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national prosecutor, Patricia Benavidezsubmitted a bill to Congress that seeks to grant autonomy to the head of a government ministry when filing an unconstitutionality suit.
This legislative initiative proposes to amend Article 98 of the Code of Criminal Procedure, making the said authority conditional on the fulfillment of a certain requirement.
The current text of said code of laws indicates that the National Prosecutor may file declaration of unconstitutionalitywith prior consent Council of the Supreme Prosecutor’s Office.
Autonomy
The draft law, presented by the National Prosecutor’s Office, states that the head of the state ministry “files a lawsuit in court.” directly”, without the need for any other requirements.
According to the argument of the project, it is unconstitutional to limit the powers of the Nation’s prosecutor in the case unconstitutionality lawsuitsconditional on the prior consent of the Council of the Supreme Prosecutor’s Office.
It is alleged that paragraph 2 of Article 203 of the Criminal Code of the Russian Federation Constitution The National Prosecutor is given jurisdiction to provide this kind of resource, but autonomously and without additional requirements.
It is also indicated that the purpose of the legislative initiative is to preserve normative hierarchy that the Constitution gives the Attorney of the Nation, as well as his autonomy.
It should be noted that the above article of the current law establishes that the president Power of attorney It is also possible to file a claim for unconstitutionality, but with the prior consent of the Plenum of the Supreme Court.
The President of the Republic may also submit this appeal, counting for this an approval vote Council of Ministers.
Source: RPP
I am Emma White and I currently work for Buna Times. My specialty is the politics section of the website, where I aim to provide readers with informative and engaging content on current events. In addition to my professional experience in journalism, I hold a Bachelor’s degree in English Literature from Princeton University.