ETHICAL BASIS OF THE PROSECUTOR’S CONDUCT IN UKRAINE AND FOREIGN STATES
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 45)Publication Date: 2021-11-30
Authors : Marochkin Oleksii; Voronko Anastasiia;
Page : 61-67
Keywords : ethical basis; prosecutor’s conduct; foreign experience; moral requirements;
Abstract
The scientific article is devoted to the analysis of issues related to the ethical principles of the prosecutor's conduct in Ukraine and abroad. In the article, the author analyzes the current changes to the Code of Professional Ethics and Conduct of Prosecutors, which were approved by the All-Ukrainian Conference of Prosecutors on August 28, 2021. The analysis of these changes has not yet been the subject of research by domestic scientists and prosecutors. The author establishes the general expediency of making these amendments to the Code of Professional Ethics and Conduct of Prosecutors as such, which will contribute to the discipline of prosecutors and proper law enforcement. In order to properly analyze the study of certain provisions of the Laws of Ukraine «On the Prosecutor's Office» and «On Prevention of Corruption». Based on the study, the author made a number of conclusions and proposed amendments to the Law of Ukraine «On the Prosecutor's Office» and the Code of Professional Ethics and Conduct of Prosecutors. Some changes to the Code of Professional Ethics and Conduct of the Prosecutor, in the opinion of the author, will not have any consequences, as already established in other regulations. The international legal acts (Guidelines on the Role of Prosecutors, Standards of professional responsibility and statement of the essential duties and rights of prosecutors, European guidelines on ethics and conduct for public prosecutors), which had a positive impact on the further consolidation of professional and personal and moral and ethical requirements for prosecutors in the relevant codes of ethics of various foreign countries. The ethical principles of prosecutors' conduct, which are enshrined in the relevant codes of Great Britain, Lithuania, and Latvia, are considered. The author examines the US experience of the so-called «filtering» procedure for candidates with an inadequate reputation for public service positions, which is mandatory and conducted by the Federal Bureau of Investigation. The article emphasizes that the obligation to ensure appropriate international criteria for the selection of persons for the post of prosecutor, which would include guarantees against appointments based on passion, and exclude any discrimination on the basis of skin color, language, religion rests with the state. According to the results of the study, it was established that the amendments to the Code will contribute to the discipline of prosecutors and ensure that the norms of the Code are brought in line with the requirements of the current legislation of Ukraine.
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