LEGAL CERTAINTY AND REAL ENFORCEABILITY AS CRITERIA FOR ASSESSING THE LEGALITY OF PROSECUTORIAL RESPONSE ACTS
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Author(s): | Demchenko V. A., |
| Number of journal: | 3(76) | Date: | September 2026 |
| Annotation: | A prosecutor’s demand is binding only to the extent that it rests on powers granted by law. Yet the Law on the Prosecutor’s Office, naming the types of response measures, says nothing about the content of an authoritative demand or about the possibility of performing it. The substantive parameters of a submission, a protest and a warning are therefore shaped case by case in judicial practice. The author argues whether legal certainty and real enforceability are criteria of the quality of supervisory work or rather conditions of the lawfulness of a legally significant act of the prosecutor. The answer is justified in favor of the second option, after which the limits of their legislative consolidation are outlined. Certainty is disclosed through five elements: indication of a specific violation, applicable legal norms, factual circumstances, required legal result and proper addressee. Enforceability comprises the factual possibility of performance, the competence of the addressee, a reasonable time limit and the prohibition to predetermine an issue left by law to the discretion of the addressee, in particular an employee’s disciplinary liability. A breach of these requirements gives an independent ground to declare the act unlawful even where a violation of law by the addressee has been confirmed. Address uncertainty and addressing an incompetent person are distinguished separately. Amendments are proposed to Article 24 of the Federal Law dated January 17, 1992, No. 2202‑1, establishing the minimum “standard” for a prosecutor’s lawful demand. | ||
| Keywords: | prosecutorial response act, legal certainty, real enforceability, prosecutor’s submission, prosecutor’s protest, prosecutor’s warning, prosecutorial supervision, legally significant act, judicial challenge, prosecutorial discretion, lawfulness of the demand |
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| For citation: | Demchenko V. A. Legal certainty and real enforceability as criteria for assessing the legality of prosecutorial response acts. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026;3(76):198—203. DOI: 10.25683/VOLBI.2026.76.1730. |
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