Наталья Ключевская
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Группа депутатов нижней палаты парламента внесла в Госдуму законопроект, направленный на уточнение квалификационных требований к прокурорам.
Документом предусмотрено внесение в ст. 40.1 Федерального закона от 17 января 1992 г. № 2202-I «О прокуратуре Российской Федерации» поправки, конкретизирующей требования к необходимому для занятия должности прокурора уровню образования. Если в действующей норме речь идет просто о наличии юридического образования без указания его уровня, то в законопроекте – о высшем юридическом образовании по имеющим госаккредитацию образовательным программам с присвоением квалификации (степени) «специалист» или квалификации (степени) «магистр» при наличии степени «бакалавр» юриспруденции.
В случае одобрения инициативы1 обновленная норма не будет иметь обратной силы, что позволит избежать неисполнения органами прокуратуры обязательств по трудоустройству граждан, получивших высшее юридическое образование уровня «бакалавриат» в рамках ранее заключенных договоров о целевом обучении.
Парламентарии отмечают, что, поскольку деятельность прокурора с учетом поставленных перед ним задач и функций отличается повышенной степенью ответственности перед обществом и гражданами, постольку он должен обладать глубокими теоретическими знаниями в области права. Последние зависят, в первую очередь, от наличия высокого уровня образования.
При этом других требований к прокурорам изменения не коснутся – по-прежнему кандидаты на соответствующую должность должны будут обладать необходимыми профессиональными и моральными качествами, а также состоянием здоровья, позволяющим исполнять возлагаемые на них служебные обязанности.
С порядком назначения прокуроров на должность ознакомьтесь в Домашней правовой энциклопедии интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Кроме того, законопроектом планируется закрепить полномочие Генерального прокурора РФ по определению особенностей заключения договора о целевом обучении.
Ожидается, что внесение рассматриваемых изменений будет способствовать обеспечению единых подходов к решению кадровых вопросов в системе госслужбы РФ и совершенствованию порядка поступления на службу в органы прокуратуры, а также формированию высококвалифицированного кадрового потенциала для системы прокуратуры.
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1 С текстом законопроекта № 715240-7 «О внесении изменений в статьи 40-1 и 43-5 Федерального закона «О прокуратуре Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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