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Journal articles on the topic 'Special prosecutors'
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1
Kuprun, Ye P. "The specific features of the pension form of social protection for employees of the prosecutor's office in Ukraine." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 163–67. http://dx.doi.org/10.24144/2788-6018.2022.04.29.
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An article is devoted to the analysis of the unique characteristics of the pension form of social protection for Ukrainian prosecutors and other employees of the prosecutor's office. It is established that many specific features characterize this form of social protection for employees of the prosecutor’s office. Firstly, these pensions are characterized by the fact that they are regulated by the norms of general and special legislation (the norms of pension, labor and administrative legislation are taken into account). Secondly, this form of social protection is objectified in pension-security legal relations. Thirdly, the pension system provides social protection to a number of employees (a pension of an employee of a prosecutor's office in Ukraine who does not have the status of a public servant; a pension of a civil servant; a pension of a prosecutor). The author pays special attention to the characteristics of prosecutors' pensions in the article. Firstly, the state is obliged to pay decent pensions to prosecutors who have the necessary length of service, including the length of service as prosecutors (also to those prosecutors who do not have the necessary length of service and insurance experience). Secondly, the state guarantees a fair recalculation of assigned pensions to employees of the prosecutor's office. Additionally, the state provides pensions to prosecutors in an inclusive manner. In the conclusions to the article, the results of scientific research are summarized and specific proposals are formulated regarding the improvement of the legal regulation of the pension provision of prosecutors of the prosecutor's office of Ukraine, namely: it is proposed to: set out Part 20 of Art. 86 of ZU of 2014 No. 1697 in the new version, which will determine the conditions and procedure for recalculating the pensions assigned to employees of the prosecutor's office, namely, in the version that will correspond to the original version of this legislative act, taking into account the fact that the reasons for its change are not consistent with the principles of democracy and the rule of law of the state and led to long-term (starting from December 28, 2014) legal uncertainty of the conditions and procedure for recalculating pensions for employees of the Prosecutor's Office of Ukraine; to make changes to Part 1 of Art. 2 of the Federal Law "On measures to ensure legislative support for the reform of the pension system", excluding its extension to pension relations that arise on the basis of the provisions of Federal Law No. 1697 of 2014 (ensuring the equality of the legal position of prosecutors and judges within the framework of the policy of guaranteeing the independence of activities and autonomy of prosecutors and judges).
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Stefanchuk, M. "The staff of the Public Prosecutor’s Office in Ukraine: in search of optimal ways of formation." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 246–52. http://dx.doi.org/10.24144/2307-3322.2021.68.43.
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It has been provided a comparative study of the national legal systems of some European Union member states with a high level of civil society confidence in the justice system, in terms of the formation of the prosecutor’s office as part of this system.
It has been stated that in order to substantiate the timeliness and demand for measures of the current stage of reforming the prosecutor’s office in Ukraine, the criterion of the level of civil society trust in the prosecutor’s office is set, which fully meets the European standard of functioning of this institution in a democratic society.
Taking into account the unsatisfactory state of functioning of the existing model of prosecution authorities in Ukraine, from the point of view of the level of support provided by society, there is a need to study the formation of prosecutors in foreign countries in order to gain successful experience in establishing this important institution in the state justice system.
It has been highlighted the peculiarities of the legal policy on determining the qualification requirements for candidates for the position of prosecutor, selection procedures and professional training of prosecutors in the Member States of the European Union with a high level of civil society trust in institutions that provide due justice.
It has been established that a high level of civil society trust to the justice system is, to a decisive extent, a projection of a certain legal policies of these states, aimed at methodological academic and special professional training of the judiciary staff, including prosecutors.
It is concluded that simplification of the procedure for selection and training of prosecutors may not always indicate its improvement, as only a systematic change in the special training of candidates for the position of prosecutor and further training of incumbent prosecutors, taking into account best practices, can contribute to high level their professional competence as a prerequisite for increasing the level of trust of civil society in the prosecutor’s office as an institution as a whole.
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Arsentieva, S., and A. Savchenko. "THE PROSECUTOR’S POSITION ON A CRIMINAL CASE IN THE ASPECT OF ITS INCONSISTENCY." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7, no. 4 (February 20, 2023): 100–104. http://dx.doi.org/10.29039/2413-1733-2021-7-4-100-104.
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The article analyzes the situations when, when considering criminal cases, the prosecutor (the prosecutor picks himself up in the article and the status of the public prosecutor) changes his opinion regarding the accusation approved in the indictment, when the verdict is passed in a special order. According to the authors, for a more effective prosecutor’s supervision over the preliminary investigation and a more responsible approach of prosecutors in developing a position while maintaining a charge in court, it is necessary to amend the Code of Criminal Procedure of the Russian Federation.
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Rocah, Mimi, Carrie Cohen, Steve Cohen, Daniel Cort, and Bennett L. Gershman. "Special Problems for Prosecutors in Public Corruption Prosecutions." Pace Law Review 38, no. 3 (October 10, 2018): 766. http://dx.doi.org/10.58948/2331-3528.1984.
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Kim, Han-Kyun, and Chang Kuhn Kim. "The Public Service Duties and Roles of the Public Prosecutors." Korean Association of Criminal Procedure Law 14, no. 3 (September 30, 2022): 71–97. http://dx.doi.org/10.34222/kdps.2022.14.3.71.
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This essay aims to review the public service duties and roles of the public prosecutors from the viewpoint of criminal justice reform, esp. of the reform of public prosecutors as state power institutions which has had enormous impact on the South Korean politics and people’s life.
According to the Articel 4 of the Prosecutor’s Office Act, each prosecutor shall have the duties and authority falling under any of the following subparagraphs as a representative of public interests: ➀ Matters necessary for investigating crimes and instituting and maintaining public prosecution: Provided, That the scope of crimes for which a prosecutor may commence an investigation shall be significant crimes prescribed by Presidential Decree, such as corruption crimes and economic crimes, Crimes committed by police officers; ➁ Direction for and supervision of special judicial police officers with respect to the investigation of crimes; ➂ Requests for appropriate application of statutes or regulations to a court; ➃ Direction for and supervision of the execution of judgments; ➄Proceedings with litigation or administrative litigation to which the State is a party or a participant, or direction for or supervision of such proceedings; ➅ Matters which fall under the authority of prosecutors under other statutes or regulations. In performing his or her duties, each prosecutor as a civil servant of all citizens shall protect the human rights of citizens, observe due process, and maintain political neutrality, and shall not abuse any authority vested in him or her, in accordance with the Constitution and statutes.
For the progress of the criminal justice reform, focused on the reform of public prosecutors should make both status of representative of public interests and civil servant of all citizens in mind. The 2021 case of ‘public interest task force’ at DAEGU District Public prosecutors’ Office can be recommended as one of the best practice of the reform policy.
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Tahya, Rizky Imanuel, Elsa Rina Maya Toule, and Dezonda Rosiana Pattipawae. "Eksaminasi Khusus Kejaksaan Agung Dalam Perkara Tindak Pidana." TATOHI: Jurnal Ilmu Hukum 4, no. 1 (March 31, 2024): 49. http://dx.doi.org/10.47268/tatohi.v4i1.2120.
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Introduction: Special Examination is the process of conducting research and looking for certain case files that attract the attention of the media or other cases which, in the opinion of the leadership, need to be examined both for active cases and cases that have been handled by prosecutors or public prosecutors and which have obtained permanent legal force.Purposes of the Research: The purpose of this study is to find out and analyze the authority of the Attorney General's Office in taking over the prosecution of criminal cases from the Public Prosecutor's Office and to find out and analyze the application of special examinations conducted by the Attorney General's Office in accordance with the provisions of the Laws and Regulations. The type of research used is normative legal research with an analytical descriptive type which examines the findings from the literature review which are then analyzed into several chapters with a systematic flow.Results of the Research: The results of the research are that the Attorney General, who is the main public prosecutor in handling criminal cases, has the authority to delegate some of his rights to the public prosecutor in handling criminal cases in accordance with a mechanism that is in accordance with positive law.
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Shal, V. "Regarding the definition of the concept and meaning of social guarantees of prosecutors." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 268–73. http://dx.doi.org/10.24144/2307-3322.2022.72.84.
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The article examines the categorical and conceptual apparatus in the field of social guarantees of prosecutors. To begin with, the author made a systematic analysis of the scientific opinions of scientists regarding the understanding of the essence of such a category as “social guarantees” and proposed to understand the social guarantees of prosecutors as a system of methods, means and conditions defined by the current legislation, which are aimed at protecting prosecutors from social risks, providing adequate material, monetary and social security, taking into account its special legal status. The author also noted that “prosecutor independence” is a complex systemic category that depends on objective and subjective factors, as well as internal and external conditions. In order to achieve the independence of the prosecutor, it is necessary to take legal, organizational, and financial measures, to increase their social and material support. Therefore, guarantees of independence of the prosecutor and social guarantees cannot be equated, since the former is a broader concept in its content.
The article notes that social guarantees of prosecutors are important in their social protection, since: 1) social guarantees affect the level of social security of prosecutors; 2) social guarantees are aimed at ensuring a decent and sufficient standard of living for prosecutors; 3) contribute to the creation of proper working conditions for prosecutors for effective performance of their powers and overriding tasks of the state; 4) contribute to reducing and mitigating the vulnerability of prosecutors and the consequences of the occurrence of relevant risks that threaten the prosecutor during the performance of his powers; 5) contribute to increasing the level of social protection of prosecutors.
It was concluded that the social protection of the prosecutor needs increased attention from the state, because due to his specific activity and during the performance of specific powers, situations may arise that threaten the life and health of the prosecutor. Therefore, the establishment of increased social guarantees for prosecutors is one of the ways to increase their social security.
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Antonov, O. Yu, and S. V. Shepelev. "Special Knowledge Application in the Prosecutor’s Office Activities." Actual Problems of Russian Law 16, no. 7 (July 30, 2021): 145–58. http://dx.doi.org/10.17803/1994-1471.2021.128.7.145-158.
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In the paper, given the recent history of prosecutorial supervision, the opinions of prosecutors and scientists, and the position of the Constitutional Court of the Russian Federation, the authors analyze the legislation and court practice on cases when prosecutors engage experts. The forms of special knowledge application in the course of the prosecutor’s supervision are highlighted and specified. The authors formulate recommendations for their design and use both during the prosecutor’s investigation and for further possible legal proceedings. In case the prosecutor’s decision is taken within the framework of the powers granted by the Law on the Prosecutor’s Office, it must be made based on the results of an audit conducted with the participation of a competent person. In cases when the prosecutor’s investigation findings are subsequently result in response measures made up of legal norms in the framework of legal proceedings, the examination must be carried out in court in order to establish the circumstances requiring the use of special knowledge. Special knowledge application in the course of the prosecutor’s investigation becomes the basis for further measures of the prosecutor’s response. The authors substantiate the opinion that the integration of the institution of forensic examination into the implementation of prosecutorial supervision in its pure form is impossible. At the end of the paper, a conclusion is formulated about the forensic significance of this activity, including for an investigator, an inquiry officer at the stage of initiating a criminal case.
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Kudryashova, Alla V. "Organisational aspects of prosecutors' activity in view of recommendations of bodies of the Council of Europe (part 2)." Vestnik of Kostroma State University, no. 2 (2019): 229–32. http://dx.doi.org/10.34216/1998-0817-2019-25-2-229-232.
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The article presents an analysis of international acts – recommendations of the Committee of Ministers of the Council of Europe and the conclusions of the Consultative Council of European Prosecutors, which addressed the issues of organisational and managerial support of the functioning of the Prosecutor's office, as well as the degree of implementation of the norms of these international acts in the Prosecutor's office of the Russian Federation at the present stage. At the same time, special attention is paid to the issues of information and analytical support of prosecutorial activities; selection, professional development and career advancement of prosecutors; organisation of interaction between prosecutors, judges, law enforcement officers in order to improve the efficiency of criminal proceedings, as well as with the media, civil society institutions; improvement of criteria for assessing the work of prosecutors and general approaches to the implementation of control activities. As a result of the analysis, conclusions were drawn on the importance of the recommendations set out in international acts for further reform of the Russian Prosecutor's office, taking into account the current socio-economic and political situation.
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Kyselova, O. I., T. V. Shlapko, and M. G. Khlus. "Guarantees of exercise of labor and social rights of employees of prosecutor's offices as an integral part of their legal status." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 168–73. http://dx.doi.org/10.24144/2788-6018.2022.06.30.
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The article considers the mechanisms of realization of labor and social rights of prosecutors. The authors investigated that prosecutors are subject to both general labor legislation (norms of the Labor Code of Ukraine) and special ones established by the Law of Ukraine "On the Prosecutor's Office", which emphasizes the special legal status of these employees.
Acquisition of legal status by prosecutors as subjects of labor law allows them to exercise their constitutional rights and responsibilities. These elements of the legal status of prosecutors should be considered in close connection with the employment relationship and social rights in which these prosecutors are involved. The authors found that an integral part of the legal status of prosecutors are guarantees of labor and social rights - legal norms that establish ways and means of ensuring the rights and freedoms of prosecutors, their protection and restoration during office and retirement.
The study found that an important role in improving the legislation of Ukraine in the field of labor relations with prosecutors and their social rights are played by familiarity with international regulations (Conclusion of the Advisory Council of European Prosecutors № 9 (2014 (Rome Charter), Conclusion № 13 (2018) of the Advisory Council of European Prosecutors) which regulate labor and social guarantees for prosecutors. Problematic issues and gaps in the provisions of Ukrainian legislation in the field of labor and social security relations with prosecutors were investigated. The authors also developed ways to eliminate them by preserving existing and creating new norms that meet national characteristics. The importance of this study is that this system of government has a significant impact on the implementation of responsibilities for the protection of human rights and freedoms, the common interests of society and the state.
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Cherepanov, Maksim Mukhtarzhanovich, and Svetlana Gennadievna Byvaltseva. "About some actual problems of the organization and activity of the Prosecutor's Office of the Russian Federation on participation in international cooperation." Международное право, no. 1 (January 2023): 83–95. http://dx.doi.org/10.25136/2644-5514.2023.1.38177.
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The subject of the study is the materials of prosecutorial practice, as well as the norms of current laws and international legal acts of the Russian Federation. The object of research in the article is some current topical problems of the participation of the Russian Prosecutor's Office in international cooperation. According to the authors, at present, the activity of prosecutors in the field under consideration cannot be called a perfect line of activity of the domestic prosecutor's office. The problems of subjective (lack of necessary practical experience of participation in international cooperation among individual prosecutors) and objective (shortcomings in legal regulation, scientific and theoretical shortcomings, the geopolitical situation in the world, and others) are investigated. Based on the results of the study of these problems, the necessity of their mandatory solution is emphasized and the author's vision of some complex ways to overcome them is proposed. At the same time, the authors propose to pay special attention to improving the regulatory framework, continuing the diplomatic policy of the Prosecutor General's Office of the Russian Federation on concluding bilateral agreements with the competent authorities of foreign states on cooperation in the criminal procedure sphere and in cases of administrative offenses, as well as preparing appropriate educational and methodological and scientific literature developed by scientists of the University of the Prosecutor's Office of the Russian Federation and other law schools, and some other measures.
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Yakovlev, A. "THE ROLE OF THE PROSECUTOR – PROCEDURE LEADER OF THE PRESENTATION OF THE PRESENTATION IN THE APPOINTMENT OF THE FORENSIC EXAMINATION AND EVALUATION OF ITS RESULTS." Criminalistics and Forensics, no. 64 (May 7, 2019): 350–60. http://dx.doi.org/10.33994/kndise.2019.64.30.
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The article summarizes and analyzes the causes of errors made during the stages of the appointment of a forensic examination and an expert opinion assessment. There are numerous examples of errors from the practical activities of the investigating authorities. The lack of sufficient special forensic knowledge of the investigator and a formal attitude to his duties as a prosecutor are considered as the main cause of errors. This problem is aggravated by scientific progress, the continuous improvement of the methods, technologies and techniques used in the production of examinations, the expansion of the range of issues being solved and the increase in their complexity. The role and possibilities of the prosecutor, as the procedural manager, regarding the timely detection and prevention of these errors are considered. It was noted that the effective work of the prosecutor in this direction requires special forensic knowledge. On the other hand, the imparting of deep knowledge simultaneously both in jurisprudence and in various fields of special knowledge of one person seems to be an extremely difficult and not always expedient decision. In connection with the above, it is proposed to introduce the specialization of prosecutors according to the direction of the crimes, the investigation of which is under their procedural guidance. It is also recommended to introduce the practice of conducting specialized advanced training courses, to which employees of expert institutions should be involved. The latter will not only increase the information content of the courses, but will also facilitate the exchange of practical experience and scientific opinions between prosecutors and forensic experts. In addition, it is proposed to introduce the institute of forensic prosecutors, whose duties will include advisory assistance in some cases when there is a need for special forensic knowledge, including when appointing forensic examinations and when evaluating an expert opinion. Key words: pre-trial investigation, forensic examination, evaluation of results.
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Stefanchuk, Maryna. "GUARANTEES OF PROSECUTORS IN THE TERMINATION OF AN EMPLOYMENT CONTRACT: LEGAL CERTAINTY." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 124 (2022): 90–96. http://dx.doi.org/10.17721/1728-2195/2022/5.124-15.
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The problematic aspects of the practical implementation of the provisions of the legislation, which regulate the guarantees of employees upon termination of the employment contract, are highlighted. These issues are investigated in the aspect of its application to prosecutors during the staff reform of the Public Prosecutor's Office as the embodiment of priority measures for the reform of this institution at the current stage. The purpose of the scientific article is to establish the problematic aspects of the legislative consolidation of guarantees of prosecutors upon termination of an employment contract under labor and special legislation and the practice of its application in the process of staffing the prosecutor's office as well as formulating proposals for their solution. To achieve this goal, formal-logical, systematic, hermeneutic, comparative-legal and analytical methods of scientific research were used. It has been established that the current stage of reforming the Public Prosecutor's Office in Ukraine is a continuation of its earlier reform as an institution is focused on the needs of society and the state. The priority direction of such reform is determined by the need to eliminate gaps in normative legal acts in order to improve the implementation of constitutional powers by prosecutors. At the same time, the issue of staffing the prosecutor's office remains relevant, considering that within a short period of time, significant changes have occurred twice in such a component of the mechanism for monitoring the success of this reform as personal responsibility for the implementation of its provisions. It was established that in the absence of a legal position of a court of constitutional jurisdiction in the matter of the constitutionality of priority measures to reform the prosecutor's bodies, the problematic aspects of personnel overloading of the Public Prosecutor's Office are resolved in the legal positions of the Supreme Court and in the Decisions of the Constitutional Court of Ukraine on constitutional complaints of interested subjects regarding the extension to prosecutors of the legal guarantees provided for The Labor Code of Ukraine upon termination of an employee's employment contract. The provisions of the legislation and the corresponding judicial practice in the field of special application of the guarantees provided by labor legislation to prosecutors upon termination of the employment contract are analyzed. It was established that the special Law of Ukraine "On the Public Prosecutor's Office" defines an exclusive list of cases when the norms of the Labor Code of Ukraine are not applied to the legal relationship regarding the dismissal of prosecutors. It is argued that despite the fact that the form of a personal notice to an employee about the next dismissal is not defined by legislation, such a notice can be considered to be personal if it contains data relating to a specific, individual person, that is, it contains personal data. It is proposed, in a systematic connection with the provisions of the legislation on the protection of personal data, to qualify a notice about the subsequent dismissal of an employee as personally issued, provided that the content of the information contained in it meets the criterion of "personality", that is, the possibility of identifying the person to whom it relates.
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Shobukhin, V. Yu. "Anti-Corruption Education in the Activities of Prosecutors and Peculiarities of its Legal Regulation." Lex Russica, no. 8 (August 27, 2021): 46–57. http://dx.doi.org/10.17803/1729-5920.2021.177.8.046-057.
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Corruption is one of the most pressing problems and real threats to the national security of every state, including Russia. The Prosecutor’s Office of the Russian Federation plays a key role in the fight against corruption. One of the most effective ways to counter this antisocial phenomenon is prevention. The author proposes the concept of "anti-corruption education", which is unusual for the legislation on the prosecutor’s office and prosecutorial practice, in relation to the activities of prosecutors, defines the concept and explains the main directions, forms and methods. Two main areas of this prosecutor’s activity are indicated: 1) anti-corruption education of prosecutors themselves; 2) anti-corruption education (including within the framework of legal informing the population) of other persons. The author examines thier content, identifies common problems and proposes solutions. The specific features of anti-corruption education within the framework of the system of professional training and advanced training of prosecutors are analyzed separately. The paper explains the role and positive value of legal education and legal information as effective tools of anti-corruption education of citizens. Based on the analysis of the practice of prosecutorial activities, the authors noted the demand for active anti-corruption informing of the population, increasing the anti-corruption legal awareness of citizens (especially young people). The paper elucidates the effectiveness of organizing and conducting thematic lectures and other meetings, contests and other game forms of interaction, combining the efforts of the prosecutor’s office with civil society institutions. The potential of anti-corruption informing citizens with the help of Internet resources and the achievements of computer technologies is characterized. Attention is drawn to the expediency of such work in the framework of the implementation of special documentary films and feature films projects devoted to the activities of the prosecutor’s office. The author highlights the importance of anti-corruption education through active and purposeful interaction with the media, including interaction carried out in order to form citizens’ convictions about the inevitability of punishment for corruption crimes. The conclusion is substantiated that the prosecutor who carries out anti-corruption education must certainly meet high moral requirements and be distinguished by an impeccable reputation.
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GK, R. M. Bagoes Radityo, Kristiwanto Kristiwanto, and Ramlani Lina Sinaulan. "Kepastian Hukum Penyadapan Penyidikan Kejaksaan Dalam Melakukan Kewenangan Atas Tindak Pidana Korupsi." SALAM: Jurnal Sosial dan Budaya Syar-i 8, no. 5 (November 25, 2021): 1639–54. http://dx.doi.org/10.15408/sjsbs.v8i6.23307.
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Corruption crimes which are categorized as extraordinary crimes and white-collar crimes, in an effort to prove the case, sometimes require unusual efforts, including electronic evidence in the form of wiretapping results that can be used to prove cases in court. The formulation of the problems presented are: (1) How is the legal certainty of the prosecutor's authority as an investigator in wiretapping cases of criminal acts of corruption. The approach method used is a normative juridical approach, namely legal research that focuses on research on secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Conclusion The Prosecutor's Office in exercising its authority is based on legal certainty as an investigator, apart from its main task of conducting prosecutions or public prosecutors. The authority is given by law to prosecutors to conduct investigations on criminal acts of a special nature, one of which is corruption cases.Keywords: Wiretapping of Prosecutors' Investigators, Authority, Corruption Crimes Abstrak Tindak pidana korupsi yang terkategorikan sebagai extra ordinary crimes dan white collar crime, dalam upaya untuk membuktikan perkaranya, terkadang memerlukan upaya yang tidak biasa, antara lain dengan bukti elektronik berupa hasil penyadapan telepon yang bisa digunakan pembuktian perkara di persidangan. Rumusan masalah yang dihadirkan adalah: (1) Bagaimana kepastian hukum kewenangan Jaksa sebagai penyidik dalam melakukan penyadapan terhadap perkara tindak pidana korupsi. Metode Pendekatan yang di gunakan adalah metode pendekatan yuridis normatif yaitu peneltian hukum yang menitikberatkan pada penelitian terhadap data sekunder berupa bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Kesimpulan Lembaga kejaksaan dalam menjalankan kewenangan dilandasi dengan kepastian hukum sebagai penyidik, selain dari tugas utamanya adalah melakukan penuntutan atau penuntut umum. Wewenang yang diberikan undang-undang terhadap jaksa untuk melakukan penyidikan pada tindak pidana yang bersifat khusus yang salah satunya adalah kasus korupsi.Kata Kunci : Penyadapan Penyidik Kejaksaan, Kewenangan , Tindak Pidana Korupsi
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Khotynska-Nor, Oksana. "THE MODEL OF PROSECUTORIAL SELF-GOVERNANCE IN UKRAINE AND THE BALTIC COUNTRIES: A COMPARATIVE ASPECT." Access to Justice in Eastern Europe 7, no. 2 (March 1, 2024): 1–17. http://dx.doi.org/10.33327/ajee-18-7.2-a000201.
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Background: New legislation in Ukraine has introduced a significant change in the function of the prosecutor’s office by establishing bodies of prosecutorial self-governance. Their implementation stems from the change in the constitutional status of the prosecutor's office and the need to strengthen the independence of prosecutors while minimising external political and internal systemic influence on their work. Such reforms align with a pan-European tendency, which was formed as a result of the modernisation of approaches to the perception of the prosecutor's office. The independence of the judiciary and the effectiveness of the administration of justice depends on the independent activity of such body as the prosecutor's office. This necessitates the formation and development of the principle of political neutrality, which should form the basis of the organisation and activity of the prosecutor's office in a state governed by the rule of law. Orientation to international standards and best practices allows us to hypothesise about the progressiveness of the Ukrainian model of prosecutorial self-governance. This hypothesis can be tested through a comparative analysis with other countries. We have chosen the Baltic countries for comparison as they are connected with Ukraine by a common Soviet past; however, they decided on the European course of their development much faster. The article offers an overview of models of prosecutorial self-governance in Latvia, Lithuania, Estonia and Ukraine, outlining the structure and competence of their bodies. Based on a comparative analysis of Ukraine’s example, the researchers have identified the main directions for strengthening the institutional capacity of prosecutorial self-governance bodies. Methods: In conducting the scientific work, the authors employed several special legal methods, which allowed them to realise both the collection and generalisation of factual data, as well as to carry out a multi-level comparison of selected research objects at the proper level. The study relied on, in particular, formal-legal, logical-legal, historical-legal and comparativelegal methods of scientific learning. Results and Conclusions: It has been concluded that the introduction of prosecutorial selfgovernance in the states is a necessary step in the direction of strengthening the independence of prosecutors as a component of effective justice. This makes it possible to minimise external political and internal systemic influence on personnel processes in the prosecutor's office system, contributes to ensuring its political neutrality, as well as solves issues of financial, material, technical, and other provisions for prosecutors. In this sense, the Ukrainian model of prosecutorial self-governance is quite progressive, although it is not without disadvantages. In particular, the dispersion of personnel powers among different subjects makes prosecutors vulnerable in career advancement, specifically regarding clarity in the demarcation of their competence. This focuses on further developing prosecutorial self-governance, strengthening its institutional capacity.
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Honchar, R. V. "Termination of the employment contract for violation of labor discipline on the grounds provided for by special laws." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 157–62. http://dx.doi.org/10.24144/2788-6018.2022.04.28.
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The article states that terminating an employment contract is one of the most effective means of ensuring labor discipline. Disciplinary responsibility can be general or special. Special (official) disciplinary responsibility is provided only for specifically defined categories of employees and is established in statutes, provisions on disciplinary responsibility and special regulatory acts. It is characterized by the presence of a special subject of a disciplinary offense, a special nature of a disciplinary offense, special types of disciplinary penalties, a special procedure for imposing and challenging a disciplinary penalty. That is why the regulation of the responsibility of such employees, and the termination of the employment contract for violation of labor discipline with them, is special. These factors, enshrined in special laws, determine the specificity of the grounds for termination of the employment contract for violation of labor discipline and various procedural forms, and determine the differentiation of disciplinary responsibility. The article analyzes the grounds for terminating an employment contract for violation of labor discipline by civil servants, provided for by the Law of Ukraine "On Civil Service". Official discipline is explained as strict observance of the Oath of a civil servant, conscientious performance of official duties and rules of internal official procedure. Also, for violation of these fundamental principles, the civil servant is subject to disciplinary responsibility, including dismissal. The article examines the procedure for terminating an employment contract for violation of labor discipline with a civil servant, indicates the stages and stages of the procedure for terminating an employment contract. The next category of employees whose employment contracts are terminated for violation of labor discipline on grounds provided for by special laws are prosecutors. Modern legal regulation of the termination of an employment contract for violation of labor discipline with prosecutors is characterized by the implementation of a modern European model, according to which disciplinary proceedings against prosecutors are not carried out by managers alone, but by independent specialized bodies in compliance with a special legally established procedure. This approach makes it possible to comprehensively and impartially consider claims that the prosecutor has committed a disciplinary offense, and to terminate the employment contract with the prosecutor only in the event that the essence of the offense corresponds to the most severe form of disciplinary sanction.
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Leo Putra, Agustinus Dian, and Gunarto Gunarto. "The Role Of Prosecutors In Handling Eradication Of Corruption Crime." Law Development Journal 3, no. 2 (July 26, 2021): 232. http://dx.doi.org/10.30659/ldj.3.2.232-239.
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The purpose of this study is to examine and analyze the role of the Prosecutor's Office in handling criminal acts of corruption judicially. In this paper the author uses a normative juridical method. Based on the research, it can be concluded that the duties and functions of the prosecutor as an investigator of criminal acts of corruption are in accordance with the provisions of Article 284 paragraph (2) of the Criminal Procedure Code, the Prosecutor is still authorized to carry out investigations of special crimes in this case corruption. Eradication of corruption is to rely on the consistent treatment of Law on the eradication of corruption. 20 of 2001 concerning amendments to Act No. 31 of 1999 concerning the eradication of corruption. The prosecutor as an investigator concurrently serves as a public prosecutor in handling corruption crimes. Exceptions based on Article 284 paragraph (2) of the Criminal Procedure Code. The Criminal Procedure Code has relinquished the investigative authority from the prosecutor's office, and has been fully assigned to the police
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Maryukhno, Vitaliy. "Гарантії дотримання норм професійної етики суддею, прокурором і адвокатом (на прикладі України)." Copernicus Political and Legal Studies 1, no. 2 (2022): 76–85. http://dx.doi.org/10.15804/cpls.20222.08.
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The scientific article is devoted to guarantees of compliance with professional ethics by judges, prosecutors and lawyers. The purpose of the article is the scientific development of the problems of guarantees of compliance with the professional ethics of the judge, prosecutor and lawyer by defining the concept of guarantees of compliance with professional ethics, defining the main varieties of these guarantees, as well as providing their general characteristics. The scientific article formulates the concept of guarantees of compliance with professional ethics as special legal means aimed at ensuring compliance of professional activity and out-of-service behavior of representatives of relevant legal professions with ethical requirements, prevention of violations of professional ethics and elimination of their negative consequences. The main types of guarantees of compliance with professional ethics by judges, prosecutors and lawyers, namely: ethical selection; making an oath; development and approval of codes of ethics; study of ethics; activities of the relevant authorized bodies; responsibility for ethics violations. It is concluded that these guarantees are typical for representatives of various legal professions, due to the unified legal nature of the rules of professional ethics for lawyers. In view of this, the further development of such guarantees is seen in their unification and improvement of the regulatory regulation of the professional ethics of judges, prosecutors and lawyers, as well as the practice of its application. It is proved that these guarantees constitute an orderly system, that in unity and interconnection allows to establish certain ethical rules and norms, to bring them to the attention of interested persons, to determine the state of their observance and to ensure the most complete implementation in professional activity. Based on the analysis of the current legislation of Ukraine on the judiciary and the status of judges, the prosecutor’s office and the bar examined in detail the content of each of these guarantees. Their influence on the observance of professional ethics of judges, prosecutors and lawyers is determined.
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Voronin, Oleg V. "Principles of Organizing Penitentiary Supervision by the Prosecutor's Office." Ugolovnaya yustitsiya, no. 18 (2022): 100–105. http://dx.doi.org/10.17223/23088451/18/18.
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Penitentiary supervision is a separate type of prosecutor's supervision carried out within the framework of the relevant sectors. It is based on the key principles of organizing prosecutor's supervision: the unity of the prosecutor's system, centralization, independence, legality and publicity of its activities, as well as on the organizational principles: delimitation of competence and powers by zones and objects. The main issues of the structure of penitentiary supervision are resolved at the level of regional prosecutor's offices according to the zone and object principle, taking into account the priority of territories in organizing prosecutor's supervision. Organizing of penitentiary supervision is based on the general principles of the organization and activities of the prosecutor's office, taking into account the specifics of supervision over the legality of compulsory isolation - certain features of its implementation due to the broad subordinate normative legal regulation and the special composition of the bodies and officials of the prosecutor's office who exercise it. In this regard, it is necessary to have significant specialization in the implementation of prosecutor's supervision activities, which is an additional argument for the functioning of specialized prosecutor's offices to supervise the observance of laws in correctional institutions, which also presupposes prosecutors' deep immersion in a separate regulatory legal array. The specialization should not be radical, with significant structural changes in the existing prosecutor's activities. It seems sufficient to create appropriate working conditions in the relevant prosecutor's offices by, for instance, releasing prosecutors from other non-core duties.
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ISAENKO, V. N. "PARTICIPATION OF THE PUBLIC PROSECUTOR IN THE INTERROGATION OF THE EXPERT IN THE JUDICIAL INVESTIGATION." Lobbying in the Legislative Process 3, no. 2 (March 30, 2024): 43–50. http://dx.doi.org/10.33693/2782-7372-2024-3-2-43-50.
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The article analyzes the situation, arising in connection with the need for the prosecutor - public prosecutor to interrogate an expert in a judicial investigation to clarify or supplement the conclusion given by him. These situations may be due to the probable conclusion of an expert, the presence of a large number of special terms in the conclusion, the expert’s use of a new research methodology and other reasons. Petitions for the interrogation of an expert are mostly submitted by the defendants’ defenders. In refutation of the conclusions of experts obtained in pre-trial proceedings, they often present the conclusions (opinions) of specialists, petitions are made for their interrogation. However, in connection with that, that the conclusions and testimonies of specialists in the vast majority of cases contain an assessment of the expert’s opinion, which is exclusively within the jurisdiction of the court, they are not taken into account by the courts when making a decision on the case, which is reflected in the materials of the trial. The possibility of questioning an expert in a judicial investigation is also used by prosecutors - state prosecutors, who are obliged to take a balanced approach to the application of petitions for this, and carefully consider the list beforehand, the wording, the order of the questions they ask. However, more often, prosecutors have to object to the petitions of defenders to recognize the evidence obtained in pre-trial proceedings as inadmissible, to attach conclusions (opinions) to the case and to interrogate in court specialists involved by defenders who question the conclusions of experts, to appoint repeated examinations, etc. Prosecutors. participating in possible subsequent sessions of the courts of appeal and cassation in this case. In preparing for them, attention will be paid to the content of the questions asked to the expert by the parties and the answers to them, to the validity of the mentioned defense petitions and objections to them by the prosecutor, whether they were taken into account or rejected by the court, and if they are justified, they can be used to defend arguments as appropriate representations of prosecutors, so are the complaints of other participants in the process, objections, as well as to that, has the court taken them into account or rejected them, and if they are justified. Therefore, when reviewing the minutes of the court session, the prosecutor, the person who supported the state prosecution is obliged to find out, how fully does it reflect the content of the expert’s interrogation, the questions asked to him by the parties and the answers to them, the content of the defense’s petitions and the prosecutor’s objections to them. The prosecutor - public prosecutor is obliged to make maximum use of the possibilities of studying expert opinions in the judicial investigation in order to assist the court in making a lawful decision. a reasonable and fair sentence. The article also expresses an opinion on some gaps in the norms of the criminal procedure law governing the appointment of an examination in court, as well as on the certain controversy of the position of the Plenum of the Supreme Court of the Russian Federation regarding one of the grounds for the appointment of a re-examination by the court.
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PAVLOVA, ELENA. "METHODOLOGY AND OBJECTS OF ASSESSMENT OF THE EXPERT’S OPINION BY THE STATE PROSECUTOR." Sociopolitical sciences 10, no. 3 (June 30, 2020): 164–69. http://dx.doi.org/10.33693/2223-0092-2020-10-3-164-169.
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Purpose of the study. Consideration of the problems existing in the practice of analysis, assessment and use of expert opinions by public prosecutors, and their causes. The study of the methodology for the implementation of this activity as a combination of:a) theoretical principles and practical methods, research methods that the prosecutor applies to assess the relevance, admissibility, reliability of the expert’s opinion; b) a system of principles and methods for studying the laws in accordance with which the process of this assessment proceeds. The author briefly considers the principles of: a) legality; b) science; c) systemic; d) objectivity included in the set of principles on which the assessment of the expert’s opinion is based. The author proposes the sequence of the prosecutor’s decision to analyze and evaluate the expert’s opinion, considered as the most rational way of this activity. The set of questions clarified in this case is considered both as a task and as a set of objects of assessment. These objects are divided into two groups, depending on the nature of the main issues to be solved; 1) concerning the assessment of the possibility of using one or another expert opinion as evidence of a charge in court; 2) relating to the definition of tactics of their submission to the court and participation in their research. The article provides examples of the use of individual research methods and assessment of expert opinions: comparative legal, analogy, analysis and synthesis. The results of the study . The analysis and assessment of the expert’s opinion is a complex cognitive process that requires legal and special knowledge, practical experience, knowledge of the methodology of this work from prosecutors. Its use in compliance with the principles that it is based on is one of the ways to increase the professional level of public prosecutors.
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Хатов, Эдуард, and Eduard Khatov. "QUESTIONS OF INFORMATION SUPPORT OF PROSECUTORIAL SUPERVISION OVER ENFORCEMENT OF ANTI-CORRUPTION LAWS." Journal of Foreign Legislation and Comparative Law 2, no. 4 (September 5, 2016): 0. http://dx.doi.org/10.12737/21246.
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The present article is devoted to identifying the sources and gathering information system in the process of prosecutorial supervision over the implementation of laws on combating corruption. On the basis of the content of the legal acts regulating the activities of designated prosecutors in the field of supervision over the implementation of laws on combating corruption as well as the application thereof, and also statistics, the author undertakes to study the information component of the activities of prosecutors in the field in question. The definition and classification are based on the information used in this area by supervisory agencies. The author analyzed the powers of prosecutors in the field in question. Special attention is given to the existing restrictions established for the methods of working with the information that is accessible to prosecutors. The author specifies the causes which give rise to liability for breach of such requirements. The article also contains a number of recommendations relating to the collection and identification of sources of information in the exercise of prosecutorial supervision over the implementation of laws on combating corruption. The conclusion is that the achievement of positive results in supervisory activities in this area is impossible without the high-quality information and analytical support for the activities of the prosecutor.
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Osintsev, D. V. "A prosecutor as a subject of an administrative offense." Actual Problems of Russian Law, no. 4 (May 30, 2019): 34–39. http://dx.doi.org/10.17803/1994-1471.2019.101.4.034-039.
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The paper considers a rather unexpected problem that is practically not discussed in the literature, i.e. the problem of considering a Prosecutor as a specific subject of an administrative offense. The current legislation provides for considering the named person not only as a subject of administrative jurisdiction, a special participant in the administrative proceedings, but also as a subject that may be held administratively responsible. Unfortunately, a special mechanism for bringing the Prosecutor to administrative responsibility is not spelled out in detail. Thus, the author proposes the options for qualifying possible offenses with his or her participation, the features of imposing certain types of penalties and transformation of both types of responsibility of prosecutors and public prosecution offices as legal entities.
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Wahyuningsih, Sri Endah, and Agus Sunaryo. "THE ROLE OF PROSECUTOR OFFICE IN THE ERADICATION OF CORRUPTION CRIMINAL ACTS IN INDONESIA." Jurnal Pembaharuan Hukum 4, no. 2 (August 15, 2017): 244. http://dx.doi.org/10.26532/jph.v4i2.1701.
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In fact, there are still many cases of corruption that have not been revealed; this resulted in the public to be pessimistic with the seriousness of the Prosecutor Office in uncovering variouscases of corruption that are happening today. The purpose of this study is to know the role ofthe Prosecutor Office in the eradication of criminal acts, to obtain an overview of the mechanismof corruption handling by prosecutors in Indonesia and to analyze the obstacles and solutionsin eradicating crime in the Attorney General. The research method was sociological juridical,and data collection were gained by using observation and interview. The existence and role ofthe Public Prosecution Service in eradicating corruption crime begins when the case has notbeen transferred to the Court until the execution of the decision of the Court. However, in thecriminal act of corruption the Prosecutor’s Office has the authority as a public prosecutor aswell as an investigator. The authority of the prosecutor as a special criminal investigator shall beregulated by Law Number 16 Year 2004 regarding the Attorney of the Republic of Indonesia inArticle 30 paragraph (1) letter d. In addition, in its role against the eradication of corruption, theProsecutor’s Office has always conducted a coordination relationship with the Police Agency andthe Corruption Eradication Commission. The mechanism for handling corruption in the AttorneyGeneral Office, through several procedures already set out in the law includes Investigation,Investigation and Prosecution.
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Acknaasya, Amara Arruum, and Niken Wahyuning Retno Mumpuni. "Kewenangan Jaksa Pengacara Negara dalam Memberikan Bantuan Hukum Non Litigasi pada Perkara Perdata: Studi Kasus di Kejaksaan Tinggi DIY." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 2 (July 18, 2024): 2320–29. http://dx.doi.org/10.47467/as.v6i2.7109.
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This research aims to examine the authority and role of State Prosecutors in providing non-litigation legal assistance in civil cases, with a case study conducted at the High Prosecutor's Office in Yogyakarta Special Region. The study explores the application of legal rules and analyzes the implementation of legal assistance provided by the Prosecutor's Office in cases of defaulted loans faced by PT. Permodalan Nasional Madani (Persero), a state-owned financial institution supporting SMEs, using both normative and empirical approaches. Primary legal materials such as various related laws and secondary legal materials from journal articles and literature were utilized. The research findings indicate that State Prosecutors significantly influence the provision of non-litigation legal assistance, yet encounter several obstacles. External obstacles include debtors' lack of awareness of their obligations and minimal requests for legal assistance from government agencies, state-owned enterprises, and regional-owned enterprises (BUMD). Meanwhile, internal obstacles primarily relate to budget limitations that hinder the efficiency and effectiveness of handling civil cases. The case highlighted in this study involves the collection of a working capital loan amounting to IDR 45 million provided by PT. PNM Branch Yogyakarta to a debtor who failed to repay. Through case analysis, it was found that State Prosecutors undertook a series of steps from receiving requests for legal assistance, collecting data and evidence, to negotiating and resolving the issue. In this case, negotiations successfully recovered state finances with the debtor settling outstanding debts amounting to IDR 27,925,995. This research underscores the role of State Prosecutors in providing non-litigation legal assistance and emphasizes the need for increased understanding and budget allocation to optimize the resolution of non-litigation civil cases.
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PRYSIAZHNA, Anna. "Disciplinary responsibility of prosecutors of Ukraine: grounds, procedure and features of disciplinary proceedings." Economics. Finances. Law 5/2024, no. - (May 31, 2024): 79–82. http://dx.doi.org/10.37634/efp.2024.5.15.
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The paper is devoted to issues related to bringing prosecutors to disciplinary responsibility in Ukraine. Disciplinary responsibility is a type of legal responsibility that, compared to others, is the most common and often applied to prosecutors. It is worth noting that the existence and consolidation of the disciplinary responsibility of prosecutors at the legislative level does not contradict European standards and is justified, since this type of responsibility acts not only as a guarantor of the prosecutors' performance of their duties, ensuring the rights of citizens, society and the state, but also contributes to the prevention of offenses with by the prosecutors themselves. From a doctrinal point of view, the disciplinary responsibility of prosecutors is considered as a special, independent type of legal responsibility, which is applied in a specific sphere of human life and is related to the professional activity of special subjects - prosecutors. Disciplinary responsibility of prosecutors as a type of legal responsibility consists in the infliction by the violator of prosecutorial discipline of adverse moral, material and organizational deprivations for him and is one of the means of ensuring compliance of the activity and behavior of prosecutors with professional standards. It cannot be claimed that today the practice of bringing prosecutors to disciplinary responsibility is clearly developed and unambiguous. Both the theory and the practice of holding prosecutors to account require serious consideration and the introduction of new approaches in order to increase their effectiveness. In general, the disciplinary responsibility of prosecutors is aimed at forming a responsible professional approach and stopping offenses in the legal sphere, in particular the corruption component.
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Manova, Nina, Anna Churikova, and Iraida Smolkova. "Can the Fight Against Crime Act as a Paradigm for the Legal Model of the Prosecutor's Activity?" Russian Journal of Criminology 15, no. 5 (November 25, 2021): 613–23. http://dx.doi.org/10.17150/2500-4255.2021.15(5).613-623.
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The prosecutor plays a special role in counteracting crime, being the public officer whom the state made responsible for coordinating the activities of all law enforcement bodies, as well as for the legality and validity of criminal prosecution against persons who committed crimes. Today, alongside the legal model of the prosecutor’s activity provided for in the Criminal Procedure Code of the Russian Federation according to which the prosecutor performs the function of criminal prosecution nominally and is, in fact, removed from the participation in the pre-trial stages of the criminal process, there has also developed a rather autonomous real-life model of the prosecutor’s activities. In practice, the prosecutor still has an opportunity to influence the decisions regarding the initiation of a criminal case and indictment at the stage of preliminary investigation. The study of a prosecutor’s participation in the pre-trial proceedings, a survey of prosecutors, investigators and inquiry offices made it possible to conclude that rights and legal interests of the participants in the process are often sacrificed for the sake of indicators of the effectiveness of criminal prosecution and crime solving rates. The authors analyze the causes of this situation and reveal the drawbacks in the current normative model of the prosecutor’s activity. This analysis allowed them to conclude that there should be no conflict between such determinants of a prosecutor’s activity as counteracting crime and ensuring the rights of the participants of criminal proceedings if the legal model of the prosecutor’s activity is well-considered and carefully drawn. The lawmakers should see their task in finding a reasonable and clear balance between the abovementioned values; the absence of such a balance will inevitably result in a repressive approach to crime counteraction, which is absolutely unacceptable for the modern legal state. The authors describe the factors which, if taken into account, will make it possible to eliminate key problems of the legal model of the prosecutor’s work as well as the distortions and errors in its enforcement. They make a number of suggestions aimed at designing a model of the prosecutor’s activities that would contribute to effective crime counteraction without violations against rights and legal interests of persons in the sphere of criminal proceedings.
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S. K. Zhetpisov and A. S. Beksultanov. ""A MODEL OF PROFESSIONAL - DEONTOLOGICAL CULTURE OF OFFICIALS THE PROSECUTORS’S OFFICE IN THE REPUBLIC KAZAKHSTAN"." Bulletin of Toraigyrov University. Law series, no. 4,2022 (November 14, 2022): 59–76. http://dx.doi.org/10.48081/oafb7880.
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"The professional deontological culture is a systematic complex socio-legal phenomenon that affects the quality of work of the Prosecutor’s Office officials. Under the conditions of socio-economic reform of society, the moral foundations of public service, the moral characteristics of public servants acquire special importance. Practically, the leading regulator that determines a person’s specific behavior becomes its moral orientation. The relevance of research on the problem is determined by the following reasons: - the strengthening demand for better social protection has led to an increase in the level of social claims to the authority, professionally engaged in the supervision over the state of law in the country; - frequent cases of neglect of prosecutors to the law, the rights of citizens, the other legal values, and at the same time, increasing numbers of violations of the law by using official power. The aim of the research is to present a model of professional deontological culture formation in officials of the Prosecutor’s office of the Republic of Kazakhstan and a complex of conditions for its effective functioning Keywords: deontological foundations, prosecutors, ethics, legal conscience, legal culture, morality."
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Прокопенко, О. Ю., and В. І. Кравцов. "Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions." Law and Safety 80, no. 1 (March 19, 2021): 55–61. http://dx.doi.org/10.32631/pb.2021.1.07.
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The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities.
The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office.
The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community.
Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.
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Korshunova, Olga N., and Svetlana I. Korachentsova. "SOME ASPECTS OF THE ORGANIZATION OF PROSECUTOR'S SUPERVISION OVER EXECUTION OF LAWS ON MINORS IN THE FIELD OF URBAN DEVELOPMENT." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 49–63. http://dx.doi.org/10.17223/22253513/40/5.
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The article deals with topical issues of assessing the legality of the Prosecutor's office documents of territorial planning, planning and placement of facilities for minors, taking into account the practice of land and urban planning legislation. As, undoubtedly, in the existing rates of design and construction works the measure of responsibility for observance not only the town-planning legislation, but its compliance to requirements of ecological standards also increases. The necessity of more thorough implementation of Prosecutor's supervision over the quality of planning, construction and reconstruction of infrastructure facilities for minors, as well as compliance with the requirements defined by the state in the field of urban plan-ning, up to bringing the perpetrators to the statutory responsibility. The authors also considered the issues of information and analytical activities of the Prosecutor's office, assessment of the legality of urban planning activities of local governments. The authors used the methods of analysis of documents and official materials, the establishment of features in the field of land use, urban planning, taking into account the legislation of territorial planning docu-ments and special technical standards. The conclusion about the need for interaction of the Prosecutor's office with the public and the scientific community, as well as the possibility of their involvement in interdepartmental meetings, working groups, and other assistance to the Prosecutor's office. As a result of the study, the need for prosecutors to take into account the shortcomings allowed by local authorities in the implementation of their functions for the development of territorial planning documents is justified, recommendations are proposed to prosecutors, which can be used in assessing the legality of territorial planning documents. The recommendations that can be applied in assessing the legality of the implementation of urban legislation and the implementation of prosecutorial supervision in this area. On the basis of the rules of law, a General approach to the use of special expertise and the production of expertise is presented.
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Osipova, Olena. "Participation of the prosecutor in the proceedings outside the limits of the public prosecution." Slovo of the National School of Judges of Ukraine, no. 2(43) (November 7, 2023): 64–74. http://dx.doi.org/10.37566/2707-6849-2023-2(43)-4.
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The article examines the topical issues of the prosecutor's representative function in judicial proceedings in the conditions of law enforcement reform and martial law. Special attention is paid to consideration of issues regarding the limits of the prosecutor's representation of the state's interests in court proceedings. The views of scientists on the place and role of the prosecutor in the judiciary are analyzed, and the author's definition of the concept of the prosecutor's representative function in court is presented. The dual legal nature of the participation of the prosecutor in the judicial proceedings is shown, who, on the one hand, is a participant in the case, and on the other hand, retains the elements of supervision over the legality of procedural actions of other participants and court decisions. The legal status of the prosecutor in the process of representing the interests of the state in court and in other cases of his participation in the consideration of administrative, economic and civil cases by the courts was studied. The expediency of limiting the representation of the interests of the state in court by the prosecutor to the sphere of defense, budgetary relations and corruption and narrowing the scope of the prosecutor's powers in court, in particular due to the right to enter into the consideration of the case at the request of other persons at any stage of the court proceedings and to initiate the review of court decisions independently from his participation in the proceedings. A comparative analysis of the norms of laws and the branch order of the Public Prosecutor's Office regarding the participation of the prosecutor in certain types of judicial proceedings was carried out in order to check their compliance with the provisions of the Constitution of Ukraine, and attention was drawn to existing discrepancies and the need for their correction. It is proved that the content of the concept of participation of the prosecutor in judicial proceedings is broader than the concept of representation by the prosecutor in court. It was established that with the addition of the Law of Ukraine «On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights» and the introduction of relevant changes to the procedural codes of Ukraine, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights completely took over the function of the prosecutor's office in representing the interests of citizens in court, having received the appropriate powers, in including those that belonged exclusively to prosecutors. Legislative proposals on further reform of the prosecutor's participation in the judicial process were provided, in particular, it was proposed to limit the representation of the state's interests by the prosecutor to the spheres of defense, the budget and anti-corruption during martial law, and in the future, if there are appropriate social, political and legal conditions, to completely abandon the representative function of the prosecutor in court. In the post-war period, it was proposed to amend Clause 2 of Part 1 of Article 131-1 of the Constitution of Ukraine, where instead of representing the interests of the state in court, it should be written «other participation of the prosecutor in the proceedings in the cases and procedure specified by law». Key words: prosecutor, representation in court, interests of the state, interests of the citizen, legal status of the prosecutor, judiciary, function of the prosecutor's office, human rights commissioner.
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Miha, Elsa. "Preliminary investigation and invalidity of investigative actions." European Journal of Economics, Law and Social Sciences 8, no. 2 (June 1, 2024): 48–56. http://dx.doi.org/10.2478/ejels-2024-0009.
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Abstract Time limits for preliminary investigation and it’s duration is part of the right to a regular legal process, provided for by Article 42 of the Constitution of the Republic of Albania.1 The deadline of the preliminary investigation begins from the date that the name of the person whom the criminal offence is attributed to has been written in the register of notification of criminal offence and ends at the moment the investigations are completed with the relevant acts, the end of the investigations, etc. The duration of the preliminary investigations are different, depending on the prosecution, so in the general jurisdiction prosecution, the preliminary investigation period is 3 months and in the special jurisdiction prosecution it is 6 months. Extension of the preliminary investigation can be done periodically every 3 months, with a maximum term of 2 years, by the prosecutor of the concrete case. In addition to this 2-year period, the deadline can be extended by one more year by the General Prosecutor for the prosecutors of the general jurisdiction and by the Head of the Special Prosecution against Organized Crime and Corruption, for the prosecutors of this prosecution. The goal of the legislator who has set deadlines for the preliminary investigation is not only the completion of the investigation within a reasonable period, but also the legality, validity of all acts and the usefulness of all the evidence obtained during this period of the preliminary investigation. In this way, the legislator has disciplined the preliminary investigation and its validity. Thus, in order for the investigation to be valid, all evidence and procedural acts must be done within this validity period. But what happens if the investigative actions are carried out after the preliminary investigation period? What about the procedural acts that the prosecutor compiles at the end and beyond the deadline of the preliminary investigation, will they be valid and usable? These and other will be part of the analysis of this article.
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Smirnov, A. V. "The concept and the administrative-legal nature of public service in the prosecutor’s office of the Russian Federation." Penitentiary Science 14, no. 3 (2020): 394–99. http://dx.doi.org/10.46741/2686-9764-2020-14-3-394-399.
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Based on the analysis of various scientific positions, the article reveals the administrative-legal nature and essence of state-service relations in the prosecutor’s office of the Russian Federation. It is noted that the uniqueness of the prosecutor’s service is due, among other things, to the execution of various law enforcement, human rights, control and supervisory and other functions by prosecutors, which indicates the multifunctionality of this type of public service. Such characteristics of the service in the prosecutor’s office, in turn, lead to increased requirements for the service itself, for the business and moral qualities of employees. On the basis of the methodology of integrative legal thinking, the author’s concept of civil service and service in the prosecutor’s office is given. The latter, in particular, is disclosed as a special type of professional activity carried out on behalf of the state by its citizens holding positions of the federal public service in the prosecutor’s office of the Russian Federation, in order to fulfill in accordance with the law on the prosecutor’s office and the rules establishing special moral and ethical requirements for their official and off-duty behavior of the duties assigned to the prosecutor’s office, carried out in order to ensure the supremance of law, unity and strengthening the rule of law, protect human and civil rights and freedoms, the interests of society and the state protected by law, as well as related to the performance of the functions of internal management of the prosecutor’s office, organizing and service in these bodies.
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Hutnyk, Alina, and Yelyzaveta Kots. "ПРОБЛЕМНІ АСПЕКТИ ВРУЧЕННЯ ПРОЦЕСУАЛЬНИХ ДОКУМЕНТІВ ОСОБІ, ЯКА ПЕРЕБУВАЄ НА ТИМЧАСОВО ОКУПОВАНІЙ ТЕРИТОРІЇ АБО НА ТЕРИТОРІЇ ДЕРЖАВИ-АГРЕСОРА." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (April 22, 2023): 271–79. http://dx.doi.org/10.31733/2078-3566-2023-2-271-279.
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Problems that arise when delivering procedural documents to a person who is on the temporarily occupiedte rritory or on the territory of an aggressor state during a pre-trial investigation and when conducting a special pre-trial investigation are examined in the article. It has been established that the web page of the General Prosecutor’s Office is not aimed at a person participating in criminal proceedings, facts of the distribution of personal data have been discovered. It has been proposed to improve the web page of the General Prosecutor’s Office, on which procedural documents are published, namely to add the possibility of choosing a language for persons who do not speak Ukrainian and to ensure the search for procedural documents on the page by the date of their publication, the surname of the person, the qualification of the article, the area in which pre-trial investigation body is located. According to the result of the appeal sent to the Office of the General Prosecutor about the distribution of personal data during the publication of procedural documents on the website, an increase is observed in the number of documents in which personal data are hidden. In order to ensure compliance with the requirements for the protection of personal data on the website, it has been proposed to carry out monthly checks of such publications and to solve the issue of bringing prosecutors to disciplinary responsibility. The need to exclude the requirement of mandatory delivery of procedural documents during a special pre-trial investigation has been proven. It has been concluded that currently the prosecution party rarely uses e-mail or social networks for delivering procedural documents. The advantages of using e-mail and social networks for delivering procedural documents to persons participating in criminal proceedings have been proven. It has been proposed to enshrine the following requirements for delivering procedural documents in the code. Keywords: procedural documents, subpoena, notification, special pre-trial investigation, suspect, temporarily occupied territory.
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Titova, Anzhela A., and Olga A. Gracheva. "Status of the Prosecutor's Office of the Russian Federation in Coordination Activities to Prevent Criminal Manifestations." Proceedings of the Southwest State University. Series: History and Law 12, no. 5 (2022): 115–24. http://dx.doi.org/10.21869/2223-1501-2022-12-5-115-124.
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Relevance. The relevance of this work is determined by the fact that the status of the prosecutor's office in co-ordinating activities to prevent criminal manifestations is not sufficiently determined. The scientific society actively continues to investigate its problems. A clear implementation of the function of coordinating the activities of law en-forcement agencies to combat crime will make the law enforcement system better and, of course, more focused on protecting citizens from lawlessness. The purpose article consists in determining the status of the prosecutor's office of the Russian Federation in coordination activities to prevent criminal manifestations. Objectives. Analyze the directions and forms of coordination work of law enforcement agencies to combat crime; formulate a number of proposals aimed at improving the effectiveness and quality of coordination activities of the prosecutor's office for the prevention and prevention of crimes. Methodology. In the process of working on the study, a set of general scientific methods of cognition (integrative, systemic and formally legal) used in modern jurisprudence were used. Results. Proposals were made on the development of methodological recommendations on coordination activities and the need to introduce special norms on coordination activities into the Law on the Prosecutor's Office - the consolidation of methods, principles, powers of prosecutors to prevent violations of laws. The importance of the coor-dination role of the prosecutor's office in the fight against criminal manifestations is shown. The positive results of the work of the prosecutor's office in the fight against crime for the period 2020-2021 are presented. Conclusion. According to the results of the study, the authors believe that the legislator has recently been ex-panding the boundaries when the prosecutor's office carries out coordination activities. The Prosecutor General's Office, as the main coordinator of law enforcement activities in the fight against crime, is obliged to maintain a state unified statistical record of data on the state of crime, as well as to carry out and monitor the implementation of coordination activities - meetings.
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Kosior, Wojciech J., and Krzysztof Żarna. "Prokuratura w państwach Grupy Wyszehradzkiej – historia, uwagi prawnoporównawcze, współpraca." Przegląd Prawa Konstytucyjnego 70, no. 6 (2022): 63–75. http://dx.doi.org/10.15804/ppk.2022.06.04.
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The public prosecutor’s office is one of the most important state organs responsible for upholding the rule of law and prosecuting crimes. The efficient functioning of the office is one of the guarantees of the implementation of a democratic state ruled by law. After 1989, in the countries of Central and Eastern Europe, after independence from Soviet influence, the prosecution authorities began to reform, trying to adapt to the new conditions. The exchange of mutual experiences in this area has a special form in the case of Poland, Hungary, Slovakia and the Czech Republic, i.e. the countries making up the so-called Visegrad Group, within which the prosecutors general meet each year to deepen cooperation. The purpose of this article is to present the principles of the functioning of the prosecutor’s office in the V4 countries and to compare them also from a historical perspective.
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Chechersky, V. "Effectiveness of the implementation of the specialization of prosecutors on the example of specialized environmental prosecutor's offices." Uzhhorod National University Herald. Series: Law 3, no. 75 (April 11, 2023): 123–28. http://dx.doi.org/10.24144/2307-3322.2022.75.3.20.
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According to the Resolution approved last year at the 48th session of the UN Human Rights Council, safe, clean, healthy and sustainable natural environment is recognized as a separate human right.
The need to protect the environment is one of the tasks not only of the authorized bodies of state supervision (control), but also of law enforcement agencies, in particular the prosecutor's office. At the same time, the peculiarities of Ukraine as an industrial state with significant reserves of minerals, the constant development of legislation on the legal regulation of legal relations in this area require a special approach from law enforcement officers, which allows for appropriate specialization.
The article examines the issue of the expediency of introducing thematic specialization in the system of prosecutor's offices. It was determined that specialization can be carried out according to functional, generic, branch or thematic characteristics, each of which must solve its own special tasks.
The introduction of thematic (subject) specialization can be caused by the determination of an additional priority in the activities of the prosecutor's office, a significant difference in the legal regulation of a certain range of legal relations, the latest challenges and needs of society, etc.
The reasons for reviving the activities of units in the system of prosecutor's offices responsible for environmental protection are indicated, including those related to society's expectations.
The role and place of specialized environmental prosecutor's offices in the prosecutor's office, the scope of their powers are indicated.
Based on specific examples, as well as the analysis of reports on the work of the prosecutor in the field of environmental protection in recent years, conclusions have been drawn about the effectiveness of the introduction of thematic specialization in the prosecutor's office.
In addition, it is substantiated that the introduction of thematic specialization in a specific area allows comprehensively solving the tasks assigned to the prosecutor's office in this area.
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Bezverkhov, A. G., and A. V. Yudin. "Prosecutor’s supervision in the field of transport security." Juridical Journal of Samara University 7, no. 2 (October 19, 2021): 7–13. http://dx.doi.org/10.18287/2542-047x-2021-7-2-7-13.
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The article analyzes the issues of prosecutors supervision in the field of transport security from the standpoint of an integrated approach. The material was prepared in the wake of the All-Russian research and practical conference held on May 14, 2021, dedicated to the 300th anniversary of the Russian prosecutors office. Transport security as a subject of prosecutors supervision covers a variety of areas of relations related to administrative, criminal, civil and procedural branches of law. Railway, water and air communication is subject not only to special socio-economic laws, but also requires special legal regimes dictated by the significant remoteness and dynamics of the subjects under supervision, the increased risk of harm to legally protected relations, the need for constant and uninterrupted functioning of transport facilities, the importance of the transport segment for the entire economic life of the country. All this determines the need for very prompt and at the same time balanced supervisory decisions, which is possible due to the close cooperation of science and practice.
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Costisanu, Vitalie. "Some aspects regarding the competence of the criminal prosecution authority of the state tax service." National Law Journal, no. 2(248) (January 2023): 164–78. http://dx.doi.org/10.52388/1811-0770.2022.2(248).16.
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Ensuring the rule of law and strengthening the legal order involves a wide range of social-economic, political, organizational, educational measures, as well as coercive measures in relation to people who do not want to comply with the legal order. Fight against the criminal phenomenon has always been and continues to be the central issue in the systems which deal with activities of this kind. In order to ensure the complete, objective and multilateral investigation of economic crimes from January 1, 2021, the State Tax Service was granted the competence to conduct criminal prosecution and special investigative activity for certain categories of offenses provided by the Criminal Code. The State Tax Service ensures the prosecution through specialized subdivisions in which the competent criminal investigation officers in the financial-fiscal field with special training in the legal-criminal field perform their activity in accordance with the provisions of the Law on the status of the prosecution officer and the Criminal Procedure Code under the leadership of prosecutors in the Prosecutor’s Office for Combating Organized Crime and Special Causes.
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Drozdov, Oleksandr M., Oksana V. Lazukova, and Serhiy O. Shulgin. "SEARCH AND REMOVAL OF PROHIBITED ITEMS FROM THE HUMAN BODY: MEDICAL– PROCEDURAL ASPECT." Wiadomości Lekarskie 74, no. 11 (2021): 3048–52. http://dx.doi.org/10.36740/wlek202111232.
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The aim: Based on the research, to develop a scientific concept of medical and procedural aspects of restricting a person’s right to physiological integrity related to the removal of prohibited items from his/her body and formulate recommendations for their implementation in law enforcement practice. Materials and methods: The empirical basis of the study were five decisions of the European Court of Human Rights, the results of a survey of prosecutors, investigators, and lawyers, processing of materials of criminal proceedings. The practical evidence of the authors, their advocacy, and service in the prosecutor’s office was also taken into account. To demonstrate the method of prohibited substances’ concealment in a human body, a photographic image was used based on the results of the examination of a person using a scanner conducted by customs officials. The methodological basis of the research is a complex combination of general-scientific and special methods, in particular, system-structural, comparative-legal; sociological; statistical; as well as the method of generalization. Conclusions: The removal of evidence from a person’s body is a strip search. The basis for this investigative action should be a court decision, and in urgent cases, the prosecutor. This investigative action must be carried out with the obligatory participation of a physician. To this end, it is necessary to develop an appropriate medical protocol.
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Roberts, Paul, Debbie Cooper, and Sheelagh Judge. "Monitoring Success, Accounting for Failure: The Outcome of Prosecutors' Applications for Special Measures Directions under the Youth Justice and Criminal Evidence Act 1999." International Journal of Evidence & Proof 9, no. 4 (December 2005): 269–90. http://dx.doi.org/10.1350/ijep.2005.9.4.269.
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This article presents and discusses new empirical data derived from CPS Monitoring of the implementation of special measures for vulnerable and intimidated witnesses (VIWs) pursuant to Part II of the Youth Justice and Criminal Evidence Act 1999. VIW Monitoring was a major undertaking, covering all CPS prosecutions in England and Wales for an entire calendar year. Its results are fully reported elsewhere. Here, we concentrate on one segment of VIW Monitoring data, reporting the outcomes of prosecutors' applications for special measures. Most such applications succeed, but a small minority is rejected, and the characteristics and reasons for these judicial refusals were recorded as part of the Monitoring process. By examining and reflecting upon the circumstances of abortive applications, no less than in contemplating the broader pattern of success which emerges from VIW Monitoring, we may hope to gain a better appreciation of the existing arrangements for securing special measures for vulnerable and intimidated witnesses, and to assess the scope, if any, for further refinements of policy or practice.
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Gusarov, S. M., and Ya M. Lisoyvan. "Organizational and legal principles of the State Bureau of Investigation activity in the system of law enforcement agencies of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 142–50. http://dx.doi.org/10.32631/v.2022.2.12.
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The place and role of the State Bureau of Investigation in the modern classification system of law enforcement agencies of Ukraine is analyzed. The essence of the definition of “law enforcement agencies” is established, and the peculiarities of their activities are analyzed. It has been noted that modern law enforcement bodies must be considered as state bodies that function in the general system of public authorities and perform, in accordance with current legislation, relevant functions in various fields of internal and external activity of the state, the purpose of which is to observe and implement the rights and freedoms of citizens, legality and law and order with compliance with the rules and procedures regulated by law within the limits of their competence.
It has been emphasized that in order to determine whether a state body belongs to the category of law enforcement, it must have certain specific characteristics. The following signs are the state and authority nature of the activity; the right to apply measures of state coercion; execution of special powers to implement the law enforcement function of the state on a professional basis; special material, technical and personnel support of activities; statutory nature of activity; enforceable nature of law enforcement agency decisions, and more.
It has been established that, despite the short period of activity, the State Bureau of Investigations belongs to the law enforcement agencies of Ukraine by all the above-mentioned features. The powers and functions of the State Bureau of Investigation are analyzed. It has been emphasized that the main ones are solving the tasks of prevention, detection, termination, disclosure and investigation of crimes committed by officials who occupy a particularly responsible position; crimes committed by NABU officials, the Deputy Prosecutor General - head of the Specialized Anti-Corruption Prosecutor's Office or other prosecutors of the Specialized Anti-Corruption Prosecutor's Office; crimes against the established order of military service.
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Lapkin, Andrii. "The Role of the Prosecutor's Office in Crime Counteraction Under the Legislation of Ukraine." Russian Journal of Criminology 14, no. 2 (April 30, 2020): 327–37. http://dx.doi.org/10.17150/2500-4255.2020.14(2).327-337.
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The effectiveness of crime counteraction in modern conditions greatly depends on the functioning of the corresponding institutional mechanism, where the prosecutors office has an important part. Using the analysis of international documents and the experience of a number of countries, the author shows that the common international standard for the function of the prosecutors office in the criminal law sphere is to give it a priority role in suppressing crime, and to define this role in a more or less broad way at the national level. The author researches the Ukrainian model of the functions performed by the prosecutors office where this body is mainly involved in criminal proceedings, which makes it possible to identify crime counteraction as the key task of the prosecutors office. The author also examines the progress and the result of the prosecutors office reforms in Ukraine in view of the changes in the functions of this body in the sphere of crime counteraction. The functions of the prosecutors office are analyzed from the standpoint of their importance for suppressing crime based on the research of legislation, analytical and statistical data. The author shows that the key tasks (directions) of crime counteraction (identifying and eliminating the causes and conditions for committing crimes; identifying, suppressing and investigating crimes; prosecution of perpetrators; compensation of damage inflicted by crimes) fully correlate with the functions of the Ukrainian prosecutors office. The function of procedural supervision of the pre-trial investigation allows the prosecutors office to influence the identification, suppression and investigation of crimes; the function of the support of public prosecution in court makes it possible to criminally prosecute persons guilty of crimes; the function of representation allows the prosecutors office to compensate the state for the damage inflicted by crimes. Special attention is paid to the prosecutors coordination of the work of law enforcement bodies on counteracting corruption. Although it has lost its status as a separate function of the prosecutors office under Ukrainian legislation, it still has key importance for the work of different law enforcement bodies aimed at suppressing crimes in their different forms. The author conducts a comparative legal study of the regulation of coordination activities of the prosecutors office in Ukraine and in other countries, as well as the prospects of establishing the European Prosecutors Office; based on this study, the author concludes that the definition of the prosecutors office as the coordination center of the system of criminal justice aimed at counteracting corruption is a widely recognized global trend. The author also presents suggestions on improving the effectiveness of the coordination activities of the prosecutors office and of its other functions aimed at counteracting crimes.
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Shal, V. R. "The current state and priority trends in the development of legislation in the field of providing social benefits and other payments to prosecutors and their family members." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 181–85. http://dx.doi.org/10.24144/2788-6018.2022.04.32.
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The article examines general and special issues of providing social benefits and other social payments to prosecutors and their family members. The work of scientists regarding the coverage of the concept and signs of social assistance has been disclosed and analyzed, and its essential legal features have been clarified. On the basis of this, the author's definition of the category "social assistance to prosecutors and members of their families" was formed and its essential features were identified, to which the author attributed the following: 1) guarantee; 2) social benefits are material in nature; 3) addressability; 4) in order to ensure effective targeting, it is more important to provide social benefits in the established case of their actual occurrence; 5) alimony and gratuity.In the future, the existing trends in the reform of the social security legislation as a whole are determined, which directly determine the specifics of the legal regulation of the provision of social benefits and other payments to prosecutors and their family members. It was noted that the key idea of the specified changes in the system of social assistance to prosecutors is to strengthen the unity of social security, to provide its various types on uniform grounds and rules, and to abolish excessive differentiation in the law of social security. A comparative legal analysis of the previously effective and current legislation, which regulated the investigated issue, was carried out. The specifics of providing social benefits and other payments to prosecutors and their family members have been determined. It is noted that the above payments can be divided into universal and special. It is emphasized that social benefits and other additional types of social payments to prosecutors and their family members are a means of social protection, which is designed to prevent the impoverishment of the specified category of persons, adequately and effectively respond to additional (those not provided for by the system of mandatory state social insurance) social risks, including, first of all, caused by the specifics of professional activity, performance of official duties. The priority trends of the further development of social security legislation in this area are outlined.
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Sukoco, Ahmad, and Darwati Darwati. "Legitimacy Of The Prosecutor's Authority In Investigation On Criminal Acts Of Corruption." Interdiciplinary Journal and Hummanity (INJURITY) 2, no. 2 (January 15, 2023): 85–91. http://dx.doi.org/10.58631/injurity.v2i2.33.
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ABSTRACT
Corruption is a crime that is growing in various forms. So corruption needs to be eradicated as early as possible to its roots. Institutions that have the authority can carry out their responsibilities based on a legal system approach in order to take efforts and actions to eradicate criminal acts of corruption, including the Prosecutor's Office in the form of investigations. An investigation is a series of actions by an investigator in terms of and according to the method regulated in this law to seek and collect evidence which with that evidence makes clear about the criminal act that occurred and in order to find the suspect. The Legal Basis for Prosecutors in Carrying Out Investigation Authorities Against Criminal Acts of Corruption in essence, namely: Law Number 16 of 2004 concerning the Prosecutor's Office, Law Number 31 of 1999 concerning Eradication of Corruption Crimes based on Law Number 20 of 2001 concerning Amendments to Laws -Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, and the Criminal Procedure Code. Normatively, the relationship with the prosecutor's authority is regulated by Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia. Based on Article 1 point 1 of Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, it is stated that the Prosecutor is a functional official who is authorized to act as a public prosecutor and implementer of court decisions who have obtained legal force and other powers based on the law. In terms of exercising authority over criminal acts of corruption, based on Article 30 of Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, the duties and authorities of the Prosecutor's Office are, among others:
Paragraph 1 letter d, Conducting investigations into certain criminal acts based on the law and letter e. The application of the investigative authority carried out by the prosecutor against the perpetrators of criminal acts of corruption in the jurisdiction of the Indramayu District Attorney's Office, West Java Province. the existence of allegations of criminal acts of corruption in essence the procedures carried out in accordance with the provisions determined by the Criminal Procedure Code which are based on Article 183 and Article 184 regarding the acquisition of evidence in order to prove the existence of a criminal act. The implementation of the process is adjusted to the performance of the procedures, functions and duties of the Indramayu District Attorney's Office, including; the investigation stage is carried out by the Intelligence Unit and follow-up to the performance of the investigation, namely the investigation is carried out by the Special Crimes Unit, which then carries out efforts and actions including; summoning or requesting witness statements, collecting written evidence, requesting information from suspects and asking for expert advice.
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Gaol, Yulinda Regina C. Lumban, Alvi Syahrir, Edy Ikhsan, and Wessy Trisna. "Kewenangan KPK Untuk Menyidik Anggota TNI Bersama-Sama Dengan Sipil Secara Koneksitas." Jurnal Ilmu Hukum, Humaniora dan Politik 4, no. 4 (June 5, 2024): 779–89. http://dx.doi.org/10.38035/jihhp.v4i4.2073.
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Based on article 42 of Law Number 30 of 2002, KPK is given authority to coordinate and control investigation and prosecution of criminal cases of corruption carried out jointly by persons subject to the General and Military Court. However, KPK encounters problems in investigating TNI members together with civilians, as happened in the Basarnas case. This normative legal research uses statute approach and conceptual approach, in order to provide a view for harmonization of regulations related to the KPK's connectivity authority. The results show that it is necessary to change the definition of "military criminal offenses" in Military Court Bill, statutory regulations related to organizational structure of KPK and origin of institutions where KPK Investigators/Prosecutors come from, which can only be filled by National Police, Prosecutors, and Special Civil Servant. It is necessary for KPK to have a special Deputy for handling connectivity cases and Investigators who come from military.
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Shelikhovska, Iryna, and Mykhailo Hribov. "Prosecutorʼs supervision of detection and investigation of drug crimes: International standards and best practices." Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav 28, no. 4 (December 12, 2023): 30–46. http://dx.doi.org/10.56215/naia-herald/4.2023.30.
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The rapid spread of drug addiction makes it necessary to step up counteraction to drug crimes (while the police strictly observe human rights), which is possible only if the prosecutorʼs supervision is effective, which determines the relevance of the study of its problems. The purpose of the study is to characterise the state of legal regulation and practical implementation of prosecutorʼs supervision over operational and investigative counteraction and pre-trial investigation of criminal offences in the field of drug trafficking in terms of compliance with international law, and also to formulate recommendations for borrowing positive practices of other countries in terms of such supervision. Using systematic and structural, comparative legal, and logical legal methods, a number of acts of international law and legislation of Ukraine and other states are comprehensively investigated. It is proved that the content of international standards of prosecutorʼs supervision over the detection and investigation of drug crimes is made up of separate provisions available in various sources of international law, recommendations are developed on the activities of national prosecutorʼs offices in the field of countering crime in general and the activities of state bodies on criminal law, special criminological, operational and investigative, and criminal procedural counteraction to drug-related crimes. The use of these methods and materials helped to determine that Ukraine complies with the standards under study (even at a higher level than some member states of the European Union), in particular, regarding the independence of the prosecutorʼs office from the executive and judicial authorities, the concentration of basic functions in the field of criminal justice, ensuring effective supervision of pre-trial investigations in the form of procedural guidance. However, in Ukraine, it is advisable to continue working on: introducing the specialisation of prosecutors in supervision of the detection and pre-trial investigation of drug crimes and the development of methods for countering drug crimes by law enforcement agencies; expanding the discretionary powers of the prosecutor and ensuring real independence and independence of their use; ensuring supervision of the policeʼs compliance with the rule of law during the initiative detection of drug crimes. The results of the study can be used to improve the legislation of Ukraine and the practice of its application
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Timoshenko, I. V. "Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition." Lex Russica, no. 4 (April 24, 2021): 33–43. http://dx.doi.org/10.17803/1729-5920.2021.173.4.033-043.
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The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.
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Конюшенко, Я. Ю. "Determining the Grounds for Conducting Examination through the Prism of Investigative Practice." Law and Safety 79, no. 4 (December 14, 2020): 61–65. http://dx.doi.org/10.32631/pb.2020.4.09.
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The problems of determining the grounds for such an investigative (search) action as an examination have been clarified. The purpose of the article is to determine the grounds for conducting an examination, as well as to distinguish problematic aspects that arise in the investigative practice at the initial stage of conducting an examination.
It has been determined that there must be factual and legal grounds for conducting an examination. The factual grounds, in contrast to the legal ones, are not defined in the Criminal Procedural Code of Ukraine. However, their legislative specification is inexpedient, since it is impossible to predict all cases for this investigative (search) action in advance. The factual grounds are the data recorded in the materials of criminal proceedings, for example, that the body of a suspect, witness or victim has traces of a criminal offense or special signs, the detection of which is important for criminal proceedings. The legal ground for conducting the examination is the decision of the prosecutor (Part 2 of the Art. 241 of the Criminal Procedural Code of Ukraine).
The study of investigative practice has revealed investigators, prosecutors’ violations of the procedure of conducting the examination, in particular failure to present the prosecutor’s decision and “substitution” of the examination with the crime scene search during the recording the person’s handwipes, which are the grounds for the court to declare the evidence inadmissible. The analysis of the investigative practice showed the need for legislative amendments in regard to conducting the examination. We should stipulate the possibility to conduct the examination by the order of an investigator, followed by notification of a prosecutor. The indicated propositions should be implemented in Part 2 of the Art. 241 of the Criminal Procedural Code of Ukraine.