Author

Chepus A.V.

Title of article

General characteristics of the institute of bringing senior officials of the subjects of the Russian Federation to justice

Section

Law enforcement policy

Issue, year

4 (30) 2014

Abstract

The theoretical and practical aspects of the problem of bringing senior officials of the RF subjects to criminal liability are analyzed. Legal immunity as the most important feature of their legal status is considered. General characteristic of the liability of such senior officials in the context of the institute of state and law enforcement is provided. The current Russian legislation and judicial practice in this area are analyzed. Special attention is paid to the history of the issue of bringing senior officials to justice, on the example of the Federation Council member status. Basing on the other authors’ researches, the author proposes his own view on the issues of senior officials’ immunity. It’s suggested that in modern legal science the problems of the liability of senior officials of the RF regions aren’t given due attention. There’s no clear understanding of what should be the grounds of such liability, its procedures and application, the legal nature of its sanctions. The author substantiates the position that it’s not necessary to include the regional leaders or heads of executive authorities of the RF subjects in the list of persons having immunity from criminal or administrative prosecution. The arguments are the federal practice – the ministers of the RF Government don’t possess the immunity, and the recent practice – dismissal as a result of loss of confidence. The need to control the activities of the senior officials of the RF subjects and other persons holding the highest positions in the authorities of the RF subjects is substantiated.

Keywords

bringing to justice, official, immunity, prosecutor’s office, criminal liability.

References

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2. Mamitova N.V. Antikorruptsionnaya pravovaya politika: problemy formirovaniya v sovremennoy Rossii [Anti-corruption legal policy: problems of formation in modern Russia]. Pravo i sovremennye gosudarstva – Law and the modern state, 2013, no. 3, pp. 35-41.

3. Mal’ko A.V. Kontseptsiya pravozashchitnoy politiki v Rossiyskoy Federatsii (proekt) [The concept of human rights policy in the Russian Federation (project)]. Ulyanovsk, 2014. 39 p.