ROLE AND PLACE OF THE PROSECUTOR’S OFFICE OF UKRAINE IN SOCIETY AS A SUBJECT OF THE GOVERNMENTAL AUTHORITY
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.2, No. 39)Publication Date: 2021-05-31
Authors : Voitenko Anton;
Page : 11-19
Keywords : the prosecutor's office; the system of state bodies; the judiciary; the executive branch; the legislative branch; the Prosecutor General; the Constitution of Ukraine;
Abstract
The article reveals the key provisions of the definition of the prosecutor's office as a special body of state power and establishes its role in the system of state power bodies. It was found that the conceptual foundations of the activities of the prosecutor's office in Ukraine are governed by the norms and provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Civil Code of Ukraine and the Code of Administrative Procedure of Ukraine. It has been established that the prosecutor's office, regardless of their characteristic features and features of functioning as a leading state body, cannot be displayed as a separate branch of state power. It was determined that the prosecutor's office does not perform any legislative, judicial or administrative functions. It has been proven that the prosecutor's office acts as an element of ensuring the relationship between the legislative, executive and judicial branches of government. It was determined that the prosecutor's office should not interfere either in economic activities (in order to comply with the principle of the legality of such activities), nor evaluate the work of government bodies, but only to supervise such activities in order to comply with the principle of legality of activities by the government bodies. It has been established that the place of the prosecutor's office in the system of state power makes it possible to single out states in which the prosecutor's office belongs to the Ministry of Justice, states in which the prosecutor's office belongs entirely to the judicial branch of government, states in which the prosecutor's office belongs to an independent state body and is subordinate only to the parliament or the head of state. and states in which the prosecutor's office or its analogues are absent. It has been proved that the prosecutor's office is endowed with a specially defined level of organizational separation and autonomy, and this is not affected by the level of its integration into the system of other state structures. The positions of practitioners were studied and it was found that formally the prosecutor's office can be attributed to the judicial authority, however, an analysis of Article 131-1 of the Constitution of Ukraine states that the prosecutor's office cannot in any way relate to the judicial authority and cannot act as its subject. It was established that the activities of the prosecutor's office in Ukraine are built on the principles of the rule of law, recognition of the highest social value of a person, legality, impartiality, fairness, objectivity, ensuring the presumption of innocence, territoriality, independence, political neutrality, ensuring respect for the independence of the judiciary, transparency in the implementation of activities, steadfastness compliance with the requirements of professional conduct and ethics. Proposed by the prospects of the following studies in the outlined direction to conduct a comprehensive study of the activities of the prosecutor's office and its impact on the functioning of the three branches of state power in Ukraine.
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