The Prosecutor's Office of Lepel District is part of the unified and centralized system of prosecutor's offices of the Republic of Belarus.
The staff of the prosecutor's office consists of 4 prosecutor employees and 3 other employees.
The prosecutor's office is headed by a prosecutor who has a deputy.
The administrative building of the prosecutor's office is located at: 211174, Sovetskaya St., 36a in Lepel, tel./fax (02132) 3-49-33, email: vto-lepe@prokuratura.gov.by.
The Prosecutor's Office of the Republic of Belarus (hereinafter referred to as the Prosecutor's Office) is a unified and centralized system of bodies that, on behalf of the state, supervise the precise and uniform implementation of normative legal acts on the territory of the Republic of Belarus, and also perform other functions established by legislative acts.
The legal basis for the activities of the Prosecutor's Office is the Constitution of the Republic of Belarus, the Law of the Republic of Belarus "On the Prosecutor's Office of the Republic of Belarus" dated May 8, 2007, No. 220-Z, and other legislative acts defining the competence, organization, procedure of activity of the Prosecutor's Office and the powers of prosecutor employees.
The tasks of the Prosecutor's Office
are to ensure the supremacy of law, legality and law and order, protect the rights and legitimate interests of citizens and organizations, as well as public and state interests. In order to fulfill these tasks, the Prosecutor's Office supervises
- the precise and uniform implementation of laws, decrees, orders and other normative legal acts by republican bodies of state administration and other state organizations subordinate to the Council of Ministers of the Republic of Belarus, local representative, executive and administrative bodies, public associations, religious organizations and other organizations, officials and other citizens, including individual entrepreneurs (hereinafter referred to as supervision of legislation enforcement);
- enforcement of legislation in the course of operational-search activities;
- enforcement of law during pre-trial proceedings, during preliminary investigation and inquiry;
- compliance of judicial decisions with the law, as well as observance of legislation during their execution;
- observance of legislation during the execution of punishment and other criminal liability measures, as well as coercive measures.
The Prosecutor's Office coordinates the law enforcement activities of state bodies fighting crime and corruption, as well as the activities of other organizations involved in fighting crime, and crime prevention activities.
The Prosecutor's Office conducts preliminary investigations in cases provided for by the Criminal Procedure Code of the Republic of Belarus.
Prosecutors participate in the consideration of civil cases by courts, cases related to entrepreneurial and other economic activities, support state prosecution in criminal cases, participate in administrative proceedings in accordance with the Civil Procedure Code of the Republic of Belarus, the Economic Procedure Code of the Republic of Belarus, the Criminal Procedure Code of the Republic of Belarus and the Procedural and Enforcement Code of the Republic of Belarus on Administrative Offenses (hereinafter referred to as procedural legislation).
The activities of the Prosecutor's Office are based on the principles of legality, equality of all citizens before the law, independence of the prosecutor, subordination of lower-level prosecutors to higher-level prosecutors, publicity, and mandatory compliance with the prosecutor's requirements.
The prosecutor supervises the observance of state-guaranteed rights and freedoms of citizens, enshrined in the Constitution of the Republic of Belarus, legislative acts and provided for by the international obligations of the Republic of Belarus, regardless of their gender, race, nationality, language, origin, citizenship, property and official status, place of residence, attitude to religion, beliefs, affiliation with political parties and other public associations, as well as other circumstances.
The prosecutor is independent in the exercise of his powers. Any interference in his activities is unacceptable and entails responsibility established by legislative acts.
The activities of the Prosecutor's Office are carried out on the basis of the subordination of lower-level prosecutors to higher-level prosecutors, including the Prosecutor General of the Republic of Belarus.
The requirements of the prosecutor, arising from his powers and presented in accordance with legislative acts, are subject to execution within the established period by all organizations, officials and other citizens, including individual entrepreneurs. In this case, information requested by the prosecutor is provided free of charge.
Officials and other citizens, including individual entrepreneurs, are obliged to appear when summoned by the prosecutor and provide explanations on circumstances related to the verification of compliance with legislation. In case of evasion of appearance, an official and another citizen, including an individual entrepreneur, shall be forcibly delivered by law enforcement agencies by order of the prosecutor.
The system of prosecutor's offices includes the Prosecutor General's Office of the Republic of Belarus, prosecutor's offices of regions, the city of Minsk, which are legal entities, prosecutor's offices of districts, districts in cities, cities, inter-district and equivalent transport prosecutor's offices, as well as other state organizations created within the system of prosecutor's offices by decision of the President of the Republic of Belarus.
The Prosecutor General's Office of the Republic of Belarus is the central body of the system of prosecutor's offices.
The Prosecutor General's Office of the Republic of Belarus is headed by the Prosecutor General of the Republic of Belarus.
The Prosecutor General of the Republic of Belarus has deputies.
The Prosecutor General's Office of the Republic of Belarus:
- supervises the work of the prosecutor's offices, ensures coordination and consistency of actions of the prosecutor's offices in the main areas of their activities;
- analyzes the practice of prosecutorial supervision and the state of legality in the Republic of Belarus;
- interacts with other state bodies in ensuring legality and law and order;
- organizes and conducts professional development of prosecutorial staff;
- participates in norm-setting activities;
- represents the prosecutor's offices in international relations;
- performs other functions stipulated by this Law and other legislative acts.
The Prosecutor General of the Republic of Belarus heads the system of prosecutor's offices, organizes and directs the work of the prosecutor's offices, exercises control over their activities and is responsible for the fulfillment by the prosecutor's offices of the tasks assigned to them, issues orders, directives and gives instructions that are binding on all prosecutorial staff and employees of the prosecutor's office, and also exercises other powers in accordance with legislative acts.
Regional prosecutor's offices, the city of Minsk prosecutor's office are headed by corresponding prosecutors who have deputies.
Prosecutors of regions, the city of Minsk are subordinate and accountable to the Prosecutor General of the Republic of Belarus.
Prosecutors of regions, the city of Minsk direct the activities of the corresponding prosecutor's offices and subordinate prosecutor's offices, issue orders, directives and give instructions that are binding on all subordinate prosecutorial staff and employees of the prosecutor's office, and also exercise other powers in accordance with legislative acts.
District prosecutor's offices, city district prosecutor's offices, city prosecutor's offices, inter-district and equivalent transport prosecutor's offices are headed by corresponding prosecutors who have deputies.
Prosecutors of districts, city districts, cities, inter-district and equivalent transport prosecutors direct the activities of the corresponding prosecutor's office, issue orders, directives and give instructions that are binding on all subordinate prosecutorial staff and employees of the prosecutor's office, and also exercise other powers in accordance with legislative acts.
Service in the prosecutor's offices is state service in the Republic of Belarus.
The procedure and conditions for service by prosecutorial staff are regulated by this Law, the Regulation on Service in the Prosecutor's Offices of the Republic of Belarus, approved by the President of the Republic of Belarus, legislation on state service, as well as labor legislation.
A citizen of the Republic of Belarus with higher legal education and possessing the necessary professional and moral qualities, as well as meeting other requirements stipulated by legislation on state service, may be appointed to the position of prosecutorial staff.
In exceptional cases, a citizen with other higher education may be appointed to the position of prosecutorial staff.
Persons not younger than 25 years of age with at least three years of service as prosecutorial staff are appointed to the position of prosecutor of a district, city district, city, and equivalent transport prosecutor, and persons with at least five years of service as prosecutorial staff are appointed to the position of prosecutor of a region, the city of Minsk, unless otherwise established by the Regulation on Service in the Prosecutor's Offices of the Republic of Belarus.
Contracts are concluded with citizens entering service in the prosecutor's offices.
Prosecutorial staff are subject to state protection, carried out in the manner established by legislation.
Prosecutorial staff have the right to carry and store service or combat weapons and ammunition issued to them for temporary use, special means, as well as to use and employ them in the established manner.
ACTS OF PROSECUTORIAL SUPERVISION
Representation
- A Representation is an act of prosecutorial supervision containing a demand to eliminate violations of legislation, the causes and conditions that contribute to these violations.
- A Representation is submitted by a prosecutor or their deputy to a state body, other organization, or official who is authorized to eliminate the committed violations and take measures to eliminate the causes and conditions contributing to them. The Representation is subject to immediate consideration. Within one month from the date of receipt of the Representation, appropriate measures must be taken to fulfill the requirements contained therein. Within the same period, the prosecutor or their deputy must be informed in writing of the measures taken to implement the Representation.
- When a Representation is considered by a collegial body, the prosecutor or their deputy is informed in advance of the date, time, and place of the meeting of this body. The prosecutor or their deputy, as well as another prosecutorial staff member at their instruction, have the right to participate in the consideration of the Representation.
Protest
- A Protest is an act of prosecutorial supervision that a prosecutor or their deputy lodges against legal acts and decisions (actions) that contradict legislation of republican government bodies and other state organizations subordinate to the Council of Ministers of the Republic of Belarus, local representative, executive and administrative bodies, other organizations, officials, and individual entrepreneurs.
- A protest is submitted to the state body, other organization, official, or individual entrepreneur that adopted a legal act or decision contrary to the law (committed an illegal action), or to the court.
- In the protest, the prosecutor or their deputy demands the annulment or amendment of the legal act, decision contrary to the law, or the cessation of the illegal action.
- The protest is subject to mandatory consideration by the relevant state body, other organization, official, or individual entrepreneur no later than ten days from the date of its receipt, and by local representative bodies – at the nearest session. In exceptional circumstances requiring immediate elimination of violations of the law, the prosecutor or their deputy has the right to set a reduced period for considering the protest. The results of the protest consideration are immediately reported to the prosecutor or their deputy in writing.
- The submission of a protest suspends the execution of the protested legal act or decision (action).
- When a protest is considered by a collegial body, the prosecutor or their deputy is informed in advance of the date, time, and place of the meeting. The prosecutor or their deputy, as well as another prosecutor's employee at their instruction, has the right to participate in the consideration of the protest.
- The protest, before its consideration, may be withdrawn by the prosecutor or their deputy who submitted it, or by a higher prosecutor.
- In case of rejection of the protest of the prosecutor or their deputy, submitted in the manner prescribed by this Law (except for a protest against court decisions), or if it is not considered within the established period, the prosecutor or their deputy may submit a protest to a higher state body, other organization (higher official).
- If, within the periods specified in paragraph 3 of this article, the higher state body, other organization (higher official) does not annul the protested legal act or decision (action), the prosecutor or their deputy who submitted such a protest has the right to apply to the relevant court with a statement for the annulment of the legal act or decision (action) contrary to the law. The filing of a statement to the court by the prosecutor or their deputy suspends the effect of the protested legal act or decision (action).
- The submission, consideration, and resolution of a protest and a prosecutor's statement in court are carried out in the manner prescribed by procedural legislation.
Resolution
- A resolution is an act of prosecutorial supervision containing, depending on the nature of the violation of the law, a motivated decision of the prosecutor or their deputy to initiate a criminal case, disciplinary proceedings, or to bring a person to material liability. A resolution as an act of prosecutorial supervision may also be issued in other cases of expressing a demand arising from the prosecutor's powers.
- When supervising the execution of the law during pre-trial proceedings, preliminary investigation, and inquiry, a resolution is issued in accordance with the Criminal Procedure Code of the Republic of Belarus.
- A resolution to initiate disciplinary proceedings or to bring a person to material liability is subject to execution by the relevant state body, other organization, or official within ten days from the date of its receipt.
- Other resolutions are subject to consideration and execution within the period established by the prosecutor or their deputy.
- The results of the resolution consideration are reported to the prosecutor or their deputy in writing.
- The resolution, before its execution, may be withdrawn by the prosecutor or their deputy who issued it, or by a higher prosecutor.
Order
- An order is an act of prosecutorial supervision to eliminate violations of the law, issued by the prosecutor or their deputy in case of a violation of the law that is evident and may cause significant harm to the rights and legitimate interests of citizens, including individual entrepreneurs, and organizations, public and state interests, if it is not immediately eliminated.
- The order is sent to the state body, other organization, official, or individual entrepreneur that committed the violation of the law, or to a higher state body, other organization (higher official) authorized to eliminate such a violation.
- The order must contain an indication of the legislative act that has been violated, the nature of the offense, and specific proposals for measures to eliminate it.
- The order is subject to immediate execution, and the head of the prosecutor's office or their deputy is informed of this no later than five working days from the date of its receipt (announcement).
- A state body, other organization, official, or individual entrepreneur may appeal the order to a higher prosecutor, unless otherwise provided by legislative acts, who is obliged to consider the complaint within ten days from the date of its receipt and inform the applicant of the results of the consideration. The appeal does not suspend the execution of the order. The decision of the higher prosecutor on the complaint may be appealed in court.
Official Warning
- An official warning is an act of prosecutorial supervision regarding the inadmissibility of repeated commission of offenses by an official, other citizen, which entail liability established by legislative acts, or preparation for the commission of unlawful actions by them, announced to such an official, other citizen for the purpose of preventing them from committing offenses.
- An official warning issued by the prosecutor or their deputy is sent to the official, other citizen in respect of whom it is issued, or announced to them personally against receipt.
If they disagree with the official warning, the official, other citizen in respect of whom it is issued, has the right to appeal it to a higher prosecutor, unless otherwise provided by legislative acts. The decision of the higher prosecutor on the complaint may be appealed in court.