NCJ Number
51309
Date Published
1976
Length
28 pages
Annotation
EVIDENCE IS OFFERED TO SUPPORT THE VIEW THAT SINCE THE MID-1960'S THE SOVIET PROCURACY HAS SHIFTED ITS EMPHASIS FROM REVIEWING CITIZENS' GRIEVANCES TO MONITORING THE ECONOMIC EFFICIENCY OF ADMINISTRATIVE ACTIVITY.
Abstract
IT IS NOTED THAT THE OFFICIAL JOB DESCRIPTION OF THE SOVIET PROCURATOR IS SIMILAR TO THAT OF THE PROTOTYPE SWEDISH OMBUDSMAN. BOTH THE OMBUDSMAN AND THE PROCURATOR ARE APPOINTED BY THE PARLIAMENT, BUT OPERATIONALLY ARE INDEPENDENT OF IT; BOTH ARE AUTONOMOUS AND EXTERNAL TO ADMINISTRATION; AND BOTH ARE PROFESSIONALS WITH LEGAL AND/OR ADMINISTRATIVE EXPERIENCE. IN ADDITION, BOTH DEAL WITH THE ILLEGAL ADMINISTRATIVE ACTIONS AND ACT ON CITIZENS' COMPLAINTS. THE ACTUAL PRACTICE OF THE SOVIET PROCURACY IS EXAMINED USING SEVERAL DATA SOURCES IN ADDITION TO THE SECONDARY LITERATURE OF SOVIET LEGAL SCHOLARS. FOUR HUNDRED AND THIRTY-THREE CASES OF PROCURATORIAL SUPERVISION PUBLISHED IN THE PROCURACY'S JOURNAL FROM 1955 THROUGH 1974 WERE EXAMINED TO PROVIDE A DETAILED PICTURE OF THE SUBJECTS AND OBJECTS OF PROCURATORIAL ACTION, THUS ASCERTAINING CHANGES OF EMPHASIS OVER TIME. IN ADDITION, SURVEY DATA COLLECTED FROM PROCURATORS BY THE SCHOLARS AT THE LABORATORY FOR THE STUDY OF PROCURATORIAL SUPERVISION OF THE JURIDICAL FACULTY OF LENINGRAD STATE UNIVERSITY WERE ANALYZED. ALSO, CONSULTATIONS WERE CONDUCTED WITH SEVERAL SOVIET LEGAL SCHOLARS AND PRACTICING PROCURATORS. PRIMARY DATA OBTAINED ARE INCLUDED IN THE STUDY. OF THE MEASURES USED BY THE PROCURATOR TO CONTROL ADMINISTRATIVE VIOLATIONS, THE MOST FREQUENT ARE 'PROTESTS' AND 'REPRESENTATIONS.' THE PROTEST IS ISSUED AGAINST A SPECIFIC ADMINISTRATIVE ACT, FREQUENTLY BROUGHT TO THE PROCURATOR'S ATTENTION BY AN AGGRIEVED CITIZEN. REPRESENTATIONS APPLY TO ACTION AGAINST A CLASS OF VIOLATIONS THAT USUALLY DO NOT DIRECTLY AFFECT INDIVIDUAL CITIZENS, BUT DO THREATEN THE EFFICIENCY AND INTEGRITY OF STATE ENTERPRISES. DATA REVEALED THAT SINCE THE MID-1960'S, THE NUMBER OF PROTESTS LODGED BY PROCURATORS HAS DROPPED SIGNIFICANTLY, WHILE THE NUMBER OF REPRESENTATIONS HAS TAKEN A SHARP UPWARD TREND. THIS IS BELIEVED TO BE ASSOCIATED WITH A POLICY SHIFT THAT HAS ENTRUSTED THE PROCURACY WITH THE PRIMARY RESPONSIBILITY OF MONITORING THE ECONOMIC EFFICIENCY AND LEGALITY OF STATE OPERATIONS. INDIVIDUAL CITIZENS HAVE THUS LOST THE PRIMARY OFFICIAL CHANNEL FOR OBTAINING REDRESS OF GRIEVANCES. (RCB)