The Russian Federation

Replies to the questionnaire

for the preparation of Opinion No.11 of the CCPE

“Quality and efficiency of the work of prosecutors,

including as regards the fight against organised crime and terrorism”

1. Does the prosecution service in your country work strategically with ensuring quality in the work of prosecutors? If yes, how is that done?

Yes, the Russian Prosecution Service carries out such work. This work is articulated around the following key pillars:

-         Improvement of training, professional development, fostering and placement of the staff;

-         Increasing the efficiency of organizational and analytical work in the prosecution bodies; development of assessment criteria and regular evaluation of the quality of the prosecutorial work, the level of its compliance with the tasks and challenges the modern Russian society is facing now and in the strategic long-term vision (holding colleges, coordination meetings, annual summarizing of the results and so on);

-         formulating the aims in the area of improving the efficiency of prosecutorial activities in various regulation and management documents and strategies for the development of the Prosecution Service;

-         development of the system of overseeing the prosecutorial activities, by introducing a system of key performance indicators, which includes  the assessment of: a) public satisfaction with the prosecutorial activities; b) efficiency of organization of internal processes and procedures; c) development of prosecutors and d) financial costs;

-          improvement of the system of periodic prosecutors’ attestation;

-         raising the quality of methodological work;

-         improvement of the system of motivation of the prosecutor’s activities, including both financial and non-financial (moral) incentives for prosecutors to foster their conscientious and good work, and application of disciplinary measures to prosecutors for inappropriate fulfilment of their obligations.

1)    Work on training, qualification development, fostering and placement of the staff

The work on  forming a highly professional prosecutors’ corps is carried out in accordance with the provisions of Federal laws No.2201-1  of 17.01.1992 “On the Prosecution Service of the Russian Federation”, No.79-FZ of 27.07.2004  “On the State Civil Service of the Russian Federation”, No.273-FZ 25.12.2008 “On Countering Corruption” and with the General Principles of Official Conduct of Civil Servants, approved by Decree of the President of the Russian Federation No.885 of 12.08.2002, and the requirements of regulatory and administrative documents of the Prosecutor General of the Russian Federation.

Pursuant to paragraph 1 of Order of the Prosecutor General of the Russian Federation No.80 of 20.02.2013 “On the Main Areas of Work with the Staff in the Bodies and Institutions of the Prosecution Service of the Russian Federation” such work with the staff is viewed as one of the main instruments of raising the effectiveness of the activities  of the prosecution system at the present stage.

The system of training and qualification development of prosecutors

Article 43.5 of the Federal law “On the Prosecution Service of the Russian Federation” stipulates that the professional training of the staff for the Prosecution Service is performed in scientific and educational institutions of the Prosecution Service, and in other educational institutions including on the basis of an agreement on the prosecutor’s office-sponsored admission and (or) agreement on targeted education for the Prosecution Service, signed in accordance with the legislation of the Russian Federation.

Besides, the training of prosecutors under the program of post-graduate preparation of scientific and teaching staff with full-time attendance is carried out in scientific and educational institutions of the Prosecution Service.

Order of the Prosecutor General No.373 of04.10.2010 (with amendments as of 03.09.2012) “On Improvement of the System of Professional Training, Qualification Development and Professional Re-Training of Prosecutors in the Russian Federation” provides that the key aims of professional training include fostering of professional-psychological qualities and skills of prosecutors which are necessary for successful addressing concrete practical tasks, improvement of the style and methods of work of the chief officials of the prosecution service with regard to management, training and fostering of the subordinate staff, introducing in practice  new forms and methods of work, foundations of scientific management of work, promotion in service (paragraph 1.4).

At present the system of professional training of the staff for the Prosecution Service includes:

-         the education of students in the Academy of the Prosecutor’s Office of the Russian Federation (hereinafter referred as the “Academy”) and in its institutes (branches), and also in the institutes of the Prosecution Service within some educational institutions of higher education (hereinafter refeeres as the “Educational institutions”);

-         training of young specialists in interregional centers of professional training;

-         trainees at the faculties of the Academy and at its institutes (branches) implementing the advance development  and professional in-training  programs;

-         participation of prosecutors and civil servants in the work of conferences, seminars conducted on a permanent basis, practical training in structural subdivisions of the Prosecutor General’s Office of the Russian Federation, subdivisions of prosecutor’s offices of the constituent entities of the Russian Federation, prosecutor’s offices of an equivalent status, the use of preceptorship and  self-education in accordance with individual plans.

Each element of this system has its peculiarities.

First, the distinguishing feature  of students’ training in accordance with programs of higher education at the law faculty of the Academy, at Law Institutes (branches) of the Academy in Irkutsk, Crimea and Saint-Petersburg, in three Prosecutor’s Institutes which were established in accordance with the Decree of the Government of the Russian Federation  within Kutafin Moscow State Law University named after O. Kutafin, and Urals State Law University (the city of Ekaterinburg), and in Saratov State Law Academy, is the prosecutor-oriented training program, introduction of special subjects and courses addressing prosecutorial issues, individual approach to students, permanent appraisal of their personal and business qualities. The Prosecutor General’s Office of the Russian Federation and the above institutions signed agreements providing both for education and employment of those graduates who were enrolled on condition of their future recruitment in prosecutor’s offices. Moreover, prosecutor-oriented training of a small group of law specialists for the prosecution system is performed at the law faculty of Lomonosov Moscow State University.

It is noteworthy that in order to become students those who are going to study under prosecutor-oriented program participate in general competitive selection of applicants. This entails additional responsibilities for the personnel departments of the prosecutor’s offices of the constituent entities of the Russian Federation related to the organization quality selection of the candidates entering the education institutions who are willing to serve in the Prosecution System and who meet health requirements for such service.

At present prospective students are obliged to go through professional psychological screening (test) during which the candidate’s individual and other qualities required for prosecutorial activities are identified.

The referrals are issued by the prosecutor’s offices of the constituent entities of the Russian Federation for entering the academic institutions which provide prosecution-sponsored training of students for the Prosecution Service only upon careful examination of business and personal qualities of prospective students.

The personnel departments of such prosecutor’s offices cooperate with the deanery and curators of study groups throughout the whole training period.

Second, the number of specialists trained in the framework of targeted education, does not fully meet the prosecution system’s need for personnel[1]. At present the staff for the prospection service is, for the most part, selected from the graduates of other academic institutions.

In this connection such young specialists (prosecutors with work experience up to three years), in accordance with the prescribed procedure, are accordingly  trained in interregional centers of professional training which are established in the prosecutor’s offices of the Khabarovsk territory, the Sverdlovsk and Saratov regions, and in Saint-Petersburg.

Third, prosecutorial staff participate in permanent seminars of the Prosecutor General’s Office of the Russian Federation and some of its structural subdivisions, the Academy, departments of the Prosecutor General’s Office of the Russian Federation in federal districts, prosecutor’s offices of the constituent entities of the Russian Federation and prosecutor’s offices of an equivalent status. For example, sessions on countering corruption were held with participation of the specialists from the Russian Ministry of Labour and the Academy, in February 2016.

Fourth, prosecutorial staff with more than three years’ work experience usually raise their professional qualification once in every five years in the institutes of the Academy.

Quite often, the training sessions (lectures, seminars, professional simulation exercises) are attended, together with professors and teachers of the institutes of the Academy, by the heads of structural divisions of the Prosecutor General’s Office of the Russian Federation, prosecutor’s offices of the constituent entities and the prosecutor’s offices of an equivalent status.

Prosecutorial staff and civil servants of the Prosecution Service also raise their professional level in the Presidential Academy of National Economy and Public Administration. In 2014, in particular, the prosecutors of the prosecutor’s offices of the Republic of Crimea and the city of Sevastopol received training in this Academy.

Fifth, a person before being appointed to the position of a city, district or special prosecutor is obliged to receive training at the Academy or at its institutes (branches) under the professional retraining program.

The education under this program aims to train members of the prosecutor’s office included in the staff reserve for prospective promotion to the positions of city and district prosecutors and prosecutors of an equivalent status who faithfully fulfil the responsibilities imposed on them and possess the necessary professional expertise and practical experience, organizational skills and appropriate moral qualities for carrying out a new professional activity. The graduates who had been trained under this program should conform to the qualification requirements for the position of city and district prosecutors and prosecutors of an equivalent status.

Sixth, practical training of respective prosecutorial staff is conducted in the structural subdivisions of the Prosecutor General’s Office of the Russian Federation, in prosecutor’s offices of the RF constituent entities and in prosecutor’s offices of a similar status with a view to raising their professional level. Such training is carried out on the basis of special plans which address the need of the workers for acquiring concrete skills of documents preparation, learning prosecutorial and judicial practice, getting deeper knowledge in other areas of prosecutorial activities.

The practical training ends with obligatory interview with the head of the division where the person had been on probation. According to the results of the probation a final reference is issued reflecting the professional, business and personal qualities of the worker who had been on probation.

Seventh, such form of qualification development as preceptorship (that is a  more experienced worker being assigned as a mentor for a young prosecutor). Preceptorship is considered a traditional form of educational work which has a positive fostering effect on the young generation. The guided persons study the decisions of the Constitutional Court of the Russian Federation, European Court of Human Rights, plenums of the Supreme Court of the Russian Federation, orders of the Prosecutor General of the Russian Federation, decisions of the Collegium of the Prosecutor General’s Office of the Russian Federation, methodological recommendations, information letters.

The eighth element of the system of special training of personnel is dissertation researches on obtaining academic degrees of candidates and PHDs[2] by the prosecutors showing abilities for scientific and pedagogical scientific activity. The personnel divisions of the Prosecution Service study the professional level of the staff with a view to identifying prosecutors who possess abilities for scientific and scientific-pedagogical activity. Such workers are issued references for post graduate training in the Academy.

The Prosecution Service of the Russian Federation, at the request of some foreign partners, provides assistance in training and qualification development of its national prosecution staff (in particular, from Vietnam, Cuba, South Ossetia)

2)  Organizational-analytical and methodological work

The organizational provision of the activity of the Prosecutor General of the Russian Federation on efficient management of the prosecution system, including planning of work and its analysis, elaborating and drafting administrative decisions, control over execution of organizational-regulatory documents is imposed on its General Organizational and Analytical Department.

The main functions of this Department of the Prosecutor General’s Office of the Russian Federation also include:

- providing full and reliable information to the Prosecutor General of the Russian Federation about the current situation in the country, and implementing the instructions made in connection with emergency situations and serious crimes;

- organisational support for the activities of the law enforcement bodies  of the Russian Federation in combating crime;

- elaboration of uniform policy to ensure a single state statistical record of the applications and crime reports, the state of  criminality, number of detected criminal cases, the state  and results of the investigative work and prosecutorial supervision, and establishing the uniform procedure for drafting and providing account reports in the prosecution bodies;

- management of compiling and keeping statistical databases, which are considered the state information resources and reflect the state of criminality and results of crime combating.

In order to fulfil the above tasks and functions organizational and analytical units have been established in some large divisions of the Prosecutor General’s Office of the Russian Federation (for example, in the General Department for Criminal Court Proceedings, on the General Department of International Legal Cooperation).

Organizational and analytical units are established in prosecutor’s offices of all 83 constituent entities of the Russian Federation.

The departments of the Prosecutor General’s Office of the Russian Federation and prosecutor’s offices of the constituent entities of the Russian Federation and specialized prosecutor’s offices of an equivalent status carry out active methodological work by sending to the subordinate prosecutor’s offices methodological instructions and information letters, including on positive and negative experience of prosecutorial activities.

3)  The system of material and moral incentives and rewards

Article 44 of the Federal Law “On the Prosecution Service of the Russian Federation” (Financial Provision and Social Security of Prosecution Staff) provides that the pay of prosecution staff shall consist of: the salary of office; bonus for grade rank, for length of service, for special conditions of service (in an amount of 175 per cent of the salary of office), for hardships and stressfulness of service, and for high achievements in service (in an amount of up to 50 per cent of the salary of office); percentage additions to salary for doctoral degree and academic rank in the specialty corresponding to official duties, for the honorary title “Meritorious Lawyer of the Russian Federation”; quarterly and annual bonuses for service performance; other payments provided for in legislative and other normative legal acts of the Russian Federation.

Percentage additions to salary for doctoral degree and academic rank shall be paid to candidates of science (Ph.D.) or docents in the amount of 5 per cent of the salary of office, and to doctors of science (Dr.Sci.) or professors — in the amount of 10 per cent of the salary of office.

Under Article 41.6 (Incentives for the staff members) of the Federal Law “On the Prosecution Service of the Russian Federation”, for exemplary discharge by the staff of their official duties, lengthy and impeccable service in prosecution bodies and institutions, carrying out of tasks of special significance and complexity, the following incentives shall be used:

commendation;

award of a Certificate of Honour;

placing on the Board of Honour or in the Book of Honour;

award of a monetary bonus;

award of a gift or a valuable gift;

award of a personal engraved weapon: cold weapon (dirk) or fire weapon (pistol);

early conferral of grade rank or promotion to the grade rank that is one rank higher than the next one;

award of the badge “For impeccable service in the Prosecution Service of the Russian Federation”;

award of the badge “Honorary Officer of the Prosecution Service of the Russian Federation” together with the handing over of the Certificate of Honour of the Prosecutor General of the Russian Federation.

         There are other kinds of incentives established by the Prosecutor General of the Russian Federation, such as the badges “Honorary Officer of the Prosecution Service of the Russian Federation” and “For Impeccable Service in the Prosecution Service of the Russian Federation”, some agency medals. In particular, in 2015, in connection with the 70^th Anniversary of the establishment of the International Military Tribunal for the trial of major German war criminals in Nuremberg the Prosecutor General instituted the Medal of Rudenko[3].

The officers who have particularly excelled may be nominated for the award of the honorary title “Meritorious Lawyer of the Russian Federation” and state awards of the Russian Federation (medals and orders).

In accordance with the Order of the President of the Russian Federation No.1099 of 07.09.2010 (as amended on 30.12.2015) “On the Measures for Improvement of the State Awards System of the Russian Federation” the state award system of the Russian Federation includes, among other, the honorary title “Honorary Officer of the Prosecution Service of the Russian Federation”. This honorary title is awarded to the highly professional members of the Prosecution Service for their personal contribution to strengthening law and order in the Russian Federation, protection of the rights and freedom of man and citizen, fight against crime and corruption, promotion of legal foundations of the Russian society and law-making activity, training of qualified staff for the Prosecution Service of the Russian Federation.

The honorary title “Honorary Officer of the Prosecution Service of the Russian Federation” is assigned, as a rule, not earlier than 20 years since the date of beginning of the service in the prosecution bodies of the Russian Federation and provided the nominee for the title has interagency awards of the Federal state authority, prosecutor’s offices of the Russian Federation or federal state bodies of the constituent entities of the Russian Federation.

4)    Disciplinary responsibility

Any newly appointed prosecutor shall take the Oath of Office of the Prosecutor.

 By Order of the Prosecutor General of the Russian Federation No.114 of 17.03.2010 “On Approval and Introduction of the Code of Ethics of the Prosecutor of the Russian Federation and the Concept of Educational Work in the Prosecution System of the Russian Federation” a Code of Ethics was endorsed for the prosecutor of the Russian Federation.

Section 5 of the Code deals with responsibility of the prosecutor for violation of the Code provisions. In particular, the following punitive measures may be applied by the head of the prosecutor’s office personally or, where appropriate, in the presence of staff members: verbal reprimand, warning on inadmissibility of unethical behavior, demand to make a public apology.

The violation by the prosecutor of the Code norms which manifested itself by the misbehaviour which disgraces the honour of the member of the Prosecution Service shall be a ground for bringing him/her| to disciplinary liability.

In accordance with Article 41.7 of the Federal Law for failure to discharge or improper discharge of their official duties and misconduct discrediting the honour of a prosecution officer, the heads of prosecution bodies and institutions shall have the right to impose the following disciplinary penalties on them:

admonition;

reprimand;

severe reprimand;

demotion in grade rank;

deprivation of the badge “For Impeccable Service in the Prosecution Service of the Russian Federation”;

deprivation of the badge “Honorary Officer of the Prosecution Service of the Russian Federation”;

warning of the deficiency of fitness for the official position taken;

dismissal from the prosecution bodies.

         The above penalties are also imposed for failure by an officer to comply with restrictions and prohibitions, requests for prevention or resolution of conflict of interests, and failure to discharge duties imposed with a view to countering corruption.  In addition, under Article 41.9 of the Federal Law an officer shall be subject to dismissal from office pursuant to the procedure laid down in the laws of the Russian Federation regulating issues of service in prosecution bodies, due to loss of confidence in the following cases:

-         failure by the officer to take measures to prevent and/or resolve a conflict of interests whereto he was a party;

-         failure by the officer to submit information on his income, expenses, property and property liabilities, as well as on the income, assets, expenses, property and property liabilities of his spouse and minor children, or submitting knowingly unreliable or incomplete information;

-         participation of the officer, on a paid basis, in the activities of a management body of a commercial organisation, with the exception of cases provided for in a federal law;

-         conduct of business activities by the officer;

-         the officer being a member of a management body, board of trustees or supervisors, or another body of a foreign non-commercial non-governmental organisation or its organisational unit operating in the territory of the Russian Federation, if not provided for otherwise in an international treaty of the Russian Federation or the laws of the Russian Federation;

-         violation by the prosecutor, his/her spouse and  minor children in the cases provided for by the Federal Law “On Prohibition for Certain Categories of Persons to Open and Have Accounts (Deposits), Keep Cash Money and Valuables in Foreign Banks Situated Outside the Russian Federation, Own and (or) Use Foreign Financial Instruments”  of the prohibition to open and have accounts (deposits), keep cash money and valuables in foreign banks situated outside the territory of the Russian Federation, own and (or) use foreign financial instruments.

It is provided that the head of prosecution body or institution to whom it has become known that an officer subordinate to him gained a personal interest which leads or can lead to a conflict of interests, shall also be subject to dismissal due to loss of confidence in the event of failure to take measures to prevent and/or resolve a conflict of interests whereto the officer subordinate to him is a party, pursuant to the procedure laid down in the laws of the Russian Federation regulating issues of service in prosecution bodies.

The key criteria for ensuring the high quality and efficiency of the work of the prosecutors are:

-         professional competence of prosecutors;

-         their personal moral and business qualities;

-         impartiality and independence  of prosecutors in carrying out their professional activity;

-         creation of necessary material conditions for the life and activities of prosecutors.

In accordance with Article  40.4 of the Federal Law “On the Prosecution Service of the Russian Federation”, the person newly appointed to the position of a prosecutor shall take the following Oath of the Prosecutor:

 “I dedicate myself to serving the Law, and I do solemnly swear:

 to scrupulously abide by the Constitution of the Russian Federation, the laws and international obligations of the Russian Federation, not allowing even a slightest deviation from them;

to fight without compromise against any violations of the law, whoever has committed them, to seek achieving high efficiency of prosecutorial supervision;

to actively protect the interests of an individual, society and the state;

to mindfully and carefully consider any proposals, applications and complaints of citizens, to be fair and impartial in deciding people’s fates;

to strictly keep state secrets and other secrets protected by the law;

to constantly improve my professional skills, value my professional honour, be a model of integrity,  moral purity, and decency, scrupulously preserve and enrich the best traditions of the Prosecution Service.

I am aware that any violation of this Oath will be inconsistent with my further service in prosecution bodies”.

By Order of the Prosecutor General of the Russian Federation No.114 of 17.03.2010 (as amended on 22.04.2011) “On Approval and Introduction of the Code of Ethics of the Prosecutor of the Russian Federation and the Concept of Educational Work in the Prosecution System of the Russian Federation” a Code of Ethics was endorsed for the prosecutor of the Russian Federation.

Its preamble states that successful implementation of the tasks faced by the bodies and institutions of the Prosecution Service of the Russian Federation, such as ensuring the rule of law, unity and strengthening the legal order, protection of human rights and freedoms and law-protected interests of society and the state may be pursued only on the basis of high professionalism, honesty and integrity of prosecutors, their independence and fairness, the ability to counter any attempts of exerting improper influence on the results of official activities.

By the Orders of the Prosecutor General of the Russian Federation qualification requirements have been established for the offices of the prosecutor of the city, district and the prosecutor of an equivalent status (Order No.316 of 12.08.2010), deputy prosecutor of the city, district and the prosecutor of an equivalent status (Order No.5 of 09.01.2013), assistant prosecutor of the city, district and the prosecutor of an equivalent status (Order No.378 of 02.11.2011), and qualification requirements for special professional training of the graduates of the Academy for working in the Prosecution Service (Order No.519 of 28.11.2013).

When candidates are selected for the Prosecution Service and prosecutors appointed to higher positions assessment is performed of their knowledge, skills and expertise in accordance with the above mentioned qualification requirements.

2. Which criteria are considered crucial in your country for securing the highest quality and efficiency of the work of prosecutors: their independence, impartiality, human and material resources, conditions of work etc.? Please briefly describe.

Crucial criteria to ensure high quality and efficiency of the work of prosecutors are as follows:

– professional competence of prosecutors;

– their personal moral qualities and professional aptitude;

– impartiality and independence of prosecutors in the exercise of professional activity;

– creation of necessary material conditions for the life and work of prosecutors.

In accordance with the requirements of Article 40⁴ of the Federal Law "On the Public Prosecutor’s Office of the Russian Federation", the person for the first time appointed to the position of the Prosecutor shall take the following Oath of the Prosecutor:

"Devoting myself to the service of the Law, I solemnly promise:

to sacredly observe the Constitution of the Russian Federation, laws and international obligations of the Russian Federation, avoiding the slightest deviation from them;

to irreconcilably fight with any violations of the law, whoever committed, achieve high efficiency of prosecutorial supervision;

to actively protect the interests of individuals, society and the state;

to sensitively and attentively treat the suggestions, applications and complaints of the citizens,

to continuously maintain objectivity and fairness in the decision of people’s fates;

to strictly keep state and other secrets protected by law;

to constantly improve my skills, cherish my professional honor, to be a model of integrity, moral purity, modesty, to cherish and enrich the best traditions of Public Prosecutor’s Office.

I am aware that violation of the Oath is incompatible with the further stay in the bodies of Public Prosecutor’s Office".

By the Order of the Prosecutor General of the Russian Federation No. 114 dated 17.03.2010 (as amended on 22.04.2011) "On approval and enactment of the Code of Ethics of a prosecutor of the Russian Federation and the Concept of Educational Work in the system of Public Prosecutor’s Office of the Russian Federation", the Government approved the Code of Ethics of a prosecutor of the Russian Federation. In its preamble, it is indicated that the successful implementation of tasks faced by the bodies and organizations of Public Prosecutor’s Office of the Russian Federation with regard to ensuring the rule of law, unity and strengthening of legality, protection of the rights and freedoms of man and citizen, as well as legally protected interests of society and the state, can be exercised only on the basis of high professional competence, honesty and integrity of prosecutors, their independence and impartiality, the ability to resist any attempts to improperly influence the performance of their official activities.

The orders of the Prosecutor General of the Russian Federation approved qualifying characteristics of positions (qualification requirements for positions) of city prosecutor, district prosecutor and equivalent prosecutor (order No. 316 dated 12.08.2010), city deputy prosecutor, district deputy prosecutor, equivalent prosecutor (order No. 5 dated 09.01.2013), city prosecutor assistant, district prosecutor assistant and equivalent prosecutor (order No. 378 dated 02.11.2011), as well as qualification requirements to special training of graduates of the Academy of the Prosecutor General’ Office of the Russian Federation to serve in the bodies of Public Prosecutor’s Office (order No. 519 dated 28.11.2013).

When carrying out selection of candidates for service in the bodies of Public Prosecutor’s Office and performing the appointment of prosecutors to higher positions, their knowledge, skills and abilities are in conformity with the specified qualification requirements.

3. Are there any indicators, formal or informal, which are used in your country to assess the quality and effectiveness of the work of prosecutors, for example, the number of cases considered, the length of the consideration, the complexity of the cases considered, etc.? Please briefly describe.

Performance indicators of the work of a prosecutor are divided as follows:

- quantitative indicators (e.g. the number of criminal cases launched, the number of persons prosecuted, the number of prosecutorial inspections held, including jointly or simultaneously with other bodies, the total number of violations of laws established, the amount of acts of prosecutorial response introduced);

- qualitative indicators (completeness of establishment of violations of the laws and circumstances contributing to them, the actual elimination of violations of the laws and circumstances contributing to them, the actual restoration of violated rights, freedoms and legitimate interests, the actual compensation of the harm caused by offenders, etc.);

- performance indicators (the number of offences committed, including crimes committed for a certain period of time – quarter, six months, year, total harmful consequences of the offences committed, and others). Performance indicators give a possibility to track the changes in the state of law, i.e., to establish the number of offences compared with the previous period.

There are also informal indicators:

– evaluation by the population of the activities of prosecutors through opinion polls, media analysis, consideration of complaints and statements;

– evaluation of the work of prosecutors by state bodies and public organizations.

By the order of the Prosecutor General of the Russian Federation No. 417/11R dated 30.11.2011, a working group to improve information and analytical work and the formulation of evaluation criteria and the effectiveness of the prosecution authorities has been established.

Within the framework of the activities carried out by this group, the Office for Legal Statistics of the Main Organizational and Analytical Department in conjunction with the Academy of Prosecutor General’s Office of the Russian Federation have developed criteria for evaluating the effectiveness of the bodies of Public Prosecutor’s Office in the main areas of activity.

The concerned departments of the Central Office of the Prosecutor General’s Office of the Russian Federation have conducted testing of one of the components of this evaluation by interviewing prosecutors, supervising the activities of the public prosecutor’s offices of constituent entities of the Russian Federation and equivalent transport public prosecutor’s offices.

According to the project, model to assess efficiency of activity of the bodies of Public Prosecutor’s Office consists of two components:

Intra-systemic evaluation of the effectiveness of the work of Public Prosecutor’s Office of a constituent entity of the Russian Federation on the basis of statistical indicators (objective evaluation);

evaluation of the effectiveness of the work of the bodies of Public Prosecutor’s Office conducted by expert community by means of interviewing prosecutors, supervising the activities of the public prosecutor’s offices of constituent entities of the Russian Federation and equivalent specialized public prosecutor’s offices (subjective evaluation).

The list of objective indicators in evaluating the work of a prosecutor is formed on the basis of quantitative data of existing forms of state and departmental statistical reporting.

In addition, the list of subjective indicators has been formed based on the evaluation of the work of public prosecutor’s offices of constituent entities of the Russian Federation on the directions of activities performed by the relevant departments of the Prosecutor General’s Office of the Russian Federation.

The final place of Public Prosecutor’s Office is determined by calculating the total quantitative values of the objective indicators with regard to the volume of the work performed by prosecutors, taking into account the work load of prosecutors in the areas of supervision, its performance and quality in relation to staff numbers, as well as points of subjective evaluation of the work of prosecutors in the areas of supervision allotted by the structural subdivisions of the Central Office of the Prosecutor General’s Office of the Russian Federation.

A pilot survey of structural divisions of the Prosecutor General of the Russian Federation has been organized based on questionnaires and tables with criteria and indicators prepared together with the Academy of Prosecutor General’s Office of the Russian Federation.

According to the results of generalization of tables received, the Office for Legal Statistics of the Main Organizational and Analytical Department has formed a compendium of materials "Criteria and indicators to evaluate activity of public prosecutor’s offices of constituent entities of the Russian Federation" for 2013 – 2014 and 1^st half of 2015.

Analysis of the results of comparative studies has shown that most of the results of evaluation of activities of public prosecutor’s offices of constituent entities of the Russian Federation are confirmed by the decisions of the heads of the Prosecutor General’s Office of the Russian Federation and the information certificates on the visits to the regions to carry out inspections of the work of prosecutors.

It should also be noted that partly such approach to effectiveness evaluation, especially with regard to intra-systemic evaluation, is actually put into practice in accordance with the decree of the Prosecutor General of the Russian Federation No. 58 dated 07.02.2013 "On approval of the Regulations on the application of common approaches in the preparation and examination of the activity of public prosecutor’s offices of constituent entities of the Russian Federation and equivalent public prosecutor’s offices". It defines the List of key issues to be studied and evaluated when conducting a comprehensive and sector-specific inspection with regard to the organization of activities of public prosecutor’s offices of constituent entities of the Russian Federation and equivalent specialized public prosecutor’s offices.

4. Is there a formal or informal procedure for evaluation of the work of prosecutors, how often it is evaluated, by whom, and with what consequences? Do the prosecutors have the right to raise formal or informal objections to the results of the evaluation and to its consequences?

The procedure of prosecutorial attestation is conducted to determine the compliance of a prosecutor with the official position held and the strengthening of service discipline.

The order of the Prosecutor General of the Russian Federation No. 242 dated 20.06.2012  (as amended on 22.04.2015) "On approval of the Regulations on the procedure for conducting attestation of prosecutors bodies and institutions of public prosecutor’s office of the Russian Federation" stipulates that attestation of public prosecutors is carried out in order to determine the compliance of a prosecutor with the official position held and is intended to promote improvement of activity of prosecutorial bodies and organizations with regard to recruitment, placement and training of employees, to determine the level of training of employees, to increase responsibility of employees for their work performance and strengthening of labor discipline, to create a personnel reserve for promotion to higher positions, to address issues on the award of the initial class ranks to employees, as well as to elaborate proposals for consideration at the session of the Commission of the Prosecutor General’s Office of the Russian Federation on the preliminary consideration of candidates for the positions of public prosecutors of constituent entities of the Russian Federation, equivalent prosecutors, and the extension of their powers.

The procedure of prosecutorial attestation shall be conducted at least once every five years. In some cases, it is possible to carry out extraordinary prosecutorial attestation.

The composition of the Attestation Commission consists of the Chairman of the Attestation Commission, Vice-Chairman of the Attestation Commission and members of the Attestation Commission, which are the heads of structural subdivisions of the bodies and institutions of Public Prosecutor’s Office of the Russian Federation or their deputies, as well as the Secretary of the Attestation Commission. The composition of the Attestation Commission may include a representative of the Trade Union organization (if there is any elective body of primary Trade Union organization), members of veterans’ organizations, as well as bodies and institutions of Public Prosecutor’s Office of the Russian Federation.

Attestation Commission performs evaluation of the professional qualities of an employee (diligence, discipline, initiative), examines specific indicators of professional activity of an employee, including taking into account the quality of performance of his duties, compliance with the statutory prohibitions and restrictions related to the service in the bodies and institutions of Public Prosecutor’s Office, fulfilling the requirements to service behavior, etc.

If necessary, an employee is given recommendations for elimination of deficiencies in the work and improvement of the efficiency of service activity.

According to the results of the attestation, the Attestation Commission shall take one of the following decisions:

- on the compliance with the position held;

- on incomplete official compliance with the position held;

- on incompliance with the position held.

In connection with the existing significant deficiencies in performance of the official activity by an employee and absence of grounds to adopt one of the above decisions, the Attestation Commission shall be entitled to suspend attestation of an employee for a period not exceeding six months, to give recommendations on elimination of shortcomings, to instruct an appropriate supervisor (usually, a direct supervisor) to monitor the implementation of the recommendations given by the Attestation Commission, to hear a supervisor and his employee after the established deadline at its session with consideration of the issues related to the measures taken to eliminate deficiencies, as well as to make an appropriate decision following the results of the hearing.

In case of disagreement of an employee with the decision made by the Attestation Commission, prior to approval of the decision, he can appeal it to the head of authority or organization of Public Prosecutor’s Office of the Russian Federation, and after approval – to senior prosecutor or to the court. Filing of a complaint shall suspend the implementation of the conclusions made by the Attestation Commission.

Inspection of the work of prosecutors shall be carried out in accordance with the administrative documents of the Prosecutor General’s Office of the Russian Federation.

Thus, the Regulation of the Prosecutor General’s Office of the Russian Federation (approved by the Order of the Prosecutor General of the Russian Federation No. 230 dated June 3, 2013) stipulates that official business visits are carried out for the purpose of conducting inspections of the execution of laws, activities of public prosecutor’s offices of constituent entities of the Russian Federation and equivalent specialized public prosecutor’s offices, provision of assistance in the organization of work, study of positive experience, examination of the circumstances of emergencies, on-site addressing the applications concerning violations of the law, participation in the meetings, court hearings, etc.

Visits to public prosecutor’s offices of constituent entities of the Russian Federation and equivalent specialized public prosecutor’s offices are carried out in accordance with the Action Plan of the Prosecutor General’s Office of the Russian Federation. An issue of performing visits to conduct integrated and sector-specific inspection of the organization of the work conducted by subordinate prosecutors or for the provision of practical assistance not stipulated by the Action Plan of the Prosecutor General’s Office of the Russian Federation is addressed by the Prosecutor General of the Russian Federation or his Deputy on the basis of a reasoned report submitted by head of unit, which is agreed with the supervising Deputy Prosecutor General of the Russian Federation.

For the purpose to organize the above visits, it is required to publish the order of the Prosecutor General of the Russian Federation, Deputies Prosecutor General of the Russian Federation responsible for sending or supervising the activities of departments of the Prosecutor General’s Office of the Russian Federation in the federal districts. Such order establishes the dates of visits, composition of the commission and its head.

In consultation with the heads of the Prosecutor General’s Office of the Russian Federation, inspections can be attended by the employees of public prosecutor’s offices of constituent entities of the Russian Federation, mostly from the reserve for nomination, as well as employees of the Academy of the Prosecutor General’s Office of the Russian Federation. In exceptional cases, composition of the commission can include heads of city public prosecutor’s offices, district public prosecutor’s offices, as well as other equivalent territorial and specialized public prosecutor’s offices.

The Regulation on the application of common approaches in the preparation and examination of the activity of public prosecutor’s offices of constituent entities of the Russian Federation and equivalent specialized public prosecutor’s offices, which is approved by the Order of the Prosecutor General of the Russian Federation No. 58 dated 07.02.2013  (hereinafter referred to as "the Regulation"), reflects the basic approaches to evaluate performance of the activities of inferior prosecutors by superior prosecutors, frequency and evaluation procedure, as well as composition of the commission.

The Regulation defines the common approaches in the preparation and examination of the activity of public prosecutor’s offices of constituent entities of the Russian Federation and equivalent specialized public prosecutor’s offices (hereinafter referred to as "public prosecutor’s office"), as well as establishes the list of key issues to be studied and evaluated when conducting a comprehensive inspection of the organization of prosecutorial activities.

The Regulation governs the issues of conducting comprehensive and sector-specific inspections of the activity of public prosecutor’s office.

Comprehensive inspectioninvolves conducting inspection activities for the main areas of prosecutorial activity, except for financial and economic issues, which are checked separately.

Sector-specific inspectioninvolves conducting inspection activities for one or more areas of prosecutorial activity, as well as certain sectors of oversight activities.

Comprehensive inspection aims at the study of the organization of work, ensuring comprehensive approach to oversight activities, meeting the requirements of the Federal Law "On the Public Prosecutor’s Office of the Russian Federation" and organizational and administrative documents of the Prosecutor General’s Office of the Russian Federation. In this case, when conducting comprehensive inspection, specialists analyze the impact of prosecutorial staff on inferior public prosecutor’s offices, adoption of response measures that are really affecting the state of law, including in connection with the consideration of appeals of individuals and legal entities, as well as study the role of the heads of public prosecutor’s offices in organizing activities on the main areas.

The purpose of sector-specific inspection is determined with regard to specific activity.

To identify possible shortcomings, specialists study available documents, inspection the materials and criminal cases, including on a selective basis.

Comprehensive inspection is mandatory conducted in accordance with the list of major issues to be studied and evaluated (Appendix to the Regulation), which form the basis for the establishment of a comprehensive inspection plan, as well as in accordance with the approved guidelines. The list includes issues of evaluation of the current state of work on the implementation of measures to prevent corruption, ensure of compliance of prosecutors and federal state civil servants with the restrictions and prohibitions, requirements on prevention or settlement of conflict of interests. The activities of the Attestation Commission aim at observance of the requirements to office behavior of prosecutors and settlement of conflict of interests, as well as at observance of the requirements to office behavior of federal state civil servants and settlement of conflict of interests.

When conducting a comprehensive inspection, based on major and minor issues, prosecutorial work is recognized as excellent, good, satisfactory or unsatisfactory in each area of prosecutorial activity and in general.

These evaluations are made for each major and supplementary issue and serve as the basis for the definition of sector-specific evaluation by areas of activity reflected as conclusion in appropriate references.

Based on sector-specific evaluations, specialists conduct general evaluation of prosecutorial activity, which is specified in the final certificate on the results of comprehensive inspection.

Prosecutorial work is evaluated in a similar way when conducting sector-specific inspection.

The final decision on the inspection results is made by the Prosecutor General of the Russian Federation.

Scheduled comprehensive inspection of public prosecutor’s office of a constituent entity of the Russian Federation shall be generally appointed before the end of a 5-year term of office of public prosecutor of a constituent entity of the Russian Federation or not later than 10 years from the date of the last comprehensive inspection. The necessity to conduct sector-specific inspections of prosecutorial activity is determined in the formation of the Action Plan of the Prosecutor General’s Office of the Russian Federation for the corresponding period.

Performance evaluation conducted during the inspection is an important component of internal organization of work of the bodies of public prosecutor’s office. Inspection results are taken into account during the organization and implementation of prosecutorial work in the future.

It should also be noted the specifics of activity of the prosecutors involved in consideration of criminal cases by the courts. The main criterion of work of public prosecutors is legitimate and good judgments, as well as other judicial decisions.

In order to give a relatively objective estimate of the work of a public prosecutor, it is required to conduct a full analysis of each criminal case considered with his participation.

Certain criteria to evaluate professional skills of public prosecutors are formulated in the Order of the Prosecutor General of the Russian Federation No. 551 dated 24.12.2013  (as amended on 29.10.2014) "On approval of the Regulation on holding all-Russian competition "Best public prosecutor".

Among other things, specialists also take into account the criminal cases considered with the participation of public prosecutor, including their number, complexity, categories of crime, trial procedure, composition of the court (for example, consideration of cases with the participation of jurors), as well as the quality of pre-trial preparation of a public prosecutor (knowledge of the case, interaction with the authorities conducting the preliminary investigation and with the prosecutors supervising the investigation and inquiry, determination of the tactics of presenting evidence), and the effectiveness of the measures of prosecutorial response to unlawful and ungrounded judicial decisions (quality of submissions, reasons for cancellation and change of sentences rendered with the participation of a public prosecutor on the complaints of trial participants).

The level of executive discipline, adherence to prosecutorial ethics, commitment to professional development, etc. also play an important role in the evaluation of the activities of a public prosecutor.

In addition, it is necessary to underline that one of the most important evaluation elements is the level of public confidence to public prosecutor’s office, which is periodically determined, inter alia, by conducting various citizen surveys.

5. As regards the fight against organised crime and terrorism, are there any specific conditions, criteria, procedures or indicators created for prosecutors in your country in order to:

- facilitate their work?

- evaluate their work?

The Decree of the President of the Russian Federation No. 1535 dated 11.12.2010  (as amended on 26.06.2013) "On additional measures on ensuring law enforcement" has been issued In order to improve the activities of law enforcement. According to this decree, coordination meetings on ensuring law enforcement shall be held in constituent entities of the Russian Federation.

In accordance with Article 8 of the Federal Law No. 2202-1 dated 17.01.1992 (as amended on 28.11.2015) "On the Public Prosecutor’s Office of the Russian Federation", it is the prosecutors who are charged with the coordination of activities on fight against crime conducted by the internal affairs bodies, bodies of the federal security service, bodies for control over circulation of narcotic and psychotropic substances, customs authorities and other law enforcement agencies. At the federal level, sessions of the Coordination Meeting are convened by the Prosecutor General of the Russian Federation and held under his chairmanship.

It should be noted that such coordination meetings do not substitute coordination meetings of heads of law enforcement agencies, anti-drug and anti-terrorist commissions, as well as do not interfere with the investigative and criminal procedural activity of bodies of inquiry and investigators.

Typically, the issues submitted for discussion are complex in their nature. Their addressing involves participation of the concerned territorial bodies of the federal public authorities, public prosecutor’s offices, bodies of state power of constituent entities of the Russian Federation, local self-government bodies. Joint implementation of the final documents adopted at the meetings by law enforcement authorities and public authorities of constituent entities of the Russian Federation contributes to the strengthening of the rule of law and improvement of the crime situation.

The Order of the Prosecutor General of the Russian Federation No. 7 dated 16.01.2012 "On the organization of work of public prosecutor’s offices of the Russian Federation on combating crime" has been issued to increase efficiency of such activity of public prosecutor’s offices of the Russian Federation. In particular, it provides for the implementation of the joint work of law enforcement bodies in combating corruption, extremism and terrorism, crimes in the economic sphere, as well as combating the crimes connected with illicit trafficking of drugs, weapons, other prohibited items and substances.

Independent and smooth prosecutorial activity is ensured by Article 447 of the Code of Criminal Procedure of the Russian Federation of the Russian Federation, which included a public prosecutor in the category of persons subject to special procedure of criminal proceedings. In addition, paragraph 1 of Article 42 of the Federal Law "On the Public Prosecutor’s Office of the Russian Federation", regulating the procedure for bringing prosecutors to administrative responsibility, sets one more guarantee for the independence of prosecutors – it places inspection of reporting the fact of offence committed by a public prosecutor under exclusive jurisdiction of public prosecutor’s offices.

In addition, by the Federal Law No 45-FZ dated 20.04.1995 "On the state protection of judges, officials of law enforcement agencies and controlling bodies", a public prosecutor is referred to the number of persons subject to state protection. This allows the prosecutors to perform their professional duties despite the threats to life and health.

6. Are there in your country recent legislative reforms to fight more effectively against organised crime and terrorism and how are these reforms seen in relation to the quality and efficiency of the work of prosecutors? Please briefly describe.

In recent years, a number of federal laws have been adopted with the aim of improving the efficiency of fight against terrorism. The following federal laws are of great importance.

The Federal Law No. 245-FZ dated 03.11.2009 made amendments to the Criminal Code of the Russian Federation in its Articles 35 and 210, as well as in the Code of Criminal Procedure of the Russian Federation in its Article 100. Such amendments provide, inter alia, for clearer delineation of the signs of an organized group and criminal community and differentiation of responsibility of members of organized criminal groups, as well as increased responsibility of persons occupying higher positions in criminal hierarchy, including in the form of life imprisonment.

The Federal Law No. 134-FZ dated 28.06.2013 "On amending certain legislative acts of the Russian Federation on countering illegal financial transactions" amended 22 federal laws for the purpose of creating conditions to prevent, detect and deter money laundering, terrorist financing, illegal financial transactions, receipt of the proceeds of corruption. In particular, the Federal Law No. 115-FZ dated 07.08.2001 "On countering the legalization (laundering) of income obtained by criminal means and financing of terrorism" has been amended (including taking into account recommendations of the Financial Action Task Force on Money Laundering) for the purpose of combating illegal financial operations, extending the list of organizations obligated to participate in implementation of the requirements of the specified Federal Law. In addition, the list of financial transactions subject to mandatory control is updated.

By the Federal Law No. 302-FZ dated 02.11.2013 "On amending certain legislative acts of the Russian Federation", the Criminal Code of the Russian Federation is supplemented by Articles 205³, 205⁴, 205⁵ on the responsibility for training in order to carry out terrorist activities, organization of terrorist community and participation in such community, organization of the activities of a terrorist organization and participation in such organization. In addition, it provides a mechanism for exemption in favor of the state of the property owned by close relatives of the perpetrator of a terrorist act, the legality of purchase of which they cannot substantiate.

The Federal Law No. 130-FZ dated 05.05.2014 "On amending certain legislative acts of the Russian Federation" is aimed at enhancing the protection of citizens and society from terrorism (disposition of Article 205 of the Criminal Code of the Russian Federation has been changed – destabilization of activity of bodies of state power and local self-government is attributed to a terrorist act; responsibility for training in order to carry out terrorist activities, organization of a terrorist community or participation in such community, organization of illegal armed formation or participation in such formation has been strengthened).

The new National Security Strategy of the Russian Federation approved by Decree of the President of the Russian Federation No. 683 dated 31.12.2015 aims at increasing the efficiency of combating organized crime and terrorism, including through the consolidation of efforts of the federal bodies of state power, other state bodies, bodies of state power of constituent entities of the Russian Federation, bodies of local self-government, civil society institutions.

The Decree of the President of the Russian Federation No. 664 dated 26.12.2015 "On measures to improve state management in the field of combating terrorism" has been issued in order to improve state management in the field of combating terrorism. In particular, this regulatory legal act approved the Regulation on the National Anti-Terrorist Committee.

Expansion of Russia’s participation in international anti-crime cooperation, including through the conclusion of relevant international treaties, also plays an important role. For example, the Federal Law No. 26-FZ dated 26.04.2004 ratified the United Nations Convention against Transnational Organized Crime and its supplementing Protocol against the Smuggling of Migrants by Land, Sea and Air, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

As far as issues of extradition and legal assistance in criminal matters are concerned, the Russian Federation has contractual relations with almost 80 countries of the world.

7. Do you consider that current international conventions, as well as international organisations, like Eurojust, Europol and Interpol, are sufficient to effectively fight against organised crime and terrorism?

The number of international organizations operating in the sphere of combating organized crime and terrorism currently seems quite sufficient.

Meanwhile, a serious obstacle in the criminal prosecution of persons involved in the activities of terrorist organizations, including Islamic State (ISIS), is presented by a policy of double standards in the fight against international terrorism. It is necessary to form a united anti-terrorist front to fight against international terrorism.

The task of developing universal conventions on extradition and legal assistance in criminal matters in the framework of the United Nations, including matters of tracing, seizure, confiscation and return of assets derived from criminal activity, is also of great relevance.

8. What are the major challenges in your country as regards the quality and efficiency of the work of prosecutors and, in particular, their fight against organised crime and terrorism?

There are several major challenges and threats that have the most significant impact on the work of prosecutors, including in the sphere of combating organized crime and terrorism.

First of all, they are presented by continuing activities of extremist and terrorist groups in the North Caucasus, as well as increased activities of international terrorist organizations recognized as such on the basis of the claims filed by the Prosecutor General’s Office of the Russian Federation.

The problem of using information and telecommunication networks by terrorists to their advantage also requires appropriate addressing.

Thus, the activities of international terrorist organizations ("Islamic State", "Hizb ut-Tahrir al-Islami", etc.) on the recruitment and training of new supporters and raising awareness of extremist ideology are consistently moving to the Internet and the media. Such activities are associated with the popularization of religious radicalism (mostly Islamic), glorification of the image of its supporters, idealization of violent extremism as a method to regulate social relations on the territories occupied by terrorists, promises material wealth to its followers.

Currently, the Russian Federation still faces a threat from the activities of transnational organized criminal groups supporting the operation of criminal markets, including markets on the illicit manufacturing and trafficking in narcotic drugs, psychotropic substances and precursors; trafficking in human beings and illegal migration; money laundering (legalization) of criminal incomes and their siphoning abroad; illicit manufacturing and trafficking in firearms, ammunition, explosives and explosive devices.

The growing danger is presented by the crime using high technology (cybercrime).

An important factor of social tension continues to be presented by illegal migration to the Russian Federation of foreign citizens, mainly from the countries of Central Asia.

The Prosecutor General’s Office of the Russian Federation

February 2016