SOVIET PROCURACY AND THE SUPERVISION OF ADMINISTRATION

• NCJ Number: 53469
• Author(s): G B SMITH
• Date Published: 1978
• Length: 166 pages
• Corporate Author: Sijthoff and Noordhoff
• Sale Source: Sijthoff and Noordhoff
• Language: English
• Country: Netherlands

Annotation

THE SOVIET PROCURACY, AN ADMINISTRATIVE AND LEGAL AGENCY WHICH CONDUCTS CRIMINAL INVESTIGATIONS AND PROSECUTIONS AND SUPERVISES COURT CASES AND THE LEGALITY OF ADMINISTRATIVE ACTIONS, IS EXAMINED.

Abstract

THE PROTOTYPE OF THE SOVIET UNION'S PROCURACY WAS ESTABLISHED IN THE 18TH CENTURY BY PETER THE GREAT TO ELIMINATE ABUSES OF POWER IN ADMINISTRATIVE GOVERNMENTAL LEVELS. THIS STUDY EXAMINES THE PROCURACY SINCE 1955, PARTICULARLY WITH REGARD TO ITS DUTIES AS A MECHANISM TO CONTROL STATE ADMINISTRATION, AND CONSIDERS THE DEVELOPMENT OF GENERAL SUPERVISION IN BOTH ITS CONTROL AND REDRESS ASPECTS. IT OUTLINES THE STRUCTURE, FUNCTIONS, AND PLACE OF THE AGENCY IN THE SOVIET LEGAL SYSTEM AND EXAMINES THE PROCURATORS, GENERALLY CONSIDERED TO BE THE MOST CONSERVATIVE AND POWERFUL MEMBERS OF THE SOVIET LEGAL ELITE, AND THEIR EDUCATION, ETHNIC BACKGROUNDS, CAREER PATTERNS, AND PARTY AFFILIATIONS. REDRESS OF CITIZENS' GRIEVANCES IN THE SOVIET UNION IS CONSIDERED WITH RESPECT TO COURT CONTROL OF ADMINISTRATION, AND PROPOSED CHANGES IN THE SCOPE OF COURT CONTROL ARE NOTED. CURRENT EFFORTS TO CODIFY LEGISLATION ON THE IMPOSITION OF ADMINISTRATIVE SANCTIONS ARE ANALYZED. IT IS HYPOTHESIZED THAT COURT CONTROL IS MODERATELY INSTITUTONALIZED AND EFFECTIVE AS A MECHANISM FOR REDRESSING CITIZENS' GRIEVANCES AND CONTROLLING ADMINISTRATIVE VIOLATIONS. ONE SECTION FOCUSES SOLELY ON THE INFORMAL COMPLAINT MECHANISM AS A CHANNEL FOR EXPRESSING CITIZENS' GRIEVANCES AND SEEKING ACCOUNTABILITY OF PUBLIC ADMINISTRATORS, AND ANOTHER SECTION EXAMINES THE SCOPE METHODS, AND FUNCTIONS OF THE PROCURACY. IT ANALYZES 433 CASES HANDLED BY THE PROCURACY COVERING A 20-YEAR PERIOD TO ILLUSTRATE APPLICATION OF PROCURATORIAL PROTESTS, REPRESENTATIONS, AND PROPOSALS. THE CONTROL FUNCTIONS OF THE PROCURACY ARE DISCUSSED ALONG WITH THE DIFFICULTIES IN ASSESSING ORGANIZATIONAL PERFORMANCE AND THE NECESSITY OF MONITORING AND CONTROL. THE CONCLUDING CHAPTER REVIEWS THE RESEARCH AND DISCUSSES THE IMPLICATIONS OF THE CONTROL PROPERTIES FOR THE REDRESS OF CITIZENS' GRIEVANCES ARISING FROM ADMINISTRATIVE ACTIVITY IN THE SOVIET UNION. REFERENCES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED-DAG).