ARTICLE
TITLE

Transformation of the constitutional-legal status of the prosecutor's office in Ukraine and foreign experience

SUMMARY

The article is devoted to the analysis of the transformation of the constitutional and legal status of the prosecutor's office in independent Ukraine, from its Soviet model with broad control and supervisory powers to the prosecutor's office of a democratic, rule of law state, its place in the modern system of public authorities.In the article, the analysis of modern reform processes in the system of the national prosecutor's office is combined with the coverage of models in the latest world constitutional and legal practice to different branches of power, and from that place the role and importance of the prosecutor's office in the system of state power. In scientific constitutionalism, there are several options for attributing a prosecutor's office to a particular branch of state power, or even defining it as a separate body of state power. The option of attribution of the prosecutor's office to the executive power system has been successfully implemented in the states making practice of the USA, Denmark, France, the Netherlands, Germany, Austria, Poland, and Sweden.The model of including the prosecutor's office in the legislative branch has the right to life, but it has not become widespread. Contrary to this model, the prosecution's attribution to the judiciary became a reality in Spain, Bulgaria, Croatia and other countries. In the Constitution of these states, the provisions on prosecutorial authorities and the regulation of their activities are contained in the sections of the judiciary. In addition to these basic options for determining the constitutional status of the prosecutor's office, there are others that are less common.The problem of determining the position of the prosecutor's office in the system of distribution of state power in Ukraine was one of the constant topics of discussion, on which various concepts and long-standing scientific and theoretical disputes were raised. The Revolution of Dignity in 2014 stimulated the development of the current stage of the constitutional process and the introduction of amendments to the Constitution in the area of justice, which paved the way to reform of the prosecutor's office in Ukraine. Article 131 of the Constitution of Ukraine, which regulates the constitutional and legal status of the prosecutor's office, enshrined a new normalization of the bodies of the prosecutor's office, their place in the system of public authorities. Constitutional changes resulted in the exclusion of Section 7 of the Constitution of Ukraine "Prosecutor's Office" from the Basic Law, and Article 131 took its new place in Section 8 of the Constitution of Ukraine "Justice". Further development and clarification of the constitutional and legal status of prosecutorial authorities is acquired in the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecutor's Office" of September 19, 2019. The Law introduces a new structure of the prosecutor's office, clarifies the law of the Prosecutor of Ukraine, the maximum number of employees of the prosecution bodies is determined, the requirements regarding the attestation of employees of the prosecution bodies are specified

 Articles related

Ingrid Giachini Althaus    

O presente artigo abordará a contribuição dos Juizados Especiais, na consagração do direito de acesso à Justiça, previsto na Constituição Federal de 1988. O acesso à Justiça é o mais básico dos direitos humanos, propiciando a todo e qualquer cidadão reiv... see more


Monica Siskaniati    

Financing Agreements with Fiduciary Transfer of Ownership on Vehicles generally use a Standard Agreement or commonly known as a Standard Contract.  Fiduciary collateral must be registered at the Fiduciary Transfer of Ownership Registration Office to... see more


Hairus Hairus,Dwi Ari Kurniawati    

 Penelitian ini  bertujuan untuk mengungkap tentang fenomena makin sering terjadi praktik dan perilaku kekerasan atau radikalitas seperti penyerangan atau main hakim sendiri di tengah masyarakat. Seseorang atau sekelompok orang yang belum tentu... see more


Ali Sadikin,Marcel Hendrapaty,Judhariksawan Judhariksawan    

 Penelitian ini mengkaji tentang analisis hukum internasional terkait deforestasi dan hak-hak masyarakat adat hutan amazon di brazil. menganalisis perlindungan hak-hak masyarakat adat dalam menghadapi kebijakan presiden Bolsonaro dalam Hukum interna... see more


Oleksandr Bilous    

The article is devoted to the actual scientific problem - the protection of human rights and freedoms by the judicial authorities, their priority in this process. It provides an analysis of international legal acts, devoted to this problem. It is stresse... see more