One of the main bodies, the competence of which includes supervision of compliance with the norms of laws relating to all areas of our lives, is the prosecutor's office. Prosecutors can appear with control measures in almost any organization, regardless of its form of ownership. Therefore, the question of preparing a response to the submission of the prosecutor's office to eliminate violations is a burning topic for many managers.
Typical Reasons for Checks
Inspections, as a rule, are planned. The plan is drawn up immediately for a year and published on the website of the prosecutor's office. In order to assess whether you will soon be waiting for guests with a list of different questions, you should look at the official resource in the appropriate section.
Otherwise, if your organization did not get into the plan of inspections for the next year, and the prosecutor nevertheless came with questions to your liking, the likelihood that some complaint was almost one hundred percent the reason for the visit. And if people complain, then most often the result of control actions is the identification of violations of someone else's rights. Accordingly, we should expect the leadership to consider the submission of the prosecutor’s office regarding the elimination of violations of applicable law.
The prosecutor's office made a presentation: practical advice
First of all, do not panic, but sit down and carefully examine all of its points. Perhaps the identified violations are purely formal in nature (for example, there is no signature of the chief accountant on the approved staffing table), and no serious crime can be seen in your actions. In such situations, most often it is enough to fairly conscientiously eliminate all the comments and prepare a response to the prosecutor’s submission on elimination of violations. As a rule, the requirement to notify the prosecutor of the time and place of consideration of violations in this case is also formal in nature, and no one from the prosecutor’s office will come to your consideration by virtue of their employment. If, indeed, serious violations appear in the submission, then it is worth collecting a consultation from interested colleagues, and it is very thoughtful to approach the study of claims, using the time period provided by law to prepare a response to the submission of the prosecutor's office.
Information to the prosecutor
The response to the prosecutor’s submission on elimination of violations is prepared exclusively in writing, taking into account all identified violations. The legislation sets a one-month period for consideration of the submission. The response to the submission of the General Prosecutor's Office is being prepared within the same time as, for example, for the district prosecutor's office. In the information, the reasons for the violation must be sounded on each item of the presented claims. If, from the point of view of the inspected subject, there was no violation of the law, then this fact should be reflected in the response to the submission. There are no consequences on the part of the law regulating the activities of the prosecutor's office .
Where to find a sample response to the submission of the prosecutor's office
Today, in search of an answer to almost all emerging questions, it is customary to turn to the Internet. Various network resources contain a lot of both “junk” and quite valuable information. Regarding the search for a sample letter of reply for the prosecutor's office regarding the consideration of the submission made by her, it should be noted right away that there are no unified forms. The reason is quite simple: each check reveals purely individual violations, for which specific comments are made, which require the same specific answers. Therefore, it is simply not possible to develop any single type form. So the frantic search on the Internet for a sample response letter will simply be a pointless waste of time. But for the preparation of information there are generally accepted recommendations.
Recommendations for the preparation and execution of the response
There are several recommendations:
- In the header of the letter, it is necessary to indicate the number and date of the submitted submission on elimination of violations, the answer to which will contain your document. The reason is simple: the prosecutor has a fairly large number of such materials under control. When sorting letters in the office, this will simplify the work, and, accordingly, set up more favorably towards you.
- In preparing the answer, if violations did occur, it is advisable, immediately, without wasting time, to collect explanations from the perpetrators of these violations. The reason for such haste is the norms of the Labor Code on disciplinary sanctions: they can be imposed only within a certain period of time from the moment the violation is discovered. If the deadline is missed, then it will not work to punish the guilty, and this will be one of the main requirements of the prosecutor.
- If during the preparation of information the identified minor violations were eliminated, then it is advisable to mention this in the response and attach copies of documents confirming the fact of elimination of the revealed violations.
Procedure for reviewing a submission to address violations
Consideration of submissions of this kind, as a rule, is carried out collectively with a notification to the prosecutor about the place and time for consideration of the violation. Discussion of violations, and, most importantly, the reasons that led to them, is carried out at a specified time in a specified place. In the case of the direct presence of the prosecutor, his main task is usually to make sure an informal approach to the examination, express his comments that are not reflected in the document, and discuss the possibility of eliminating the reasons that led to the violation of the law.
Disciplinary action
From the generally accepted point of view of the legislation, the responsibility for all the activities of the enterprise lies with its head. In fact, a particular employee is responsible for each piece of work. Accordingly, he is also to blame for the violations (except for the cases when they were committed by the direct written instruction of the head). It is worth noting that state and municipal employees do not have the right to commit violations of applicable law, even if they have in their hands a written request from the head, the implementation of which will lead to violations of the law. In such cases, they are liable with the person who gave the relevant instructions.
First of all, disciplinary sanctions are imposed on responsible persons for committing mistakes in accordance with the norms of the Labor Code (comment or reprimand). Information on penalties is also sent to the prosecutor. However, in case of serious violations of disciplinary action, the matter may not be limited.
Other types of liability
After conducting an analysis of the response received to the submitted submission, the prosecutor may decide to transmit information about the violations to other oversight or law enforcement agencies. So, for example, when facts of violation of the law in the field of public procurement are revealed, information is transferred to the territorial antitrust service, which, in accordance with its competence, may decide to impose an administrative fine.
Criminal liability occurs only by court order. Therefore, materials with identified violations are transferred by the prosecutor's office to the investigative committee or internal affairs bodies for further implementation. It is these structures that will decide on the initiation of a criminal case or refusal. If the case is opened, then after the completion of the investigative actions, all materials will be transferred to the court.
Therefore, on the one hand, one should not be afraid to prepare independently an answer to the submission of the prosecutor's office on elimination of violations. On the other hand, in formulating phrases, one must not forget about the possible consequences.