Review

The paper examines the history, the organization and the legal status of the institute of the Special Prosecutor. Special attention is paid to the modern legal regulation of the subject’s activity. The institute of the Special Prosecutor in the United States is well known, important, and, what is notable, it is working. It has been developing for a long historical period, since the 19th century, the Watergate events, to our time. The paper states that the Special Prosecutor was often the subject of discussion in professional and legal environment. The importance of its fulfilled tasks, the influence on the political process, the independence of the institute, the special procedure of the appointment, public funding, professionalism – have always been the subject of controversy for many years. As the result, the regulation of the institute was changed. The author analyses powers and the process of appointment of this official. In his view, current and past regulation has specific advantages and disadvantages.

The author writes that the main idea of taking control under the investigation and prosecution by this subject is due to its independence, impartiality and public confidence. The Special Prosecutor is not a permanent actor; he is involved in the investigation and carrying out duties of the prosecutor in those cases where there is a conflict of interest and mistrust of society to traditional methods of work of the authorities. To perform these tasks professional lawyer is involved who does not belong to government agencies, has a good reputation and trust of the society.

The author determines that the main factor, which justifies the existence of this particular institution, is its independence that changed in different historical stages.

Keywords: special prosecutor; independent counsel; conflict of interest; executive; judiciary.