In the Rivne region regarding the powers of prosecutors in the sphere of protection of the rights of citizens and consideration of addresses
Consideration of requests of citizens and organization of their reception remains one of the important activities of procuratorial bodies to strengthen legality and law and order. Overall in 2016 to the Prosecutor's office of Rivne region received more than 5.5 million downloads, including more than 2 million – to the regional Prosecutor's office. Prosecutors decided almost 4 thousand cases. Despite the fact that current Criminal procedural code of Ukraine regulates the judicial procedure of decisions, actions or inaction of the investigator (Prosecutor) during the pre-trial investigation, the greatest number of resolved amount of the appeal on the issues of pre-trial investigation (2249 cases or 60%), of which complaints about the actions and decisions of police investigators and 49% (1,098 cases). However, granted only 1% of this category of complaints (28 complaints). For the operative decision of current questions, overseen by the public only during the second half of last year at the initiative of the regional Prosecutor's office organized and conducted 2 meetings in the format of "round table" with representatives of public organizations of the region. Similar events were conducted and heads of local prosecution offices. Introduced a personal reception of citizens with the use of video conferencing with local prosecutors. The leadership of the regional Prosecutor's office conducts monthly on-site meetings. For 2016, prosecutors secured the right more than 1.1 thousand citizens on personal reception with which the leadership of the Prosecutor's office of area made more than 200 cases. Taken organizational measures contributed to a rapid response to violations of human rights. As an example, in response to an application on a personal reception at the Prosecutor of the region A. the Sable citizens of Rivne local Prosecutor's office initiated criminal proceedings on the fact of fraud by the officials of the Rivne representative office of investment company "helix", who fraudulently took possession of the means of citizens to hundreds of thousands of hryvnia. However, representatives of some public organizations, individual citizens, despite the ongoing awareness of changes in legislation continue in their appeals to the Prosecutor to insist on addressing her on the issues raised that office to consider it has no authority. In particular, in connection with the entry into force of the law of Ukraine "On the procuracy" and "On amendments to the Constitution of Ukraine on justice," severely limited the powers of the prosecution. Thus, the Prosecutor's office 26.10.2014 deprived of the functions of the so-called "General supervision", and together with the right to carry out checks on the statements and complaints that were resolved in the framework of this material, assignments, inspections by authorities, confiscation of explanations of the persons, the making of prosecutorial response documents. Executive function is also limited, as in accordance with article 131-1 of the Constitution of Ukraine the Prosecutor 30.09.2016 carries only the representation of state interests in the court in exceptional cases and in the manner specified by law. Currently, prosecutors have the following responsibilities: 1) support public prosecution in court; 2) represent the state in court in cases determined by Law; 3) supervision of observance of laws by bodies carrying out operative-investigative activity, inquiry, pre-trial investigation. Also in accordance with the Transitional provisions of the Constitution of Ukraine the Prosecutor's office continues to perform in accordance with the laws of the function of pre-trial investigation prior to the functioning of the organs that the law will be passed to the appropriate functions as well as the function of supervision of observance of laws at execution of court decisions in criminal cases, the application of other coercive measures related to restriction of personal freedom of citizens - prior to the entry into force of the law on the creation of a dual system of regular inspection of the prison. However, the prosecution continues to receive a significant number of cases, the solution of which is not included in its competence. Given the lack of statutory authority to consider a range of issues during 2016, more than 1.6 million of citizens (or every third) the Prosecutor's office of Rivne region sent for supplies to government bodies, local government, state supervision and control. However, the prosecution was given reasonable explanations about the possibility of citizens to protect their rights in court, bodies of free legal aid and the like. So, for example last year there have been repeated complaints of residents of the city of Rivne and Rivne region about violation of their housing rights. D. the applicant raised the issue before the Prosecutor's office to initiate a review, to request documents of bodies of local self-government in matters of registration and housing for her and other residents of the hostel. And the citizen B. asked prosecutors to check the legality of his eviction from the premises. In these and similar cases, citizens were given reasonable answers, explaining the powers of the Prosecutor's office, as well as the norms of the Constitution and housing legislation that housing disputes are resolved exclusively in the courts. The study of such cases, the appointment of competent authorities, written informing of the applicants the Prosecutor's office not only takes up valuable time of citizens, but also deprives them of the possibility of restoration of violated rights. Therefore, before the appellants before the filing of an appropriate petition or complaint shall be determined, the competence of any authority, governance or local government is the decision of those or other questions. It should be borne in mind that, under article 55 of the Constitution of Ukraine adopted by the state authorities, local government, Supervisory and other bodies, enterprises, institutions and organizations or their officials decisions on petitions may be appealed to the appropriate authority of a higher level or in court. In addition, according to article 14 of the Law of Ukraine "On free legal assistance", persons under the jurisdiction of Ukraine, if their monthly income does not exceed two sizes of a living wage and disabled people who receive a pension or assistance, which is appointed instead of a pension, in an amount not to exceed two living wages for disabled persons entitled to free secondary legal aid, which includes all kinds of legal services stipulated in article 13 of the Act, including the implementation representation. In the region there is a Regional centre for providing free secondary legal aid in Rivne oblast, and Rivne (Rivne, vul.Caucasian,7), Dubno (Dubno, vul. Hrushevsky,171á), Sarny (Sarny, vul.Wide, 22) local centers to provide free secondary legal aid. Single telephone number of system of free legal aid: 0 - 800 - 213 - 103. Also, due to the fact that the prosecutors lack powers for supervision over observance of legislation on appeals of citizens, explained that according to article 28 of the law of Ukraine "About addresses of citizens", the control over observance of legislation on appeals of citizens carried out, in particular, the Commissioner for human rights of the Verkhovna Rada of Ukraine. In the Rivne region has a Regional office of the Ombudsman, which is Torkunov Oleg Nikolaevich (the address: Rivne, square enlightenment,1 room.132). Department of organization of reception of citizens, consideration of complaints and queries the Prosecutor's office of Rivne region Tweet.Ïåðåâåäåíî ñåðâèñîì "ßíäåêñ.Ïåðåâîä÷èê": translate.yandex.ru.
Source: http://uzinform.com.ua/
