TOPICAL ISSUES OF APPLICATION OF DISCIPLINARY RESPONSIBILITY OF EMPLOYEES OF THE PROSECUTORS
Journal: LAW AND INNOVATIONS (Vol.1, No. 10)Publication Date: 2015-04-07
Authors : IVANOVA A.S.;
Page : 122-127
Keywords : disciplinary statute; disciplinary responsibility; legal responsibility; qualification commission;
Abstract
Problem setting. Domestic legislation is currently in the process of permanent reform due to with the implementation of European standards in the legal framework of our country. At the same time, these processes have a positive influence on the legislative work in Ukraine, as required by the legislator follow established international practice in the development and adoption of legal acts. Analysis of recent researches and publications. Work of many lawyers served as a basis for research, among them: O. T. Barabash, N. M. Vapnyarchuk, V. S. Venediktov, V. V. Goloborodko, V. M. Horshenov, M. I. Inshyn S. M. Prylypko, G. I. Chanysheva, O. M. Yaroshenko etc. The target of research consists in research of the modern state of institute of disciplinary responsibility of prosecutors. Article’s main body. Disciplinary responsibility is usually divided into two kinds: general disciplinary responsibility and special disciplinary responsibility. One of substantial differences between general and special - the circle of persons on that spreads disciplinary responsibility. The workers of prosecutor’s office belong to the category of persons, to that in accordance with a legislation, charters and provisions about discipline can be envisaged and other disciplinary penalties except general. In Conclusion of the Parliamentary assembly of the Council of Europe № 190 (1995) from September, 26, 1995 in relation to entering of Ukraine it is marked, that one of obligations, that was undertaken by our state, consists in that a role and functions of the General prosecution will be changed (especially in relation to realization of general control after inhibition of legality) by transformation of this institute in an organ, that will answer principles of Council of Europe. Therefore, question of reformation of the prosecutor, conditioned by both the internal necessities of our state in relation to forming of new model of office of public prosecutor and obligation of Ukraine before European institutions. Conclusions and prospects for the development.. So in our opinion, the changes that are currently taking place in the prosecution promote the creation of qualitatively new principles for action and organization of prosecutors in line with European standards and contribute to building a new model of prosecution, designed to perform its constitutional functions.
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