection of personnel for leadership positions in the prosecutor's office it is necessary to give special meaning choosing for such work competent people with an analytical mindset, practical experience, organizational skills, sensitivity and tact. When assessing the personality of a leader, one should take into account the presence of the qualities of a leader, the peculiarities of intelligence, the moral principles by which he is guided, the ability to self-control, persistence in defending one's position, the ability to listen to subordinates, analyze not only others' but also one's own mistakes, and competently solve complex problems.
One of the main factors of successful educational work is the leader's personal example in raising the professional and business level, impeccable morality in everyday behavior. Supervisor personal example actively and directly affects the process of upbringing a subordinate, therefore, must always take into account not only professional, but also social, educational aspects of their activities. It is important that the prosecutor himself exemplarily fulfills the requirements for his subordinates, strictly observes the law, combines adherence to principles with a willingness to openly admit mistakes, put public interests above personal ones, and be equally demanding, polite and benevolent in dealing with subordinates.
6.8. An integral form of education, development of professional qualities of young specialists, first admitted to the prosecutor's office of the Russian Federation, is mentoring - assigning young specialists to prosecutors from among the most experienced, qualified and respected in the team to provide individual assistance in mastering a specialty, achieving professional skills.
In accordance with the main goal of mentoring - accelerating the process of professional development of a young worker, the formation of high moral qualities in him - the following tasks are being solved: facilitating the early adaptation of young specialists in the staff of the prosecutor's office; instilling in newly hired workers a sense of duty and responsibility for the assigned area of work, pride in their chosen profession; assisting in mastering professional knowledge and practical skills necessary for the successful solution of assigned tasks; the formation of high moral qualities in young workers, fostering a sense of respect for the law, dedication to the chosen profession and the human rights traditions of the prosecutor's office, the ability to endure physical exercise connected with the performance of service, discipline and strict observance of the norms of official ethics of an employee of the prosecutor's office.
The direct organization and management of the mentoring work is carried out by the heads of the primary prosecutor's offices, who are responsible for developing a specific mentoring program and approving individual plans work of young specialists. Veterans of the prosecutor's office may also be involved in this work.
6.9. Taking the Oath of the Prosecutor (Investigator) is of great importance in working with personnel. This memorable event is fully used to instill in the employees who entered the service a sense of pride in belonging to the prosecutor's office. The taking of the Oath by employees is carried out in a solemn atmosphere with the invitation of veterans of the prosecutor's office, heads of state authorities, well-known and respected citizens in society.
6.10. In order to preserve the historical heritage of the Russian prosecutor's office, January 12 was established as the Day of the employee of the prosecutor's office of the Russian Federation. In educational work, a significant influence is exerted by the holding of solemn events dedicated to the Day of the employee of the prosecutor's office of the Russian Federation, public holidays of the Russian Federation, and the timed to this encouragement of the most distinguished employees and veterans, as well as pensioners of the bodies and institutions of the prosecutor's office.
6.11. Certification of employees of the prosecutor's office is important tool study and education of personnel, contributing to their correct placement, professional development, determination of the level of professional training and mobilization to eliminate shortcomings in official activity and behavior, as well as strengthening official discipline, determining the suitability of the position held, professional growth prospects and forming a pool of personnel for promotion to higher positions in the prosecutor's office. Based on the results of certification, issues are resolved on the assignment of initial and next class ranks to employees, early assignment of class ranks, as well as class ranks higher than those prescribed for the position held.
The certification procedure should be subordinated to the goal of exercising educational influence, strengthening the respect for the chosen profession among the employees of the prosecutor's office, integrity and impartiality, honest performance of their official duties, and a creative attitude to work.
It is advisable to involve veterans of the prosecutor's office in the certification of prosecutors, especially those certified for the first time.
6.12. Responsibility for the fulfillment of official duties is fostered by the assignment of regular class ranks (military ranks) to prosecutors. A great educational impact on workers is exerted by the announcement by the head of the order on the conferment of the next class rank (military rank) in person in the presence of the staff of the prosecutor's office with the handing over to the employee who received the next rank, extracts from the order and shoulder straps corresponding to the rank.
Uniforms determine belonging to the prosecutor's office. The wearing of a uniform by a prosecutor's office worker (both in cases stipulated by Article 41.3 of the Federal Law "On the Prosecutor's Office of the Russian Federation" and in others) should be associated with a sense of pride in belonging to the prosecutor's system.
6.13. An important element of educational work is measures aimed at strengthening service discipline, the means of ensuring which are the creation of appropriate organizational and economic conditions for normal performance, the use of incentives for impeccable and efficient service, and, where necessary, disciplinary measures.
6.13.1. Encouraging employees of the bodies and institutions of the prosecutor's office has a significant educational value. For exemplary performance of official duties, long and impeccable service in the bodies and institutions of the prosecutor's office, the performance of tasks of particular importance and complexity, the incentives provided for in Article 41.6 of the Federal Law "On the Prosecutor's Office of the Russian Federation" are applied. The Prosecutor General of the Russian Federation may establish other types of incentives.
The announcement of incentives, the presentation of awards, service certificates is made in a solemn atmosphere in compliance with a special ceremony by the Prosecutor General of the Russian Federation or on his behalf by the Deputy Prosecutor General of the Russian Federation, the prosecutor of a constituent entity of the Russian Federation, a military prosecutor equivalent to him or a prosecutor of another specialized prosecutor's office, the head of a scientific or educational institution General Prosecutor's Office of the Russian Federation.
6.13.2. Prosecutors are subject to disciplinary responsibility for failure to perform or improper performance of their official duties and for committing misconduct defaming the honor of a prosecutor.
Article 41.7 of the Federal Law "On the Prosecutor's Office of the Russian Federation" defines the types and procedure for imposing disciplinary sanctions for committing a disciplinary offense related to non-performance or improper performance of official duties, violation of obligations to observe state and official secrets, failure to comply with labor protection requirements, the use of which pursues the purpose private and general prevention and has educational value.
In order to strengthen the discipline of prosecutors, prevent offenses, including corruption, it is recommended to implement special organizational and legal measures aimed at strict observance of the ethics of the prosecutor's employee of the Russian Federation, increasing the personal responsibility of managers at all levels for conducting individual work with subordinates and organizing their upbringing.
6.14. To solve the problems of ensuring the continuity of generations, educating prosecutors in the best traditions of the prosecutor's office, it is necessary to fully use the potential of organizations of veterans of the prosecutor's office, as well as to promote in every possible way the self-organization of veterans and pensioners of the prosecutor's office, the formation of public bodies created by them, and providing conditions for their activities.
Close interaction with veterans' organizations should be improved; within the framework of the powers granted by the law and available opportunities to provide them with assistance and support; practice attracting veterans and pensioners of the prosecutor's office to participate in events related to the education of prosecutors, exchange of experience, and improvement of business qualifications. When forming methodological councils, working groups and commissions to develop measures aimed at increasing the efficiency of prosecutorial supervision and the level of organization of work, it is necessary to include in their composition the most experienced and highly qualified veterans of the prosecutor's office.
It is necessary to develop such forms of attracting veterans to the education of young workers of the prosecutor's office as mentoring, performances in teams, participation in meetings certification commissions and others.
6.15. To popularize the history and best traditions of the Russian prosecutor's office, to promote prosecutorial activities and to establish a positive image of employees of prosecutorial bodies and institutions in the public mind, the coverage of their work in the press, on television, radio and in Internet media serves. This also has an educational effect, contributes to raising the ideological and creative level of employees of the prosecutor's office cooperating with the media, disseminating their positive experience and drawing public attention to prosecutorial everyday life. The consistent implementation of the principle of publicity in the prosecutor's office is a necessary measure with which it is possible to influence the consciousness of prosecutors and influence the formation of them. life position, to improve the general culture of behavior, to prevent destructive phenomena.
The Prosecutor General of the Russian Federation determines the procedure and conditions for holding a competition for the best coverage of the human rights activities of the Prosecutor's Office of the Russian Federation in the media.
6.16. One of the tasks of educational work with cadres in the bodies and institutions of the prosecutor's office is to preserve the health of workers. Among the employees of the prosecutor's office is popularized healthy image life, physical education, sports, tourism, cultural, recreational and sports events are encouraged, regular visits gyms, overcoming bad habits.
6.17. Educational work is carried out using the means at the disposal of the prosecutor's office, including teaching aids, recommendations for organizing educational work, pedagogical, fiction, historical and memoir literature, legal press, television programs with a legal focus, as well as visual aids in the form of posters, stands, exhibitions , expositions.
In the bodies and institutions of the prosecutor's office, permanent exhibitions are organized on the history of the prosecutor's office, which are designed to form objective historical knowledge of the affairs and people of the prosecutor's office among their visitors, to help preserve the continuity of generations and educate prosecutors in the best traditions of the Russian prosecutor's office.
6.18. In office premises, it is recommended to provide space for the placement of stands reflecting the history of the development of the prosecutor's office and their role in ensuring the rule of law. In addition, annually, it is necessary to provide for the placement of orders for the production of printed products (posters, calendars, letters), souvenirs, commemorative signs with the symbols of the prosecutor's office, which are recommended to be used in the design of office premises and when awarding employees.
6.19. For educational work, it is necessary to widely use the possibilities of cultural institutions located in the region: libraries, museums, theaters, etc. Attention should be paid to familiarizing prosecutors with the values of domestic and foreign culture, the best examples of folk art, classical and modern art.
7. Final provisions
7.1. The concept assumes its consistent and continuous implementation, the development of legal, organizational and scientific-methodological foundations of educational work in the system of the prosecutor's office of the Russian Federation.
First of all, it is necessary to carry out the following activities:
to summarize, analyze and systematize the positive experience of educational work with personnel, accumulated by the prosecutor's office of the Russian Federation, and develop recommendations and measures for its adaptation to modern conditions;
with the participation of the All-Russian Public Organization of Veterans and Pensioners of the Prosecutor's Office of the Russian Federation, to work out the issue of publishing a Memory Book dedicated to prosecutors who participated in the Great Patriotic War (1941-1945), on perpetuating the memory of prosecutors who died in the line of duty;
organize scientific and practical cooperation with The Russian Academy education, leading scientific and educational institutions in the field of education and personal development;
improve the qualifications of the heads of personnel departments on improving the educational process;
conduct scientific and practical conferences, seminars for the exchange of experience and discussion urgent problems in this area;
create a psychological relaxation room for prosecutors;
improve the institution of mentoring in the system of the prosecutor's office of the Russian Federation;
regularly publish in print media and on the official website of the General Prosecutor's Office of the Russian Federation on the Internet, in other media materials on the creation, development, traditions of the prosecutor's office, its role and activities to strengthen law and order, on the most significant achievements of the prosecutor's office in the fight with crime, to carry out legal education of the population.
On the basis of generalization and analysis of the practice of educational work in the bodies and institutions of the prosecutor's office of the Russian Federation, prepare legal acts and guidelines to improve it.
7.2. The result of the implementation of this Concept should be the formation of a highly professional staff capable of effectively solving the tasks set before the prosecution authorities to ensure the protection of constitutional human and civil rights and freedoms, the interests of society and the state, improving the socio-psychological climate in service teams, minimizing violations of discipline, increasing the level psychological and pedagogical preparedness of the leading officials of the prosecutor's office, improving the quality of training and retraining of personnel, improving the forms and methods of educational work.
Order of the Prosecutor General's Office of the Russian Federation of March 17, 2010 No. 114 "On the approval and implementation of the Code of Ethics of the Prosecutor's Office of the Russian Federation and the Concept of educational work in the system of the Prosecutor's Office of the Russian Federation"
The text of the order is posted on the website of the General Prosecutor's Office of the Russian Federation on the Internet (http://genproc.gov.ru)
General Provisions
Final provisions
6.1. Compliance by the prosecutor's employee with the norms of this Code is taken into account when carrying out certification, forming a personnel reserve for promotion to higher positions, as well as when imposing disciplinary sanctions.
6.2. This Code shall enter into force from the date of its approval by the Prosecutor General of the Russian Federation.
To topic 7.
In addition to those specified in the "Practical (seminar) plans ...", it is necessary to familiarize yourself with the relevant provisions of the Constitution of the Russian Federation and the Criminal Procedure Code of the Russian Federation and the "Code of Ethics ... for employees of the Investigative Committee of the Russian Federation" (attached). The work will be carried out in the form of a "Round table" in accordance with the questions of the manual and examples from practical activities below.
Code of Ethics and Official Conduct of Federal Civil Servants of the Investigative Committee of the Russian Federation (approved by the Chairman of the Investigative Committee of the Russian Federation A.I. Bastrykin on April 11, 2011)
I. General Provisions
1. The Code of Ethics and Official Conduct of Federal Civil Servants of the Investigative Committee of the Russian Federation (hereinafter - the Code) was developed in accordance with the provisions of the Constitution of the Russian Federation, the International Code of Conduct for Public Officials (Resolution 51/59 of the UN General Assembly of December 12, 1996), Model Code of Conduct for Civil Servants (annex to the Recommendation of the Committee of Ministers of the Council of Europe dated May 11, 2000 No. R (2000) 10 on codes of conduct for civil servants), federal laws dated December 28, 2010 No. 403-FZ “On the Investigative Committee Of the Russian Federation ", dated December 25, 2008 No. 273-FZ" On combating corruption ", dated May 27, 2003 No. 58-FZ" On the system of public service of the Russian Federation ", Decree of the President of the Russian Federation dated August 12, 2002 No. 885 "On approval of general principles of official conduct of civil servants" and other regulatory legal acts of the Russian Federation, as well as basic ovan on the generally recognized moral principles and norms of the Russian society and state.
2. This Code is a set of general principles of professional professional ethics and basic rules of official conduct that should be followed by federal civil servants of the Investigative Committee (hereinafter referred to as civil servants), regardless of the position they replace.
3. A citizen of the Russian Federation who enters the service of the Investigative Committee of the Russian Federation (hereinafter referred to as the Investigative Committee or the Investigative Committee of Russia) is obliged to familiarize himself with the provisions of the Code and comply with them in the course of his official and non-official activities.
4. Every civil servant of the IC of Russia must take all necessary measures to comply with the provisions of this Code, and every citizen of the Russian Federation has the right to expect a civil servant of the IC of Russia to behave in relations with him in accordance with the provisions of the Code.
5. The purpose of the Code is to establish basic ethical norms and rules of conduct for civil servants in official and non-official activities, as well as to strengthen the authority of civil servants of the Investigative Committee and citizens' confidence in the Investigative Committee.
6. This Code is intended to improve the efficiency of civil servants' performance of their official duties, as well as:
serves as the basis for the formation of proper morality, professional honor and official etiquette of civil servants;
guides civil servants in situations of conflict of interest and ethical uncertainty or other circumstances of moral choice;
contributes to the development of the need for compliance with professional and ethical standards of behavior;
acts as an institution of public consciousness and morality of civil servants, their self-control.
7. Knowledge and observance by civil servants of the provisions of this Code is one of the criteria for assessing their official behavior and professional activities.
Tasks.
1. Based on the assessment of the ethical acceptability of the tactical techniques used by the investigator described in the previous task, indicate what is the essence of the legitimate psychological impact, formulate general, universal criteria for the acceptability of tactical techniques from the point of view of ethics.
See: S.G. Lyubichev. Ethical foundations of investigative tactics. - M .: Jurid. lit., 1980 .-- S. 60-61.
Anishik OO, Collection of practical assignments for the course "Criminal Procedure in Russia": Tutorial/ Anitsik OO, Drobinin D.V., Petrova N.E., Savelyev K.A., Taran A.S., Tsapaeva T.Yu., Yunoshev S.V., Yablokov V.A. - Samara: Publishing house Samara University", 2005. - S.
See: S.G. Lyubichev. Ethical foundations of investigative tactics. - M .: Jurid. lit., 1980 .-- S. 68.
See: Collection of tasks on the criminal procedure (General part. Pre-trial stages): Textbook / Ed. VC. Bobrov. - M .: MUI Ministry of Internal Affairs of Russia, Publishing house "Shield-M", 1997. - P. 42 ..
See: A.P. Ryzhakov. Collection of tasks on criminal procedure. - M .: PRIOR Publishing House, 1999. - S. 58-59.
See: S.G. Lyubichev. Ethical foundations of investigative tactics. - M .: Jurid. lit., 1980 .-- S. 73.
Lyubichev S.G. Ethical foundations of investigative tactics. - M .: Jurid. lit., 1980 .-- S. 43.
See: S.G. Lyubichev. Ethical foundations of investigative tactics. - M .: Jurid. lit., 1980 .-- S. 45.
Collection of tasks on the criminal procedure (General part. Pre-trial stages): Textbook / Ed. VC. Bobrov. - M .: MUI Ministry of Internal Affairs of Russia, Publishing house "Shield-M", 1997. - ____ p.
Lyubichev S.G. Ethical foundations of investigative tactics. - M .: Jurid. lit., 1980 .-- S. 73.
Porubov N.I. Interrogation. - Minsk., 1968 .-- S. 161-162.
Rozovsky B.G. Some application issues psychological techniques in the interrogation of the accused // Criminalistics and forensic examination. Kiev, 1965 - p. 16.
Belkin R.S. Don't cross the line! - M., 1979 .-- S. 71.
Enikeev M.I. Workshop on Legal Psychology. - M .: Publishing house NORMA (Publishing group NORMA_INFRA M), 2001. - P. 407.
See: M.I. Enikeev Workshop on Legal Psychology. - M .: Publishing house NORMA (Publishing group NORMA_INFRA M), 2001. - P. 409.
Code of Ethics for the Prosecutor's Office of the Russian Federation
The successful implementation of the tasks facing the bodies and institutions of the Prosecutor's Office of the Russian Federation to ensure the rule of law, unity and strengthening the rule of law, the protection of human and civil rights and freedoms, as well as the interests of society and the state protected by law can be carried out only on the basis of high professionalism, honesty and integrity of prosecutors, their independence and impartiality, the ability to resist any attempts to improperly influence the results of their official activities.
As representatives of the state, prosecutors should do their utmost to promote the spirit of legality and justice in society, preserve and enhance the historical and cultural traditions of the multinational people of the Russian Federation, while realizing the social significance of prosecutorial activities and the measure of responsibility to society and the state.
The purpose of this Code is to establish rules of conduct for prosecutors arising from this high rank, the peculiarities of service in the bodies and institutions of the prosecutor's office of the Russian Federation and the restrictions associated with prosecutorial activities.
General Provisions
1. A prosecutor's employee in official and non-official activities is obliged:
1.1. Strictly observe the Constitution of the Russian Federation, the Federal Law "On the Prosecutor's Office of the Russian Federation", federal constitutional laws and federal laws, as well as other regulatory legal acts, norms of international law and international treaties of the Russian Federation, be guided by the rules of conduct established by this Code, the Oath of the Prosecutor (investigator ), and generally accepted norms of morality and ethics, based on the principles of legality, justice, independence, objectivity, honesty and humanism.
1.2. Be guided by the principle of equality of citizens regardless of their gender, age, race, nationality, religion, property status, occupation and other differences between them, without giving preference to any professional or social groups or public organizations.
1.3. Strive to maintain personal dignity in any situation, to be an example of behavior, decency and honesty in all spheres of public life.
1.4. Avoid personal and financial ties, conflict situations that can damage his honor and dignity, the reputation of the Prosecutor's Office of the Russian Federation.
1.5. Refrain from any action that may be regarded as providing protection to any person in order to acquire rights, release from duty or responsibility.
1.6. Prevent unlawful interference in the activities of government bodies and local governments, commercial and non-commercial organizations.
1.7. Constantly improve professional qualifications, general education and cultural level.
GENERAL
PROSECUTOR'S OFFICE OF THE RUSSIAN FEDERATION
17.03.2010 № 114
(as amended by order of the Prosecutor General of the Russian Federation No. 224 dated April 13, 2018)
On the approval and implementation of the Code of Ethics of the Prosecutor's Office
employee of the Russian Federation and the Concept of educational work
in the system of the prosecutor's office of the Russian Federation
In order to establish the rules of conduct and standards of professional ethics of a prosecutor's employee in professional and off-duty activities, guided by Art. 17 of the Federal Law "On the Prosecutor's Office of the Russian Federation",
P R I K A Z Y V A Y:
1. To approve and put into effect the Code of Ethics of the Prosecutor's Office of the Russian Federation (Appendix No. 1) and the Concept of educational work in the system of the Prosecutor's Office of the Russian Federation (Appendix No. 2).
2. The heads of the bodies and organizations of the prosecutor's office proceed from the fact that the violation by the prosecutor's employee of the norms of the Code of Ethics of the prosecutor's employee of the Russian Federation is taken into account when deciding on bringing him to disciplinary responsibility, and in the case when this violation was expressed in the commission of an offense defaming the honor of the prosecutor's employee, shall entail the imposition of a disciplinary sanction.
3. Work with personnel in the bodies and organizations of the Prosecutor's Office of the Russian Federation, taking into account the provisions of the Code of Ethics of the Prosecutor's Office of the Russian Federation and in accordance with the Concept of educational work in the system of the Prosecutor's Office of the Russian Federation.
4. First deputies and deputies of the Prosecutor General of the Russian Federation, Deputy Chairmen of the Investigative Committee under the Prosecutor's Office of the Russian Federation, heads of main directorates, directorates and departments of the Prosecutor General's Office of the Russian Federation, heads of main directorates and departments of the Investigative Committee under the Prosecutor's Office of the Russian Federation, prosecutors of constituent entities of the Russian Federation, cities and districts, other territorial, equivalent military prosecutors and prosecutors of other specialized prosecutor's offices, heads of investigative bodies of the Investigative Committee under the Prosecutor's Office of the Russian Federation for the constituent entities of the Russian Federation, districts and cities, other territorial, equated to them military and other specialized investigative bodies, heads of scientific and educational organizations of the prosecutor's office to organize the study of the Code of Ethics of the Prosecutor's Office of the Russian Federation and the Concept of educational work in the system of prosecutors atura of the Russian Federation.
6. Control over the implementation of this order shall be entrusted to the first deputies and deputies of the Prosecutor General of the Russian Federation in accordance with the distribution of duties.
The order should be sent to the first deputies and deputies of the Prosecutor General of the Russian Federation, the Deputy Chairmen of the Investigative Committee under the Prosecutor's Office of the Russian Federation, the heads of the main directorates, departments and divisions of the Prosecutor General's Office of the Russian Federation, the rector of the University of the Prosecutor's Office of the Russian Federation, the heads of the main departments and departments of the Investigative Committee under the Prosecutor's Office of the Russian Federation, prosecutors of constituent entities of the Russian Federation, cities and regions, other territorial, equivalent military prosecutors and prosecutors of other specialized prosecutor's offices, heads of investigative bodies of the Investigative Committee under the Prosecutor's Office of the Russian Federation for constituent entities of the Russian Federation, regions and cities, other territorial, equated military and other specialized investigative bodies, which will bring its content to the attention of subordinate employees.
Attorney General
Russian Federation
valid state
counselor of justice
Yu. Ya. Gull
Appendix # 1
Russian Federation
dated 17.03.2010 No. 114
Code of Ethics for Prosecutors
Russian Federation
The successful implementation of the tasks facing the bodies and organizations of the Prosecutor's Office of the Russian Federation to ensure the rule of law, unity and strengthening the rule of law, protection of human and civil rights and freedoms, as well as the interests of society and the state protected by law can be carried out only on the basis of high professionalism, honesty and incorruptibility of prosecutors , their independence and impartiality, the ability to resist any attempts to improperly influence the results of their official activities.
As representatives of the state, prosecutors should do their utmost to promote the spirit of legality and justice in society, preserve and enhance the historical and cultural traditions of the multinational people of the Russian Federation, while realizing the social significance of prosecutorial activities and the measure of responsibility to society and the state.
The purpose of this Code is to establish the rules of conduct for a prosecutor's employee arising from this high rank, the specifics of service in the bodies and organizations of the prosecutor's office of the Russian Federation and restrictions associated with prosecutorial activities.
1. General Provisions
1. A prosecutor's employee in official and non-official activities is obliged:
1.1. Strictly observe the Constitution of the Russian Federation, the Federal Law "On the Prosecutor's Office of the Russian Federation", federal constitutional laws and federal laws, as well as other regulatory legal acts, norms of international law and international treaties of the Russian Federation, be guided by the rules of conduct established by this Code, the Oath of the Prosecutor, and generally accepted norms of morality and ethics, based on the principles of legality, justice, independence, objectivity, honesty and humanism.
1.2. Be guided by the principle of equality of citizens regardless of their gender, age, race, nationality, religion, property status, occupation and other differences between them, without giving preference to any professional or social groups or public organizations.
1.3. Strive to maintain personal dignity in any situation and not to commit acts that give rise to doubts about his honesty and decency.
1.4. Under any circumstances, refrain from behavior that could raise doubts about the conscientious performance of his official duties, avoid property (financial) ties, conflict situations that could damage his reputation or the authority of the Prosecutor's Office of the Russian Federation and thereby undermine public confidence in its activities.
1.5. In carrying out professional activities, do not give preference to individual citizens, any professional or social groups and organizations and be independent of their influence.
1.6. Prevent unlawful interference in the activities of state and local government bodies, commercial and non-commercial organizations.
1.7. Constantly improve professional qualifications, general education and cultural level.
2. The rules of conduct of a prosecutor's employee in the implementation of
performance
2.1. In his official activity, a prosecutor's office worker:
2.1.1. Proceeds from the fact that the recognition, observance and protection of human and civil rights and freedoms determine the main meaning and content of his professional work.
2.1.2. Irreconcilably fights against any violations of the law, whoever committed them, takes effective measures in a timely manner to protect the rights and freedoms of man and citizen protected by law, as well as the interests of society and the state, seeks to eliminate violations of the law and restore violated rights.
When considering the issue of the responsibility of persons who have committed violations of the law, the prosecutor's office worker is guided by the principles of justice and inevitability of responsibility, takes into account the nature and degree of public danger of the offense and data characterizing the personality of the offender.
2.1.3. Adheres to the general principles and norms of official, professional ethics and rules of business conduct of civil servants.
2.1.4. Complies with the prohibitions, restrictions and obligations established by the current legislation for civil servants.
2.1.5. Takes measures to prevent and (or) resolve conflicts of interest to which he is a party.
2.1.6. Notifies the head of the body, the organization of the prosecutor's office about all cases of any person contacting him in order to induce him to commit corruption offenses.
2.1.7. Strives to be faithful to civic and official duty, to perform his official duties conscientiously, at a high professional level.
2.1.8. Does not allow manifestations of bureaucracy, formalism, arrogance, disrespectful attitude to the legitimate requests and demands of citizens.
2.1.9. Observes impartiality, excluding the possibility of the influence of his political and religious beliefs on decision-making related to the performance of official duties.
2.1.10. Takes measures to ensure the security and confidentiality of information. It became known to him in connection with the performance of his official duties, for the unauthorized disclosure of which he is responsible.
2.1.11. During the trial, the court refrains from actions that may be regarded as exerting undue influence on the process of administration of justice.
2.1.12. In relations with other participants in the trial, he observes the official business style, shows integrity, correctness, impartiality and respect for all participants in the court session.
2.1.13. In relations with representatives of state authorities, local self-government bodies, public associations, commercial and non-commercial organizations, he maintains independence, shows tact and respect, exactingness and adherence to principles.
2.1.14. Does not allow the demand from legal entities or individuals of information, the provision of which by these persons is not provided for by law.
2.1.15. Refrains from public statements, judgments and assessments in relation to the activities of bodies, organizations of the prosecutor's office and their leaders, if this is not part of his official duties.
2.1.16. Does not allow the possibility of receiving remuneration from individuals and legal entities in connection with the performance of official duties (gifts, monetary remuneration, loans, material services, payment for entertainment, recreation and other remuneration), with the exception of cases established by law.
2.1.17. Adheres to a business dress code corresponding to the status of a civil servant, observes reasonable sufficiency in the use of jewelry and other adornments.
2.2. An employee of the prosecutor's office who has the powers of a leader in the system of bodies and organizations of the prosecutor's office, in addition:
2.2.1. Promotes the establishment and maintenance in the team of a favorable moral and psychological climate for effective work.
Takes measures to prevent corruption-related dangerous behavior on the part of employees subordinate to him, setting an example of honesty, impartiality and justice through his personal behavior.
2.2.2. When determining the volume (load) and nature of work, it is guided by the principles of fairness and equity, takes into account the personal and business qualities, qualifications and work experience of subordinate employees, avoiding discrimination by providing individual employees with undeserved benefits and privileges.
2.2.3. Does not allow arrogance, dismissive tone, rudeness, including profanity, tactlessness, inappropriate and offensive remarks, unfounded claims and accusations in relation to subordinate employees.
2.2.4. Shows concern for subordinate employees, delves into their problems and needs, promotes legal decision-making, promotes professional and job growth of employees.
2.2.5. Provides comprehensive support and assistance to young professionals (with work experience up to 3 years, who first entered the service of the prosecutor's office).
3. The relationship of prosecutors of the bodies and organizations of the prosecutor's office
3.1. The relationship between prosecutors should be based on the principles of comradely partnership, mutual respect and mutual assistance.
Prosecutors should be polite, friendly, correct and tolerant in their interactions with colleagues.
Threats, offensive language, remarks or actions that impede normal communication or provoke conflicts between colleagues and their illegal behavior are unacceptable.
Interpersonal conflicts should not be resolved in public, in a rude and defiant manner.
3.2. Criticism of shortcomings in work should be objective, balanced, principled and accepted with understanding by the employee to whom it is addressed.
3.3. It is not allowed to exert influence on one's colleagues in order to make an illegal and (or) unreasonable decision that is desirable for a prosecutor or other persons.
4. Basic rules of conduct for a prosecutor in off-duty activities
4. In off-duty activities, the prosecutor's office worker:
4.1. Follows the rules of the community, respects national and religious customs, cultural traditions, must be tactful, restrained and emotionally stable.
4.2. In the event of a clear violation of the law, of which he was an eyewitness, he takes all measures provided by law to suppress illegal actions and bring the perpetrators to justice.
4.3. Does not allow the use of his official position to influence the activities of any bodies, organizations, officials, civil servants, citizens, other prosecutors when solving personal issues and gaining advantages both for himself and in the interests of third parties.
4.4. Enjoy freedom of speech, religion, the right to participate in associations, associations and public activities, except in cases established by law.
4.5. By participating in social networks and forums of the information and telecommunication network "Internet", does not allow discussions of the activities of state bodies and their officials, statements in an incorrect and rude form using obscene language, posting photo, video and text materials that could damage the reputation of the prosecutor's employee or the authority of the prosecutor's office.
5. Liability of a prosecutor's employee for violation of the requirements of this Code
5.1. For violation of the provisions of this Code by the head of the prosecutor's office personally or, if necessary, in the presence of the labor collective, the following measures of influence may be applied to the prosecutor's employee:
oral remark;
warning about the inadmissibility of unethical behavior;
a demand for a public apology.
5.2. A violation by a prosecutor's employee of the Code, expressed in the commission of a misdemeanor defaming the honor of a prosecutor's employee, is the basis for bringing him to disciplinary responsibility.
6. Final provisions
6.1. Compliance by the prosecutor's employee with the norms of this Code is taken into account when carrying out certification, forming a personnel reserve for promotion to higher positions, as well as when imposing disciplinary sanctions.
6.2. This Code shall enter into force from the date of its approval by the Prosecutor General of the Russian Federation.
Appendix # 2
to the order of the Attorney General
Russian Federation
dated 17.03.2010 No. 114
Concept
educational work in the system of the prosecutor's office of the Russian Federation
1. General Provisions
1.1. The concept of educational work in the system of the prosecutor's office of the Russian Federation (hereinafter - the Concept) includes a set of basic provisions regulating the educational process as an important condition for increasing the efficiency of the bodies and organizations of the prosecutor's office in achieving the goals of ensuring the rule of law, unity and strengthening the rule of law, protecting rights and freedoms a person and a citizen, as well as the interests of society and the state protected by law.
In this regard, educational work is an integral and integral element of the personnel policy of the prosecution authorities of the Russian Federation, a reliable tool for its implementation.
1.2. Educational work is a complex of interrelated legal, organizational, economic, psychological and pedagogical measures to educate employees of the system of bodies and organizations of the prosecutor's office of the Russian Federation in the spirit of unswerving observance and protection of human and civil rights and freedoms, serving the interests of society and the state, fulfilling the requirements of the law and professional ethics of prosecutors.
1.3. The essence of educational work is determined by the specifics of the public service in the prosecutor's office, the role and place of the prosecution authorities in the system of state-legal institutions, the nature of the tasks assigned to them and the functions they perform.
1.4. Education is understood as the process of purposeful and systematic influence on the prosecutor's office worker in order to form the worldview and professional skills necessary to ensure the conscientious and effective performance of his official duties.
1.5. The legal basis of this Concept is the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, the Federal Law "On the Prosecutor's Office of the Russian Federation" and other federal laws, legal acts of the President of the Russian Federation and the Government of the Russian Federation, organizational and administrative documents of the Prosecutor General of the Russian Federation, Code of Ethics for the Prosecutor's Office of the Russian Federation.
2. The purpose and objectives of educational work
2.1. The purpose of educational work is to form in the employees of the bodies and organizations of the prosecutor's office of the Russian Federation legal awareness, a system of values and professionally significant personality traits necessary for the impeccable performance of official duties, maintaining the high authority of the prosecutor's office in society as a single federal centralized system of bodies exercising supervision on behalf of the Russian Federation compliance with the Constitution of the Russian Federation and the implementation of laws in force on the territory of the Russian Federation.
2.2. Its implementation requires the following main tasks:
the formation of an irreconcilable attitude among prosecutors towards crimes and other offenses, whoever committed them, education of prosecutors in the spirit of strict observance of the Constitution of the Russian Federation and laws, the Prosecutor's Oath, respect for the state symbols of the Russian Federation and the best traditions accumulated in the prosecutor's office for almost 300-year period of activity;
the formation of the worldview and value system of prosecutors, as well as socially and professionally significant psychological and moral and moral qualities necessary for effective work, readiness to perform official tasks in any environment, the ability to overcome difficulties, unconditional observance of restrictions and prohibitions;
development in each employee of a positive motivation for work, a desire to constantly achieve high results in work, an attentive and respectful attitude towards citizens, an awareness of personal responsibility for the performance of official duties and tasks facing the prosecutor's office of the Russian Federation;
creation of conditions for the most complete professional self-realization of employees of bodies and organizations of the prosecutor's office, the development of their abilities and creative potential, constant spiritual and physical improvement, maintaining a healthy lifestyle, caring for family and children;
the development of a general culture, as well as an increase in the culture of speech in professional and non-official activities;
preservation and enhancement of the traditions of Russian statehood, spiritual and moral heritage and cultural heritage of the Russian Federation, respect for the historical past of the Russian prosecutor's office;
prevention of professional deformation.
3. Basic principles and directions of educational work in the bodies and organizations of the prosecutor's office
3.1. The fundamental principles of educational work include:
legality;
scientific validity;
consistency, continuity and obligation of the educational process;
the variety of forms, methods and means used to ensure the effectiveness of education;
an individual approach to the formation and development of the necessary business and personal qualities among employees of the bodies and organizations of the prosecutor's office;
objectivity in assessing the activities of employees of bodies and organizations of the prosecutor's office, exactingness, fairness, mutual understanding, comradely support and mutual assistance.
3.2. The implementation of these principles is designed to ensure the improvement of the educational process in the Prosecutor's Office of the Russian Federation in the following main areas:
1) professional - the formation of a conscientious and responsible attitude to official duties, striving for the fullest realization of abilities and professional qualities in the interests of successful performance of official duties.
This area includes the formation of positive motivation to work, the specification of the goals and objectives of official activities, the self-realization of the individual in the process of professional activity, the focus on achieving high results in work, the ability, within its competence, to effectively fulfill the requirements of the legislation of the Russian Federation and achieve specific results, the ability to predict and implement plans for their professional growth;
2) historical and patriotic - awareness of the originality of the Fatherland, personal responsibility for its fate; loyalty to the traditions of the Russian prosecutor's office for the protection of human and civil rights and freedoms, serving the rule of law as a means of political, socio-economic and spiritual development of the Russian multinational people.
Upbringing on the human rights traditions of the prosecutor's office means studying and understanding the historical path of development of the prosecutor's office in our country, established and passed down from generation to generation rules and norms of behavior, spiritual values, customs and traditions associated with highly professional performance of official tasks.
The patriotic education of employees of the prosecutor's office is based on the most important spiritual, moral and cultural and historical values accumulated in the process of life of our society and state, national identity, veneration of state symbols and universally recognized national shrines;
3) psychological - staffing the cadre of the prosecutor's office with intellectually developed, morally mature and emotionally stable specialists, by their psychological characteristics capable of successfully solving complex and responsible tasks in any conditions of activity, ready to overcome legal conflicts, hardships of the prosecutor's service. This area also includes:
study and forecasting of socio-psychological processes in the collectives of the bodies and organizations of the prosecutor's office of the Russian Federation, the psychological well-being of their employees and factors affecting its state and dynamics;
the formation of a favorable moral and psychological climate in the collectives of bodies and organizations of the prosecutor's office, business, friendly relations between employees, prevention and overcoming of conflict situations;
prevention of behavior deviating from generally accepted norms, removal of psychological tension, fatigue, stressful conditions;
psychological support of young specialists, facilitating the process of their professional adaptation to service in the prosecutor's office;
providing psychological assistance and support;
identification in the early stages of various forms of professional deformation among employees of bodies and organizations of the prosecutor's office, prevention of such negative phenomena.
4. Factors affecting the state of educational work in the prosecutor's office of the Russian Federation
4.1. The problems of the formation and development of civil society, the deformation of moral and ethical values and the criminalization of socio-economic relations, accompanied by the growth of corruption manifestations, increase the social significance of the official activities of the prosecutor's employee and at the same time require an appropriate analysis and objective assessment of factors affecting the educational process in the system of the prosecutor's office of the Russian Federation ...
In these conditions, one of the primary tasks should be considered the preservation of the personnel potential of the system and the education of highly professional specialists, faithful to the chosen profession and official duty.
4.2. Ensuring the stability of the workforce remains a challenge. The main reasons for the dismissal of the employees of the prosecutor's office are:
certain shortcomings in the organization of work with personnel, including with young specialists, their unpreparedness for work in conditions of high neuropsychological overload and strict responsibility.
4.3. The factors influencing the state of educational work in the system of the prosecutor's office also include the moral deformation of some prosecutors. In order to eliminate this negative factor, it is necessary to exclude the facts of indulgence on the part of individual managers for violations of legal and ethical standards by subordinate employees.
4.4. The emergence of new types of crimes and other offenses requires from prosecutors to have special knowledge in the field of market economy, information, tax, banking, insurance, environmental and other industry legislation, as well as possession of modern methods of investigation and prosecutorial inspections. Their insufficiency causes uncertainty among prosecutors and affects the quality and efficiency of work.
4.5. Failure to ensure proper safety of prosecutors and their family members contributes to the fact that prosecutors are often targets of physical and mental violence by criminals. Insufficient protection of the buildings of the prosecutor's office, the absence of a security service, inadequate provision of weapons and special protective equipment, the unpreparedness of workers for their qualified use - all these factors significantly affect the determination to defend the interests of the rule of law.
4.6. The negative attitude of individual officials and citizens to the current laws, law enforcement and other state bodies manifests itself in various forms and significantly affects the performance of prosecutors. The most typical and widespread of them are refusal to appear before the prosecutor's office or to participate in supervisory actions, giving false explanations, intimidating prosecutors; an attempt on the life, health and property of prosecutors, members of their families, attempts to bribe in connection with their professional activities, setting fire to the premises of prosecutors; various manifestations of covert or overt pressure on prosecutors to make illegal decisions, other negative factors that form or significantly affect the conditions of activity and behavior of prosecutors.
4.7. The system of social guarantees and material support of prosecutors should fully meet the social significance of the work, labor and psychological costs.
4.8. The choice of service in the prosecutor's office is influenced by the importance and assessment of this work in society. An important role in shaping the image of the prosecutor is played by the mass media, their objectivity in assessing the activities of the prosecutor's office and its individual representatives, the speeches of leaders and other prosecutors in the press, on radio or television. It is necessary to pay due attention to the human rights activities of the prosecutor's office, not to be limited to information or comments about high-profile cases. The heads of the prosecutor's office should carry out legal propaganda, come out with explanations of the goals of the prosecutor's office, the peculiarities of the work of prosecutors, its merits, the role in the implementation of social, economic and other tasks. One-sidedness, tendentiousness, bias in information about the activities of the prosecutor's office give rise to distrust on the part of the population towards prosecutors.
4.9. Identification, analysis and forecasting of the development of factors affecting the level of educational work in the prosecutor's office are of paramount importance in developing a strategy and tactics of activities to ensure it, predetermine the allocation of the main directions, forms and methods of educational work, the need to adopt a system of legal, organizational, scientific, personnel, informational, financial, socio-psychological, material and technical and other support.
5. Moral and psychological requirements presented to employees of bodies and organizations of the prosecutor's office
5.1. An integral part of the process of forming and educating the cadre of the prosecutor's office, capable of solving complex problems in dynamic conditions, is the selection of professional personnel, which involves a comprehensive study of the personality of the candidate for the position and his professional suitability in relation to both the general requirements for prosecutors and the requirements presented in the occupation of a specific position.
General requirements for persons appointed to the position of prosecutors are formulated in Article 40.1 of the Federal Law "On the Prosecutor's Office of the Russian Federation". Additional (special) requirements are predetermined by the specific conditions for fulfilling duties in connection with a specific area of activity and position held.
5.2. An employee's suitability for service in the bodies and organizations of the prosecutor's office is assessed according to medical, educational and psychological criteria.
The medical criterion involves the study of the general state of the physical and mental health of the prosecutor's office worker.
The educational criterion includes the presence of legal knowledge, a high level of education and erudition, a general culture, necessary for a prosecutor's office worker to successfully fulfill his official duties.
The psychological criterion assumes that the personality of the prosecutor's employee meets the requirements for the content, characteristics of professional activity, as well as the conditions in which it takes place.
This criterion includes four blocks of professionally important psychological properties and qualities of the subject:
moral and ethical qualities and motivational characteristics of the employee (developed legal awareness, domination of socially significant motives in the implementation of professional activities, striving to achieve success in work, to gain authority and respect among colleagues, etc., honesty, integrity, civic courage, sense of duty, conscientiousness , responsibility, commitment, honesty, diligence, discipline, accuracy);
developed cognitive abilities (efficiency, independence, flexibility, criticality and predictiveness of thinking, the ability to abstract, developed imagination, observation, insight, intuition, the ability to perceive new information
and etc.);
emotional and volitional stability (high working capacity, endurance in situations of prolonged and intense physical and mental overload, the ability to maintain focus and productivity in these conditions, resistance to stress factors, self-control);
developed communication skills (the ability to establish and maintain psychological contact with various participants in communication, overcome psychological and communication barriers, the ability to listen to a partner, the ability to correctly interpret the interlocutor's behavior, to distinguish between true and false testimony, good command of oral and written speech, politeness, tact, respect to people, the ability to choose and pursue the correct line of behavior in conflict situations).
5.3. An employee's compliance with the requirements of professional activity is determined based on the results of a psychological examination carried out in the prosecutor's offices of the constituent entities of the Russian Federation. In the course of such a survey, the degree of expression of these qualities in workers and candidates is determined.
5.4. Specific requirements for the professional and moral qualities of persons admitted to the prosecutor's office as a prosecutor are determined by orders of the Prosecutor General of the Russian Federation. In order to improve the organization and conduct of educational work with cadres, a more complete regulatory and legal framework is required, which could be guided by when recruiting for civil service in the prosecutor's office.
5.5. The need to form certain personal and professional qualities is also predetermined by the specifics of the functions of the prosecutor's office (in many respects unique), the conditions for the performance of duties by employees for specific types of activities. Of course, the presence of the appropriate qualities of the employee is not an indispensable condition for the performance of official duties in a particular type of activity, however, it is these qualities that allow the employee to perform his duties most effectively, therefore, educational work should be focused on their formation.
5.5.1. Supervision over the implementation of laws by bodies carrying out operational-search activities, inquiry and preliminary investigation is one of those activities that imposes special requirements on the personal and professional qualities of employees of the prosecutor's office.
In the field of criminal proceedings, in which the application of the most significant restrictions on the rights and freedoms of citizens is allowed on the basis of the law, prosecutorial supervision should be a real guarantee of legality, and the persons exercising it should be an example of impeccable performance of official duties, compliance with the norms of law and professional ethics, respect and protection of rights. and freedoms of man and citizen. The personal and professional qualities of the employees of the prosecutor's office that are formed must correspond to the obligation imposed on them by law to bring to criminal responsibility only those who are guilty of committing crimes; take measures to ensure that not a single crime remains unsolved and not a single criminal evades responsibility; strictly monitor that no citizen is subjected to illegal restriction of rights; monitor the strict observance of the established procedure for investigating crimes and the principle of the presumption of innocence by the bodies of inquiry and preliminary investigation.
5.5.2. Particular attention should be paid to the development of the necessary professional and personal qualities of prosecutors involved in the consideration of cases by the courts.
Supporting the prosecution in criminal cases on behalf of the state, exercising the powers vested in them in the consideration of civil cases by the courts, prosecutors are official representatives of the prosecutor's office, performing complex and important duties in public.
Full implementation of the principle of adversariality and equality of parties in criminal proceedings inevitably leads to an increase in the prosecutor's responsibility for fulfilling the duty to prove the charge brought against the defendant, for ensuring its legality and validity.
The prosecutor supporting the state prosecution in court bears not only legal, but also moral and psychological responsibility, since the improper performance by the prosecutor of the function of criminal prosecution during the trial essentially nullifies all the efforts of the authorities that carried out the preliminary investigation of the case.
The formation of such qualities as high professionalism, honesty, fairness, impartiality, the ability to convincingly defend their position in court in prosecutors should become one of the main directions of educational work.
To improve the professional level of prosecutors involved in the consideration of cases by the courts, to develop their communicative and oratory skills, it is necessary to organize specialized training courses, seminars, and to use more active forms of education (business games, etc.).
5.5.3. A responsible area of activity of employees of the prosecutor's office is the supervision of the implementation of laws by bodies and organizations executing criminal punishment, and measures of a coercive nature imposed by the court.
The activities of prosecutors in this area require high concentration, attention and determination. The prosecutor must act as the personification of a just law, including one aimed at correcting a convicted person.
When communicating with the employees of this system, one should take into account the special conditions of their service associated with stressful, conflict situations in relations with persons held in colonies, isolation wards and prisons. In addition, it should be remembered that in these institutions are concentrated persons who have committed socially dangerous acts, often alienated and even aggressive, which requires special training, the presence of the proper moral, volitional and psychological qualities.
5.5.4. The work on the consideration and resolution of applications, complaints and other appeals of citizens and officials in the prosecutor's office involves the observance of generally accepted ethical standards by the employees of the prosecutor's office when communicating with visitors, as well as attentive attitude, tact, benevolence and sincere interest in the objective and legal resolution of the issues that have become the subject of such treatment. Employees should be able to listen carefully to visitors and quickly understand the essence of the problems presented, ask the necessary clarifying questions in the correct form, take measures to overcome conflicting behavior on the part of visitors. This presupposes the presence of extensive knowledge of the current legislation and the ability, if necessary, to explain its provisions, the readiness to ensure the resolution of appeals without red tape on the basis of a constant search for new methods of solving emerging issues.
The growth of public confidence imposes on prosecutors a responsibility associated with an inevitable increase in their workload, which requires their high discipline and conscientious attitude to the resolution of appeals.
5.5.5. In accordance with the specifics of the activities of the military prosecutor's office, the peculiarities of the status of its employees, educational work in the bodies of the military prosecutor's office is carried out using forms and methods of military education, using military traditions and is carried out on the basis of the requirements of general military regulations, the corresponding orders of the Chief Military Prosecutor. The content of educational work with cadres in the military prosecutor's office, along with the development of the professional, moral and business qualities of the prosecutor's office worker, includes the formation of the qualities of a reliable defender of the Fatherland among the employees of the military prosecutor's office, capable of exercising prosecutorial supervision as part of the crews of submarines and surface ships, on the territory of foreign states in places of deployment of military contingents of the Armed Forces of the Russian Federation, as well as in conditions of hostilities.
Psychological support of the processes of personality formation of cadets of the Prosecutor-Investigative Faculty of the Military University of the Ministry of Defense of the Russian Federation, the establishment of their relationship and adaptation is organized taking into account the performance of their duties of military service.
5.5.6. Essential features are inherent in the organization of educational work among prosecutors performing official duties in extreme situations - in the zones of local armed conflicts, counter-terrorism operations, natural disasters, accidents, man-made disasters; when carrying out supervisory actions in conditions hazardous to life and health; when leaving for inspections at special facilities, in institutions of the penal system, in places of deprivation of liberty, in regions with a difficult crime situation or with unfavorable climatic conditions.
The necessary assistance to prosecutors in preparing for work in extreme conditions is provided by the heads of the prosecutor's office and psychologists of personnel departments.
Ensuring the effectiveness of the activities of prosecutors in extreme conditions is facilitated by their high-quality professional and psychological training. Not only the success of the professional activities of prosecutors in extreme conditions depends on this, but also the preservation of their life, health and normal mental and spiritual state. Therefore, vocational and psychological training for work in extreme conditions should be aimed at developing professional vigilance, psychological stability, increased responsibility for the results of their actions, developing a quick reaction to emerging threats, developing the qualities necessary to overcome extreme physical and psychological stress. Employees of the prosecutor's office must have the skills of a professional assessment of the situation, objects, phenomena and events, have knowledge in the field of ensuring personal as well as group security.
5.6. An independent task of the educational process should be the prevention of professional moral deformation, which manifests itself in a distorted attitude towards official duty and discrediting the moral character of an employee of the prosecutor's office.
The consequence of these destructive processes can be the formation of such negative qualities in prosecutors as a disdainful attitude towards the requirements of the law, bureaucracy and formal performance of official duties, arrogance, callousness, cynicism and distrust of others, the desire to suppress the will of a person, moral licentiousness, moral uncleanliness, etc. the use of elements of the criminal subculture in official activities.
The development of these negative traits can be facilitated by a false understanding of the interests of the service by employees, their hypertrophied development of certain professional qualities, the conflicting nature of the conditions of the prosecutor's office, the contact of employees due to their official duties with a negative environment and (very often) a specific human misfortune.
5.7. Participation in solving the problems of overcoming legal nihilism, legal infantilism and legal idealism in society, raising the level of civil legal awareness and legal culture, designed to exert a preventive effect on a wide range of subjective causes and conditions of crime and other offenses, is not only a professional duty, but also a moral duty. each employee of the prosecutor's office. In this regard, these persons should be distinguished by high citizenship and morality, mature life views and convictions, and their education should be highly aimed at supporting the honor and dignity of their profession, high culture, education and awareness of the latest achievements of legal science, serving public and in the public interest, maintaining personal modesty and reasonable confidentiality in professional matters.
6. The main forms, methods and means of educational work in the bodies and organizations of the prosecutor's office
6.1. The implementation of educational work is entrusted primarily to the heads of the prosecutor's office. Employees of the services for ensuring their own safety and physical protection, employees of personnel departments, including the psychological service of the prosecutor's office, scientific and pedagogical workers of the organizations of the prosecutor's office also participate in the educational work. An educational influence on the staff is provided by veterans of the prosecutor's office, members of public organizations operating in the prosecutor's office, members of the Scientific Advisory Council under the General Prosecutor's Office of the Russian Federation.
6.2. In the prosecutor's office, traditional forms of educational work have developed, which have a positive educational effect and require further systemic development:
taking the Prosecutor's Oath by employees;
solemn events dedicated to public holidays and the Day of the employee of the prosecutor's office of the Russian Federation;
certification and assignment of the first and next class ranks (military ranks);
training at the University of the Prosecutor's Office of the Russian Federation and the institutes of the Prosecutor's Office of the leading higher educational institutions;
advanced training, internships, "round tables", seminars, lectures, reports and their discussion, individual educational conversations;
mentoring;
formation of a personnel reserve and work with him;
organization of the "Best Prosecutor" contests;
holding meetings with participants in the Great Patriotic War of 1941-1945, veterans of the prosecutor's office;
the formation of stands dedicated to the history of the bodies and organizations of the prosecutor's office of the Russian Federation;
visiting museums, thematic exhibitions, conducting excursions, hiking trips, health and fitness and sports events;
self-education of workers.
6.3. In the process of educational work in the prosecutor's office, various methods are used: persuasion, suggestion, personal example, moral and material incentives, coercion.
6.4. The educational process in order to staff the prosecutor's office with qualified personnel is carried out through the use of a system of organizational and legal educational means, which includes:
improving the system for selecting candidates for service on the basis of qualification requirements for candidates;
application of modern scientific methods for studying the business and personal qualities of candidates;
prevention of unjustified transfers, dismissal from office and dismissal from the prosecutor's office;
formation of a high-quality pool of personnel for promotion to higher positions in terms of professional, business and personal qualities, taking into account the established criteria for selecting candidates, excluding protectionism and recruiting personnel based on the principle of personal loyalty;
temporary replacement by persons in the reserve, the recommended position, followed by an analysis of the positive aspects of performance and the shortcomings made;
the passage of internships by prosecutors in higher prosecutor's offices, basic prosecutor's offices and regional training centers;
relocation of prosecutors (rotation) for the rational and effective use of their professional, business and personal qualities;
the adoption of comprehensive measures to reduce the outflow of qualified personnel from the prosecutor's office, the formation of positive motivation for work, including by improving the system of material and moral incentives, improving social conditions and providing opportunities for career growth; widespread introduction of new, proven effective forms and methods of staff recruitment; studying the experience of educational work of other law enforcement agencies in order to establish the possibility of its use in the prosecutor's office.
6.5. Educational work in the service teams of prosecutors at various levels should be aimed at ensuring organization and order in work, preventing violations of discipline, conflicts, improving the socio-psychological climate, preventing and suppressing negative phenomena among prosecutors.
A prerequisite for success in work is high discipline. The leader bears personal responsibility for the state of discipline, but he must solve this problem, relying on the team. The creation of a businesslike, comradely atmosphere in a team is possible only when the manager shows concern for his subordinates, increases their responsibility for the quality performance of tasks, develops initiative, encourages those who have distinguished themselves and holds them accountable for committing a disciplinary offense.
Educational work in teams is carried out in the process of daily professional activities of employees of the prosecutor's office, in the course of service meetings, advanced training, ceremonies and other events. Taking into account the specifics of the activities of the prosecutor's office, the most common and accessible form of educational work is the individual work of the head with subordinates.
Individual educational work is carried out through interpersonal communication between the leader and the subordinate. This work is a kind of managerial activity, when he carries out a direct educational impact on a subordinate, taking into account the methods and means of individual educational work and in accordance with the social and psychological characteristics of the subordinate, his authority in the team and personal qualities.
Employees of the psychological service of the prosecutor's office can provide significant assistance to leaders in the process of educational work.
Individual educational work includes a number of stages: 1) the study of personal qualities and characteristics of the subordinate; 2) the choice of optimal techniques and methods of psychological and pedagogical influence and their practical application; 3) analysis and assessment of the achieved results of individual impact, if necessary - adjusting the methods and techniques of such impact.
To study the individual data of subordinate employees for educational purposes, the head has the right to use the following methods: observation, individual conversation, study of documents, including the results of psychological examination, use of the opinions of others; analysis of daily activities.
An effective and most accessible means of individual work of a leader with subordinates is a conversation, which allows him to solve a specific educational problem without laborious and time-consuming preparation.
An important stage in individual educational work is the analysis of the results achieved, which the leader must carry out constantly and, if necessary, make adjustments to his work with subordinates.
6.6. In order to ensure a high level of professionalism of employees of the prosecutor's office, it is necessary to improve and more effectively use the created system of advanced training, which includes independent study, permanent seminars, internships in structural divisions of prosecutors' offices, methodological rooms, studies at the University, institutes and regional centers of the General Prosecutor's Office of the Russian Federation , other higher educational institutions. At the same time, special attention should be paid to a deep study of the new legislation, methods and tactics of prosecutorial activities, and for military prosecutors, an additional level of military training (physical fitness and firepower training).
Modernization of the existing system of training and advanced training of personnel should play a significant role in the training and education of highly professional personnel. The curricula should take into account the regional characteristics of the state of law and order, the organization of the activities of law enforcement agencies, and regulatory regulation in the constituent entities of the Russian Federation. These and other circumstances affect the quality of training and advanced training of prosecutors. The choice of the locations of such organizations is also important. In order to develop and optimize the activities of scientific and educational organizations of the Prosecutor's Office of the Russian Federation, it is necessary to use modern methods of scientific organization of training with a maximum focus on practical orientation, widespread use of active forms of education and new information technologies for organizing studies without interrupting the production and educational process.
The system of professional development should include the conduct of educational and methodological classes, seminars, trainings, conferences on the study of current legislation and methods of prosecutorial supervision, the study and implementation of positive experience in organizing professional training of prosecutors of the near and far abroad. For educational purposes, it is necessary to observe and use the ceremonies for the presentation of certificates and diplomas, awards, the announcement of orders for the assignment of a class rank (military rank) and other ceremonial procedures.
Prosecutors should constantly monitor the current progress of students studying in targeted areas of prosecutor's offices of the constituent entities of the Russian Federation, conduct individual interviews with them, and involve them as public assistants.
The results of the selection of candidates for admission to universities for the target places of the General Prosecutor's Office of the Russian Federation and measures to ensure high-quality training of candidates should be discussed at meetings, collegia with an emphasis on the analysis of the personal characteristics of students.
6.7. Leaders at all levels are personally responsible for the state of educational work in the units entrusted to them. Therefore, it is necessary to attach special importance to the selection of personnel for leading positions in the prosecutor's office, choosing for such work competent people with an analytical mindset, practical experience, organizational skills, sensitivity and tact. When assessing the personality of a leader, one should take into account the presence of the qualities of a leader, the peculiarities of intelligence, the moral principles by which he is guided, the ability to self-control, persistence in defending one's position, the ability to listen to subordinates, analyze not only others' but also one's own mistakes, and competently solve complex problems.
One of the main factors of successful educational work is the leader's personal example in raising the professional and business level, impeccable morality in everyday behavior. The leader by personal example actively and directly influences the process of educating a subordinate, therefore, he must always take into account not only professional, but also social, educational aspects of his activities. It is important that the prosecutor himself exemplarily fulfills the requirements for his subordinates, strictly observes the law, combines adherence to principles with a willingness to openly admit mistakes, put public interests above personal ones, and be equally demanding, polite and benevolent in dealing with subordinates.
6.8. An integral form of education, development of professional qualities of young specialists, first admitted to the prosecutor's office of the Russian Federation, is mentoring - assigning young specialists to prosecutors from among the most experienced, qualified and respected in the team to provide individual assistance in mastering a specialty, achieving professional skills.
In accordance with the main goal of mentoring - accelerating the process of professional development of a young worker, the formation of high moral qualities in him - the following tasks are being solved: facilitating the early adaptation of young specialists in the staff of the prosecutor's office; instilling in newly hired workers a sense of duty and responsibility for the assigned area of work, pride in their chosen profession; assistance in mastering professional knowledge and practical skills necessary for the successful solution of assigned tasks; formation of high moral qualities in young workers, fostering a sense of respect for the law, devotion to the chosen profession and human rights traditions of the prosecutor's office, the ability to endure physical activity associated with the performance of service, discipline and strict observance of the norms of official ethics of an employee of the prosecutor's office.
The direct organization and management of the mentoring work is carried out by the heads of the primary prosecutor's offices, who are responsible for the development of a specific mentoring program and the approval of individual plans for the education and training of young professionals. Veterans of the prosecutor's office may also be involved in this work.
6.9. Taking the Oath of the Prosecutor is important in working with personnel. This memorable event is fully used to instill in the employees who entered the service a sense of pride in belonging to the prosecutor's office. The taking of the Oath by employees is carried out in a solemn atmosphere with the invitation of veterans of the prosecutor's office, heads of state authorities, well-known and respected citizens in society.
6.10. In order to preserve the historical heritage of the Russian prosecutor's office, January 12 was established as the Day of the employee of the prosecutor's office of the Russian Federation. In educational work, a significant impact is exerted by the holding of solemn events dedicated to the Day of the employee of the prosecutor's office of the Russian Federation, public holidays of the Russian Federation, and the timed to this encouragement of the most distinguished employees and veterans, as well as pensioners of the bodies and organizations of the prosecutor's office.
6.11. Certification of employees of the prosecutor's office is an important means of studying and educating personnel, contributing to their correct placement, advanced training, determining the level of professional training and mobilization to eliminate shortcomings in official activity and behavior, as well as strengthening official discipline, determining the suitability of the position, prospects for professional growth and formation. a reserve of personnel for promotion to higher positions in the prosecutor's office. Based on the results of certification, issues are resolved on the assignment of initial and next class ranks (military ranks) to employees, early assignment of class ranks (military ranks), as well as class ranks (military ranks) higher than those prescribed for the position held.
The certification procedure should be subordinated to the goal of exercising educational influence, strengthening the respect for the chosen profession among the employees of the prosecutor's office, integrity and impartiality, honest performance of their official duties, and a creative attitude to work.
It is advisable to involve veterans of the prosecutor's office in the certification of prosecutors, especially those certified for the first time.
6.12. Responsibility for the fulfillment of official duties is fostered by the assignment of regular class ranks (military ranks) to prosecutors. A great educational impact on workers is exerted by the announcement by the head of the order on the assignment of the next class rank (military rank) in person in the presence of the staff of the prosecutor's office with the handing over to the employee, who received the next rank (military rank), extracts from the order and the epaulettes corresponding to the rank (rank).
Uniforms determine belonging to the prosecutor's office. The wearing of a uniform by a prosecutor's office worker (both in cases stipulated by Article 41.3 of the Federal Law "On the Prosecutor's Office of the Russian Federation" and in others) should be associated with a sense of pride in belonging to the prosecutor's system.
6.13. An important element of educational work is measures aimed at strengthening service discipline, the means of ensuring which are the creation of appropriate organizational and economic conditions for normal performance, the use of incentives for impeccable and effective service, and, if necessary, disciplinary measures.
6.13.1. Encouraging employees of bodies and organizations of the prosecutor's office has a significant educational value. For exemplary performance of official duties, long and impeccable service in the bodies and organizations of the prosecutor's office, the performance of tasks of particular importance and complexity, the incentives provided for in Article 41.6 of the Federal Law "On the Prosecutor's Office of the Russian Federation" are applied. The Prosecutor General of the Russian Federation may establish other types of incentives.
The announcement of incentives, the presentation of awards, service certificates is made in a solemn atmosphere in compliance with a special ceremony by the Prosecutor General of the Russian Federation or, on his behalf, by the Deputy Prosecutor General of the Russian Federation, the prosecutor of a constituent entity of the Russian Federation, a military prosecutor equivalent to him or a prosecutor of another specialized prosecutor's office, the head of a scientific or educational organization of the Prosecutor General's Office of the Russian Federation.
6.13.2. Prosecutors are subject to disciplinary responsibility for failure to perform or improper performance of their official duties and for committing misconduct defaming the honor of a prosecutor.
Article 41.7 of the Federal Law "On the Prosecutor's Office of the Russian Federation" defines the types and procedure for imposing disciplinary sanctions for committing a disciplinary offense related to non-performance or improper performance of official duties, violation of obligations to observe state and official secrets, failure to comply with labor protection requirements, the use of which pursues the purpose private and general prevention and has educational value.
In order to strengthen the discipline of prosecutors, prevent offenses, including corruption, it is recommended to implement special organizational and legal measures aimed at strict observance of the Code of Ethics of the Prosecutor's Office of the Russian Federation, increasing the personal responsibility of managers at all levels for conducting individual work with subordinates and organizing their upbringing. ...
6.14. To solve the problems of ensuring the continuity of generations, educating prosecutors in the best traditions of the prosecutor's office, it is necessary to fully use the potential of organizations of veterans of the prosecutor's office, as well as to promote in every possible way the self-organization of veterans and pensioners of the prosecutor's office, the formation of public bodies created by them, and providing conditions for their activities.
Close interaction with veterans' organizations should be improved; within the framework of the powers granted by the law and available opportunities to provide them with assistance and support; practice attracting veterans and pensioners of the prosecutor's office to participate in events related to the education of prosecutors, exchange of experience, and improvement of business qualifications. When forming methodological councils, working groups and commissions to develop measures aimed at increasing the efficiency of prosecutorial supervision and the level of organization of work, it is necessary to include in their composition the most experienced and highly qualified veterans of the prosecutor's office.
It is necessary to develop such forms of attracting veterans to the education of young workers of the prosecutor's office as mentoring, performances in teams, participation in meetings of certification commissions and others.
6.15. To popularize the history and the best traditions of the Russian prosecutor's office, to promote prosecutorial activities and to establish in the public consciousness a positive image of employees of prosecutorial bodies and organizations is the coverage of their work in the press, on television, radio and in Internet publications. This also has an educational effect, contributes to raising the ideological and creative level of employees of the prosecutor's office cooperating with the media, disseminating their positive experience and drawing public attention to prosecutorial everyday life. The consistent implementation of the principle of publicity in the prosecutor's office is a necessary measure with which it is possible to influence the consciousness of prosecutors, influence the formation of their life position, increase the general culture of behavior, and prevent destructive phenomena.
The Prosecutor General of the Russian Federation determines the procedure and conditions for holding a competition for the best coverage of the human rights activities of the Prosecutor's Office of the Russian Federation in the media.
6.16. One of the tasks of educational work with cadres in the bodies and organizations of the prosecutor's office is to preserve the health of workers. A healthy lifestyle is promoted among employees of the prosecutor's office, physical education, sports, tourism, cultural, recreational and sports events, regular visits to gyms, and overcoming bad habits are encouraged.
6.17. Educational work is carried out using the means at the disposal of the prosecutor's office, including teaching aids, recommendations for organizing educational work, pedagogical, fiction, historical and memoir literature, legal press, television programs with a legal focus, as well as visual aids in the form of posters, stands, exhibitions , expositions.
The bodies and organizations of the prosecutor's office organize permanent exhibitions dedicated to the history of the prosecutor's office, which are designed to form objective historical knowledge of the affairs and people of the prosecutor's office among their visitors, to help preserve the continuity of generations and educate prosecutors in the best traditions of the Russian prosecutor's office.
6.18. In office premises, it is recommended to provide space for the placement of stands reflecting the history of the development of the prosecutor's office and their role in ensuring the rule of law. In addition, annually, it is necessary to provide for the placement of orders for the production of printed products (posters, calendars, letters), souvenirs, commemorative signs with the symbols of the prosecutor's office, which are recommended to be used in the design of office premises and when awarding employees.
6.19. For educational work, it is necessary to widely use the possibilities of cultural institutions located in the region: libraries, museums, theaters, etc. Attention should be paid to familiarizing prosecutors with the values of domestic and foreign culture, the best examples of folk art, classical and modern art.
7. Final provisions
7.1. The concept assumes its consistent and continuous implementation, the development of legal, organizational and scientific-methodological foundations of educational work in the system of the prosecutor's office of the Russian Federation.
It is necessary to carry out the following activities:
to generalize and analyze the positive experience of educational work with personnel, accumulated by the prosecution authorities of the Russian Federation, using it in the development and preparation of relevant organizational, administrative and other methodological documents;
carry out scientific and practical cooperation with the Russian Academy of Education, leading scientific and educational institutions in the field of education and personal development;
improve the qualifications of the heads of personnel departments on improving the educational process;
conduct scientific and practical conferences, seminars for the exchange of experience and discussion of topical problems in this area;
create a psychological relaxation room for prosecutors;
improve the institution of mentoring in the system of the prosecutor's office of the Russian Federation;
regularly publish in print media and on the official website of the General Prosecutor's Office of the Russian Federation on the Internet, in other media materials on the creation, development, traditions of the prosecutor's office, its role and activities to strengthen law and order, on the most significant achievements of the prosecutor's office in the fight with crime, to carry out legal education of the population.
7.2. The result of the implementation of this Concept should be the formation of a highly professional staff capable of effectively solving the tasks set before the prosecution authorities to ensure the protection of constitutional human and civil rights and freedoms, the interests of society and the state, improving the socio-psychological climate in service teams, minimizing violations of discipline, increasing the level psychological and pedagogical preparedness of the leading officials of the prosecutor's office, improving the quality of training and retraining of personnel, improving the forms and methods of educational work.
We continue to publish Codes of Professional Conduct on our website. In the previous article was published Today we bring to your attention the "Code of Ethics of the Prosecutor's Office of the Russian Federation."
Appendix No. 1
to order
The Attorney General
Russian Federation
dated 17.03.2010 No. 114
Code of Ethics for Prosecutors
Russian Federation
The successful implementation of the tasks facing the bodies and institutions of the Prosecutor's Office of the Russian Federation to ensure the rule of law, unity and strengthening the rule of law, the protection of human and civil rights and freedoms, as well as the interests of society and the state protected by law can be carried out only on the basis of high professionalism, honesty and integrity of prosecutors, their independence and impartiality, the ability to resist any attempts to improperly influence the results of their official activities.
As representatives of the state, prosecutors should do their utmost to promote the spirit of legality and justice in society, preserve and enhance the historical and cultural traditions of the multinational people of the Russian Federation, while realizing the social significance of prosecutorial activities and the measure of responsibility to society and the state.
The purpose of this Code is to establish rules of conduct prosecutor's office arising from this high rank, the peculiarities of service in the bodies and institutions of the prosecutor's office of the Russian Federation and the restrictions associated with prosecutorial activities.
1. General Provisions
1. A prosecutor's employee in official and non-official activities is obliged:
1.1. Strictly observe the Constitution of the Russian Federation, the Federal Law "On the Prosecutor's Office of the Russian Federation", federal constitutional laws and federal laws, as well as other regulatory legal acts, norms of international law and international treaties of the Russian Federation, be guided by the rules of conduct established by this Code, the Oath of the Prosecutor (investigator ), and generally accepted norms of morality and ethics, based on the principles of legality, justice, independence, objectivity, honesty and humanism.
1.2. Be guided by the principle of equality of citizens regardless of their gender, age, race, nationality, religion, property status, occupation and other differences between them, without giving preference to any professional or social groups or public organizations.
1.3. Strive to maintain personal dignity in any situation, to be an example of behavior, decency and honesty in all spheres of public life.
1.4. Avoid personal and financial ties, conflict situations that can damage his honor and dignity, the reputation of the Prosecutor's Office of the Russian Federation.
1.5. Refrain from any action that may be regarded as providing protection to any person in order to acquire rights, release from duty or responsibility.
1.6. Prevent unlawful interference in the activities of government bodies and local governments, commercial and non-commercial organizations.
1.7. Constantly improve professional qualifications, general education and cultural level.
2. Rules of conduct prosecutorialemployee in the performance of official activities
2.1. In his official activity, a prosecutor's office worker:
2.1.1. Proceeds from the fact that the recognition, observance and protection of human and civil rights and freedoms determine the main meaning and content of his professional work.
2.1.2. Irreconcilably fights against any violations of the law, whoever committed them, takes effective measures in a timely manner to protect the rights and freedoms of man and citizen protected by law, as well as the interests of society and the state, seeks to eliminate violations of the law and restore violated rights.
When considering the issue of the responsibility of persons who have committed violations of the law, the prosecutor's office worker is guided by the principles of justice and inevitability of responsibility, takes into account the nature and degree of public danger of the offense and data characterizing the personality of the offender.
2.1.3. Adheres to the general principles of official conduct of civil servants.
2.1.4. Complies with the prohibitions, restrictions and obligations established by the current legislation for civil servants.
2.1.5. Strives to be faithful to civic and official duty, to conscientiously fulfill the official duties assigned to him.
2.1.6. Informs the immediate supervisor about cases of making demands by anyone, making requests or proposals to commit an act contrary to the law or the rules of official conduct.
2.1.7. Uses official powers in a balanced and humane manner, refrains from actions that could raise doubts about the objective performance of official duties by the prosecutor.
2.1.8. Does not allow manifestations of bureaucracy, formalism, arrogance, disrespectful attitude to the legitimate requests and demands of citizens.
2.1.9. Does not allow his political and religious beliefs to influence decisions related to the performance of official duties.
2.1.10. Strives to be an example of respect for the court, contributes to the delivery of a lawful, well-grounded and fair court decision.
2.1.11. During the trial, the court refrains from actions that may be regarded as exerting undue influence on the process of administration of justice.
2.1.12. In relations with other participants in the trial, he observes the official business style, shows integrity, correctness, impartiality and respect for all participants in the court session.
2.1.13. In relations with representatives of state authorities, local self-government bodies, public associations, commercial and non-commercial organizations, he maintains independence, shows tact and respect, exactingness and adherence to principles.
2.1.14. Does not allow the demand from legal entities or individuals of information, the provision of which by these persons is not provided for by law.
2.1.15. Adheres to a business style of clothing that corresponds to the status of a civil servant, observes reasonable sufficiency in the use of cosmetics, jewelry and other adornments.
2.2. An employee of the prosecutor's office who has the powers of a leader in the system of bodies and institutions of the prosecutor's office:
2.2.1. Promotes the establishment and maintenance of a healthy moral and psychological climate in the team.
2.2.2. When determining the volume and nature of work, he is guided by the principles of fairness, taking into account personal and business qualities, qualifications and work experience of subordinate employees.
2.2.3. Does not allow unreasonable claims in relation to subordinate employees, as well as facts of rudeness and tactlessness.
2.2.4. Shows concern for subordinate employees, delves into their problems and needs, promotes legal decision-making, promotes professional and job growth of employees.
2.2.5. Provides support and assistance to young professionals (with work experience up to 3 years) in the acquisition of professional skills.
3. The relationship of prosecutors of bodies and institutions prosecutors
3.1. The relationship between prosecutors should be based on the principles of comradely partnership, mutual respect and mutual assistance.
3.2. Criticism of shortcomings in work should be objective, balanced, principled and accepted with understanding by the employee to whom it is addressed.
3.3. It is not allowed to exert influence on one's colleagues in order to make an illegal and (or) unreasonable decision that is desirable for a prosecutor or other persons.
4. Basic rules of conduct for a prosecutor in off-duty activities
4. In off-duty activities, the prosecutor's office worker:
4.1. Follows the rules of the community, respects national and religious customs, cultural traditions, must be tactful, restrained and emotionally stable.
4.2. In the event of a clear violation of the law, of which he was an eyewitness, he takes all measures provided by law to suppress illegal actions and bring the perpetrators to justice.
4.3. Does not allow the use of his official position to influence the activities of any bodies, organizations, officials, civil servants and citizens in resolving issues, including those of a non-official nature, in which he is directly or indirectly interested.
4.4. Enjoy freedom of speech, religion, the right to participate in associations and associations, except as otherwise provided by law.
4.5. Participates in public activities, if it does not harm the authority of the prosecutor's office of the Russian Federation and does not interfere with the performance of the prosecutor's professional duties.
5. The responsibility of the prosecutoremployee for violation of the requirements of this Code
5.1. For violation of the provisions of this Code by the head of the prosecutor's office personally or, if necessary, in the presence of the labor collective, the following measures of influence may be applied to the prosecutor's employee:
oral remark;
warning about the inadmissibility of unethical behavior;
a demand for a public apology.
5.2. A violation by a prosecutor's employee of the Code, expressed in the commission of a misdemeanor defaming the honor of a prosecutor's employee, is the basis for bringing him to disciplinary responsibility.
6. Final provisions
6.1. Compliance by the prosecutor's employee with the norms of this Code is taken into account when carrying out certification, forming a personnel reserve for promotion to higher positions, as well as when imposing disciplinary sanctions.
6.2. This Code shall enter into force from the date of its approval by the Prosecutor General of the Russian Federation.
