ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Development of the independence principle of prosecutors in the national legislation in the context of the independence of the General Prosecutor of Ukraine

Development of the independence principle of prosecutors in the national legislation in the context of the independence of the General Prosecutor of Ukraine

Pages: 186-192
Year: 2016
Location: Pravova Ednist Ltd

Review

This article analyzes the principle of independence of prosecutors in the national legislation in the context of the independence of the General Prosecutor of Ukraine. It is noted that the prosecutor's office is an important part of law enforcement entrusted with essential functions of protecting law and order in the state. Effective implementation of above mentioned is strongly correlated with the independence of prosecutors. The last is impossible without securing adequate guarantees for the General Prosecutor of Ukraine. In this context, the logical link the independence of prosecution in the relationship the independence of the head office as a whole is investigated.

The article analyzes the processes that took place during the transformation of Ukraine into an independent state and the departure from Soviet views on the independence of prosecutors. Legal provisions that were implemented to get rid of the dominant political force (at the time of the Communist Party) influence on the prosecutors are considered. The basic legislative acts adopted for 1990 - 2016 are analysed. Their provisions affected the independence of the head of the General Prosecutor of Ukraine. The key events that appeared the basis for such legislative changes are described. The main stages of the political struggle of the executive and legislative branches for influence over the appointment and dismissal (resignation) the head of prosecution are identified and described.

The main ways of improving the law on the independence of the General Prosecutor of Ukraine, which are discussed in the scientific community, are represented. Authors' proposals to change current national laws on the matter are declared.

Keywords: Prosecutor's Office, the General Prosecutor, the principle of independence. 

Development of the independence principle of prosecutors in the national legislation in the context of the independence of the General Prosecutor of Ukraine