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The Procuracy: Constitutional Questions Deferred

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Chapter Summary

In 1995 work began on a revised Law on the Procuracy of the Russian Federation. The issues that drew the most ardent discussion on both sides related to the Procuracy's powers of general supervision, supervision over normative acts passed by local and regional authorities, the Procuracy's role in enforcement of court decisions, and its powers to intervene in civil and commercial cases. This chapter reviews the legal landscape relating to procuratorial powers in these areas since 1993 and explains that many of the fundamental questions relating to the Procuracy's powers remain unresolved today. The chapter has argued that the decision to leave out of the Constitution a detailed enumeration of the powers of the Procuracy has resulted in considerable ambiguity about its functioning and legitimacy in the Russian legal system.

Keywords: Constitutional Court; federal law; procuratorial powers; Russian Federation

10.1163/ej.9789004155350.i-208.37
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