The immunity of a Deputy: what is it?

According to the basic law of our state Duma deputies and members of the Council shall be inviolable. The presence of this status allows to protect these persons from bringing civil or criminal prosecution. However, deputies are not exempt from liability in case of committing criminal acts. They will enjoy immunity during the whole term of his powers. More about this will be discussed in this article.

Definition

What is the immunity of deputies? This is the question most frequently ordinary citizens of our state, which suggests that these officials cannot be prosecuted for committing criminal acts. But, nevertheless, this term has a slightly different meaning.

Immunity of deputies means that these officials cannot be brought to civil and criminal liability, as well as to apply the most severe measures of administrative punishment (appointed by the court), without the consent of the representative body to which they are elected. This is the order.

It is also Necessary to pay attention to what the servants have immunity only to the moment, until the expiration of their powers. This is a must remember.

Missing view

Many of the servants of the people not so long ago began to say that the concept of immunity of deputies has nothing to do with their professional activities. So, here latest greatly mistaken. In addition, in February 1996, the constitutional court pointed out that parliamentary immunity is a guarantee of the status of the Deputy. And the rules of law that say otherwise, are unconstitutional. Thus, it is impossible to separate the immunity of a Deputy from his professional activities.

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What is the integrity?

Many people quite often wonder about that, what the servants with the necessary immunity? The deputies, in the opinion of the majority, so we have quite large benefits. It can be said that it is not necessary to forget that the servants are public people who are always on everybody's mind. In addition, they Express their opinions, stance on particular issues, and therefore the sanctity is for them a certain protection from repressive measures on the part of Executive authorities and private individuals.

Fixed Where?

The article 98 of the Constitution States that possess immunity deputies of the State Duma and members of Council. The latter have a special status due to the fact that exercise certain public functions. The people's representatives endowed with immunity during the entire period of execution of their powers. Deputies cannot be held accountable for expressed opinion and position, except those cases when they publicly spread slander.

It Should also be noted that deputies of regional legislative assemblies enjoy immunity during the whole term of execution of their powers.

What is provided?

So, what is the main purpose of parliamentary immunity of a Deputy? As stated in the basic law of the state, cannot be detained and arrested. Law enforcement officers can't search deputies (the exception is cases when a person was detained on the spot the implementation of criminal acts), or officials violate applicable law.

It is Impossible to conduct personal searches of the Deputy, except in those cases when by law this must be done to ensure the safety of others. Law enforcement officers can't question the MP without the consent of the state Duma. This is the order.

In addition, the deputies of the state Duma and Federation Council members can refuse to testify if the information became known to them in connection with the exercise of their powers.

The Immunity applies to the home and offices of these persons, as well as Luggage, vehicles, documents, communications and correspondence.

Important

In that case, if the Deputy of the state Duma was involved in the crime or administrative offence, the investigator is obliged within three days to inform the attorney General. This reads the legislation.

If the offense is connected with office activity of the latter, the public Prosecutor is obliged within a week to address the state Duma with the requirement about deprivation of immunity of a Deputy of the State Duma. Otherwise, this officer will remain unpunished.

Interesting

The Issue of deprivation of immunity of a Deputy is put before the corresponding chamber of the Federal Assembly at the proposal of the General Prosecutor's office. The decision must be made within three days. Then GD orThe Federation Council notify the public Prosecutor about the decision.

At the meeting are entitled to attend the Deputy, which want to deprive of immunity. Although, in some cases such issues are resolved without the participation of the latter.

If denied

For deprivation of Deputy immunity need a very serious and weighty arguments. In addition, the State Duma is not always ready to go on to release one of the MPs from such an important guarantee.

However, the question on deprivation of the Deputy of immunity is decided by the corresponding chamber of the Federal Assembly within the statutory deadlines. If the answer is GD is negative, then this eliminates the possibility of criminal or administrative case.

General characteristics

Many MPs use their parliamentary immunity. After all, without the consent of the representative body which carries out the activities of the state officer, it will not be able to prosecute for unlawful acts.

It is also Necessary to say that after referral to the state Duma or the Federation Council submission to the state office of public Prosecutor with the requirement about deprivation of the Deputy of its special status, the relevant chamber of the Federal Assembly may require additional documents for the people's choice. After all, the law is the right of a representative body in which elected Deputy.

Parliamentary immunity is the main guarantee of the status of the official.

Very often in the media talking about the fact that the people's representatives can not be held legally liable because they have integrity and are exempt from all punishment for their deeds. So this is clearly wrong. Though MPs are public people and have immunity, however, the consent of the state Duma, they may forever lose this status. About it it is necessary to know.

In addition, legislative immunity depends on the activities of the people's choice. For example, if his term of office ended, and this status will not be the last.

You Must also specify that law enforcement agencies will not be able to submit the case for consideration in court, while the Deputy won't lose his immunity. If this does not happen, the case will be dismissed. To resume only if you open the new circumstances.

Summary

So, deputies of the state Duma and members of SF have parliamentary immunity. Therefore, the latter cannot be detained and arrested. Search of the Deputy only if he was caught by police officers at the scene of the implementation of criminal acts.

However, the problem of immunity of deputies is becoming more relevant, because these officers represent the interests of ordinary people. For this reason, the deputies should be protected from unnecessary harassment, as they are required to Express their position, opinions on solving issues.

However, many deputies use their special status. The majority of MPs suggests that they are inviolable even after their term of office will end. But it is not. After all, immunity should only be considered as a special guarantee of the status of the Deputy. To deprive it only of the state Duma or the Federation Council. But this requires the submission of the Prosecutor General. The issue of deprivation of the people's Deputy of his immunity is within three days. The decision must inform the Prosecutor General's office.