The Procuracy in Russia

The Russian procuracy, or prokuratura, is a centralised federal body that supervises compliance with the law, oversees criminal investigations, prosecutes cases in court and may bring civil claims in the public interest. It does not investigate most crimes itself: that function passed to the Investigative Committee. Yet no criminal case reaches trial without a prosecutor approving the indictment.

Its powers come from the Constitution and the Federal Law "On the Procuracy of the Russian Federation" of 1992.

A Centralised Hierarchy

At the top is the Prosecutor General's Office in Moscow, below it the regional offices, and at the base district and city prosecutors. Specialised military, transport and environmental offices work alongside them.

The Prosecutor General and regional prosecutors are appointed by the President after consultation with the Federation Council. Each prosecutor reports upward, not to local government.

Instruments of Supervision

The law gives the prosecutor formal tools, each with its own addressee and effect.

Prosecutors can also open administrative offence proceedings and demand documents within set deadlines.

Oversight of the Investigation

The prosecutor checks the lawfulness of opening a case, can cancel unlawful decisions of inquiry officers and can demand that investigators remedy violations. His control over the Investigative Committee is narrower than over police inquiry.

When the file arrives, he may approve the indictment, return the case for further investigation or send it to a higher prosecutor.

The Prosecutor at Trial

At trial he acts as public prosecutor and may drop charges fully or partly. A court cannot convict on a charge the prosecutor has abandoned.

A pre-trial cooperation agreement with the accused is also concluded by the prosecutor. Its terms need careful review by counsel before signing.

Supervision Beyond Criminal Cases

General supervision covers labour rights, housing, municipal procurement, environmental rules and the rights of minors. The prosecutor may sue for a person who cannot go to court because of health, age or incapacity.

Prosecutors also supervise detention facilities and bailiffs, and they bring claims to confiscate assets of officials that exceed lawful income.

Complaints and Motions by the Defence

A complaint about an investigator can be filed with the prosecutor under Article 124 of the Criminal Procedure Code. The answer can then be challenged in court under Article 125.

Written motions before the indictment is approved give the defence one more chance to point out gaps in the evidence.

Using the Procuracy From Abroad

A foreign company facing an inspection, or a family whose relative is under investigation, may think only the court can help. Often the procuracy is faster: an unlawful search or a refusal to open a fraud case can be escalated there first.

Attorney Elena Petrova prepares such complaints and tracks the replies.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.