Journal articles on the topic 'Prosecutorio'
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1
Voronin, Oleg V. "ON THE MODERN UNDERSTANDING OF THE CONCEPTS OF «LEGAL REMEDIES OF PROSECUTORIAL SUPERVISION» AND «FORMS OF IMPLEMENTATION OF LEGAL REMEDIES OF PROSECUTORIAL SUPERVISION»." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 5–14. http://dx.doi.org/10.17223/22253513/39/1.
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The concepts of "legal remedies of prosecutorial supervision" and "forms of implementa-tion of legal remedies of prosecutorial supervision" have independent content despite the slight crossing. The legal remedies of prosecutorial supervision include the powers of the prosecutor, acts of prosecutorial supervision, as well as the procedure for their implementa-tion, which represents the method for their application. The powers of the prosecutor are understood to be the totality of rights and responsibili-ties of the prosecutor, granted to him by the Law on Prosecutor's Office and other federal laws to perform the functions assigned to the prosecutor's office and to achieve its objectives and tasks. Traditionally, all the powers of the prosecutor are divided into two main groups: general, which are implemented in all directions and special, applied in separate areas of prosecutorial activities. The Acts of the prosecutor's response are documented law enforcement decisions of the prosecutor, containing a legal assessment of the state of the law in each case, as well as the prosecutor’s requests, arising from his authority to ensure the lawful state of the supervised environment. Acts of the prosecutor's response separate acts of prosecutorial supervision, which serve as a form of implementation of exclusively the supervisory function of the prose-cutor's office including protest, presentation and warning. The forms of implementation of legal means are the ways and methods of implementation of legal remedies (powers and acts), as well as the nature of their application. Unlike the legal remedies of prosecutorial supervision, they are characterized by a lower degree of statutory regulation and a more simplified content of the basic elements. There are two forms of implementation of legal remedies – a common and a proactive one. The general form represents such an order where the existence of information about the violation of the law (cause) and objectively existing signs of violation of the law (grounds) is necessary for exercising the powers of the prosecutor and/or to render acts. The proactive form means to exercise the prosecutor's powers and to render acts of the prosecutor's response, regardless of the presence of signals or reports of wrongdoings.
2
Nazritskaya, Т. S. "Legal and Practical Conditionality of the Prosecutor’s Participation in the Consideration of Administrative Off enses Cases in Commercial Courts." Actual Problems of Russian Law 16, no. 2 (February 26, 2021): 183–91. http://dx.doi.org/10.17803/1994-1471.2021.123.2.183-191.
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The paper examines the prosecutor’s role in the administrative jurisdictional proceedings in a commercial court. The author provides numerous examples from prosecutorial and judicial practice, reflecting the activities of prosecutors to strengthen the rule of law through participation in commercial litigation. The paper also indicates the requirements imposed by legislation, organizational and administrative documents of the General Prosecutor’s Office of the Russian Federation and the prosecutor’s offices of the constituent entities for the work of prosecutors in this direction. Based on statistical data on the number of cases initiated by prosecutors and the corresponding cases considered by the courts, the role of the prosecutor in the consideration of cases of the analyzed category by the courts is determined. According to the results of the study, the author points out the shortcomings of certain provisions of the law, determines the need to improve the theoretical foundations of the participation of the prosecutor in the consideration of cases of administrative offenses in commercial courts, emphasizes that changing the procedure for legal regulation of the participation of the prosecutor in commercial litigation is necessary in connections with changing social relations, and the preservation of the existing order gives rise to stagnation in the development of procedural legislation.
3
LEGOSTAEV, SERGEI V. "On certain features of the prosecutor’s supervision activities in correctional institutions." Vedomosti (Knowledge) of the Penal System 228, no. 5 (2021): 65–70. http://dx.doi.org/10.51522/2307-0382-2021-228-5-65-70.
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Abstract. The article considers the issues of certain prosecutor’s powers in exercising supervision over the execution of sentences in the form of imprisonment, the significance of their implementation in the context of reforming the penal system of the Russian Federation. The article is devoted to the official statistics, domestic legislation and scientific literature on the topic of the work. The purpose of the study is to reveal the state of legality in this area, to substantiate the influence of the supervisory activities of prosecutors on the implementation of tasks facing the correctional institutions. The methodological basis of the research was formed by the statistical method, the systemstructural and formal-logical analysis. As a result of the work carried out, the powers of the prosecutor, their features and methods of exercising were studied. The influence of external and internal factors on the content of this activity of prosecutors is analyzed, importance attention is paid to the need to take into account judicial practice when forming the work areas. The of interdepartmental interaction for improving the quality of supervision and the effectiveness of the institutions’ activities, as well as the positive impact of joint decisions on ensuring the rights of convicts is substantiated. Conclusions are made on the relevance of issues of ensuring the personal safety of this category of persons, the application of penalties and incentives to them, on the differentiation of prosecutorial response measures. Key words: prosecutorial supervision, the penal system, correctional institutions, the powers of the prosecutor, acts of the prosecutor's response.
4
V.V., Karelin. "ON THE FEATURES OF PROSECUTOR’S SUPERVISION OVER THE AUTHORIZED BODIES ACTIVITIES ON PROBATION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 2 (December 22, 2020): 31–39. http://dx.doi.org/10.32755/sjcriminal.2020.02.031.
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The article considers the main aspects of the features of prosecutor`s supervision over the authorized bodies activities on probation. The main positions of scientists regarding prosecutor`s supervision over the authorized bodies activities on probation are highlighted. The specifics of this institute are determined. Based on the analysis, it is proved that prosecutorial supervision is an effective means of ensuring compliance with the law in the execution of criminal penalties and probation in Ukraine. It is proved that According to Art. 2 and 26 of the Law of Ukraine “On the Prosecutor’s Office” in Ukraine provides supervision over compliance with the law during the execution of court decisions in criminal cases. Order of the Prosecutor General’s Office of Ukraine dated 03.08.2020 №353 “On the organization of prosecutors to monitor compliance with the law in the execution of court decisions in criminal cases, as well as in the application of other coercive measures related to the restriction of personal liberty”, to the main tasks of activity in this direction are supervision over observance of the legislation at execution of punishments not connected with imprisonment, and probation. It is determined that certain aspects of the activity of probation bodies are supervised. In the usual sense, surveillance is surveillance for protection, control, and so on. Prosecutorial supervision in our country is provided in accordance with the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office” and other regulations of the General Prosecutor’s Office of Ukraine. It is established that at present, despite some previous reforms to exclude general supervision from the competence of the prosecutor’s office, the supervisory powers of prosecutors still remain significant, although they are limited mainly to the field of criminal proceedings. The importance of the supervisory functions of the prosecutor’s office at the European level is also being restored. In particular, this trend is explained by the need for larger surveillance and interception measures by the prosecutor’s office in the international arena, as there is a threat of the rapid spread of terrorism and organized crime. On this basis, it should be noted that it is appropriate to conduct further research on the activities of prosecutorial supervision of the specially authorized body for probation. Key words: prosecutorial supervision, prosecutor’s office, authorized bodies on probation, convict, criminal and executive system.
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Šramel, Bystrík. "Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element?" Social Sciences 11, no. 8 (August 14, 2022): 364. http://dx.doi.org/10.3390/socsci11080364.
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This paper deals with the issue of the independence of the Prosecutor’s Office of the Slovak Republic as an attribute that allows the Prosecutor’s Office to actually carry out its mission, regardless of the individual interests of the parties concerned and regardless of the government’s political goals and basic beliefs. In the first chapter, the paper deals with the current constitutional regulation of the Prosecutor’s Office of the Slovak Republic in the context of the legal regulation of its independence. The author points out the problems that arise from the absence of granting the attribute of independence to the Slovak Prosecutor’s Office and emphasizes the need for its legislative anchoring. Subsequently, the paper deals with the issue of external independence, which allows the public prosecution office to carry out its tasks without being influenced by various entities from the external (political) environment. In the last chapter, the paper presents the possibilities for strengthening the current degree of external independence of the Slovak Prosecutor’s Office. The author considers it crucial to reconsider and redefine the current system of appointing the Prosecutor General and to remove political ties in the creation of this function. The author of the paper considers two variants of the system of selecting a suitable candidate for the Prosecutor General. First, it is possible to strengthen the existing system of self-government of prosecutors and to increase the scope of the powers of authorities of prosecutorial self-government, the current task of which is to ensure the protection of the rights and legitimate interests of prosecutors. The second possibility for strengthening the external independence of the Prosecutor’s Office of the Slovak Republic could be the creation of another type of Council of Prosecutors, the composition of which would be balanced and would not represent a closed system accessible only to prosecutors.
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Merkanov, Adilet. "HISTORY AND REFORMS OF THE PROSECUTOR'S OFFICE OF THE KYRGYZ REPUBLIC." Alatoo Academic Studies 19, no. 3 (October 30, 2019): 193–97. http://dx.doi.org/10.17015/aas.2019.193.19.
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Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so thatthe human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.
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Merkanov, Adilet. "HISTORICAL AND LEGAL ASPECTS OF THE DEVELOPMENT OF PROSECUTION BODIES." Alatoo Academic Studies 19, no. 3 (October 30, 2019): 198–203. http://dx.doi.org/10.17015/aas.2019.193.20.
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Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so that the human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.
8
Shabarov, D. V., V. A. Gubin, and A. V. Moldovanov. "Psychological and Pedagogical Support for the Prosecutors Professional Training." Actual Problems of Russian Law 1, no. 12 (January 20, 2020): 180–92. http://dx.doi.org/10.17803/1994-1471.2019.109.12.180-192.
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The relevance of the study lies in the lack of a prosecutors training program in psychological and pedagogical support. The goal is to develop a toolkit for researching the understanding of prosecutorial activities among persons with a higher legal education and a comprehensive program for training newly admitted prosecutorial officers of the prosecutor’s office of the Russian Federation for various types of supervisory activities. The methods and techniques used in the development of the diagnostic materials “Understanding the prosecutor’s activities” and the Comprehensive program for the training of newly adopted prosecutorial staff of the prosecutor’s office of the Russian Federation for various types of supervisory activities: method of expert assessments, comparative analysis, method of two portraits. 50 graduates of the departmental university of the prosecutor’s office of the Russian Federation and non-departmental law schools, as well as 10 prosecutors — highly qualified and experienced professionals, who acted as experts, took part in the study of ideas about prosecutorial activity. The paper presents the results of the study of ideas about prosecutorial activity among various categories of prosecutors. The authors used their own diagnostic materials “Understanding the prosecutor’s activities”, consisting of five methods developed and tested based on the St. Petersburg prosecutor’s office. The methods make it possible to determine the understanding of and focus on prosecutorial activities for persons with higher legal education, as well as to create an individual professional educational route for improving existing knowledge, skills and abilities within the framework of the Comprehensive Program for the Training of Newly Accepted Prosecutors of the Prosecutor’s Office of the Russian Federation for various types of supervisory activities. The presented diagnostic materials and program have found their application and are being successfully implemented in practice in the prosecutor’s offices of several constituent entities of the Russian Federation. The methods included in the diagnostic complex can be useful for district, specialized prosecutors, mentors of young specialists of the bodies and institutions of the prosecutor’s office of the Russian Federation, when deciding on the formation of an individual plan of training and education of newly adopted prosecutors. Personnel divisions of bodies and institutions of the prosecutor’s office of the Russian Federation can apply the presented comprehensive training program in order to improve knowledge and professional development of both newly admitted prosecutors and those who have changed the direction of their supervisory activities. A practice-oriented approach involves mastering the comprehensive program both independently and in organized forms of training (lectures, seminars, etc.) based on city, district and specialized prosecutors, prosecutors of the constituent entities of the Russian Federation.
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Podkopaev, Sergii. "General approaches to defining the concept of «organization of Prosecutor's office»." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 114–17. http://dx.doi.org/10.36695/2219-5521.1.2020.21.
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Constitutional and legal status of Prosecutor’s Office is the evidence of importance of this institution in society and the State. The Chapter VIII (Justice) of the Constitution has the provisions allowing to tell about the change of the role and the place of Prosecutor’s Office in the state power system. In the same time, the Article 92, paragraph 14, Article 1311 of the Constitution of Ukraine envisages that organization and activity of Prosecutor’s Office are determined exclusively by Law. It should be noted that the Preamble of the Law of Ukraine «On Prosecutor’s Office» states that it defines the legal fundamentals of organization and activity of Prosecutor’s Office of Ukraine.
This article highlights the general approaches to uncovering the scope of «organization of Prosecutor’s Office». Attention is drawn to the traditional views of the «organization» as an internal activity and management within the prosecution agencies, where an important role is given to Prosecutor General and heads of prosecution agencies of the appropriate level. In addition, the «organization of Prosecutor's Office» is viewed from the standpoint of the process of creating (forming) Prosecutor's Office as an institution or changing its institutional and functional model by reforming and transforming it into a new model. In this sense, it refers to incorporation of the Prosecutor's Office as an important element of the process of its institutionalization.
It was concluded that the «organization of Prosecutor's office» can be considered as a process of its incorporation and objectification at the level of Law. At the same time, the Law can actually be considered as a materialized carrier of the idea of a certain institutional and functional model of Prosecutor's Office.
In this regard, the role and responsibility of external (in relation to Prosecutor’s Office) entities for its organization and the results of its activities in the future is increased. This conclusion is due to the fact that the «quality» of the legislation is directly related to the efficiency and effectiveness of prosecutorial activity or its ability as a state institution to achieve the purpose and socially beneficial result of its activity, practically influencing public relations in a given direction.
10
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.
11
Винокуров, Александр, and Alyeksandr Vinokurov. "Prosecutorial Science: Current State and Prospects of Development." Journal of Russian Law 2, no. 9 (September 23, 2014): 125–30. http://dx.doi.org/10.12737/5508.
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In this article, based on a retrospective analysis of the trends that are emerging in the prosecution of domestic science, the author has attempted to assess its current status, identify problems that hinder its ongoing development. The authors vision of the approaches that can help to raise the profile of science in the academic world of the prosecutors activity as an independent branch of scientific knowledge. In the author’s opinion, the concept of the science of prosecutorial activity should be based on the following main units: a theory of organization of work of the Prosecutor’s office of the Russian Federation; theory of control in the Prosecutor’s office of the Russian Federation; theory of functions and other activities carried out by the Prosecutor’s bodies; theory of jurisdiction and powers of prosecutors; a history of formation and development of prosecutorial activity in Russia and the science of it; theory of organization and implementation of prosecutorial activities in foreign countries.
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Appludnopsanji, Appludnopsanji, and Pujiyono Pujiyono. "Restrukturisasi Budaya Hukum Kejaksaan Dalam Penuntutan Sebagai Independensi di Sistem Peradilan Pidana Indonesia." SASI 26, no. 4 (December 30, 2020): 571. http://dx.doi.org/10.47268/sasi.v26i4.359.
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The position of the prosecutor's office which is under two powers namely executive and judiciary causes the prosecutor's office to become an institution that is not independent and free, thus causing blemishes to commit fraud by prosecutors. This study aims to find out how the reality of the independence of prosecutors in prosecution and know how the cultural rearrangement for prosecutors in prosecution as a process of the criminal justice system. Research methods The research method uses normative research through a conceptual approach and a statue approach. The results showed that the ambiguous position of the prosecutor made the prosecutor hesitant in carrying out their duties, was not independent and was not free and there was a judicial mafia. With regard to this condition, re-structuring of the prosecutor's independence in prosecution is needed. This is intended so that the prosecutor's office becomes an independent institution by integrally restructuring the legal culture together with other criminal justice sub-systems through a religious approach, contextual approach and comparative approach
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Chumak, V. V. "Prosecutor as a Subject of Guaranteeing Human Rights in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 181–87. http://dx.doi.org/10.32631/v.2021.3.16.
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The author of the article has studied the essence of the prosecutor’s activity as a subject of guaranteeing human rights in Ukraine. The peculiarities of the reform of the prosecutor’s office have been emphasized and its relationship with the activity of the prosecutor as a subject of guaranteeing human rights has been determined. A legal framework that regulates the activities of the prosecutor as a subject of guaranteeing human rights has been established. It has been concluded that the state and level of human and civil rights and fundamental freedoms depend on the normative regulation of the prosecutor’s activity as a subject of guaranteeing human rights in Ukraine, which is the cornerstone of Ukraine’s establishment as a state governed by the rule of law with observance of the rule of law.
It is determined that the Prosecutor's Office has recently undergone numerous reforms and changes in its organizational, staffing, functional systems and practical activities to protect human and civil rights and freedoms. Such changes are due to a number of factors including: the need to improve the activities of prosecutors, bringing domestic legislation in line with the legislation of EU Member States, to review organizational and staffing systems that have proved to be ineffective, etc.
Given the above, it should be noted that the prosecutor as a subject of guaranteeing human rights in Ukraine plays one of the main roles and occupies a prominent place in the human rights system in Ukraine, since he / she acts as a system of checks and balances for pre-trial investigation agencies that restrict human rights during various procedural actions.
Thus, it can be stated that the prosecutor as a subject of guaranteeing human rights in Ukraine must take all necessary and possible measures to prevent any human rights violations, i.e. the creation of such conditions, when other public authorities will respect human rights, and in case of their violation – the prosecutor immediately responds to all such manifestations and takes measures to prevent violations of human rights and freedoms.
It has been established that the powers of the prosecutor in the field of human rights protection should be considered as a further priority area of scientific research in regard to the current reform of the prosecutor's office in Ukraine.
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Golikov, K. N. "Human Rights Activities as a Function of the Prosecutor’s Office." Rossijskoe pravosudie 3 (February 21, 2020): 88–93. http://dx.doi.org/10.37399/issn2072-909x.2020.3.88-93.
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The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.
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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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Pashin, Vadim M., and Vitaliy V. Pavlyukov. "The concept of the prosecutor's supervision for the execution of the laws in the sphere of operational-searching activity at the present stage of reforming supervisory activity of the prosecutor." Vestnik of Kostroma State University, no. 2 (2019): 238–41. http://dx.doi.org/10.34216/1998-0817-2019-25-2-238-241.
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This article analyses the existing terminology associated with prosecutorial supervision, and gives a new concept of prosecutorial supervision over the implementation of laws in operational investigative activities. Update of terminology becomes topical due to the reform of the supervisory activities of the Prosecutor's office of the Russian Federation. The specified direction has a number of certain features that is connected with a large number of the adopted legislative acts regulating supervision of execution of laws in operational investigative activities by authorised prosecutors. In this regard, the authors come to the conclusion that it is advisable to start with an update of the existing concept of prosecutorial supervision over the implementation of laws in operational investigative activities. In the formation of the concept of Prosecutor's supervision over the implementation of laws in the operational-investigative activities, based on the analysis of some studies, stress was laid on improving the efficiency of the operational unit through preventive action by prosecutors.
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Qinvi, Nada Ulya, and Alfitra Alfitra. "Studi Perbandingan Kewenangan Kejaksaan Republik Indonesia Dengan Kejaksaan Malaysia Dalam Penanganan Perkara Tindak Pidana Korupsi." JOURNAL of LEGAL RESEARCH 2, no. 2 (January 29, 2021): 231–56. http://dx.doi.org/10.15408/jlr.v2i2.13914.
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This study aims to explain the role of the Indonesian Public Prosecutor's Office and the Malaysian Prosecutor's Office in corruption crimes as well as the similarities and differences between the authorities of the Republic of Indonesia Prosecutors and the Malaysian Prosecutors in handling corruption cases. This research uses qualitative research research. In this research, the data collection method is carried out by using the library research technique, namely by studying the literature, legislation, books, official documents, and the writings of scholars related to this thesis. and analyzed using descriptive-qualitative methods. The approach used in this research is a statutory approach and a conceptual approach. The results of this study indicate that what becomes the similarity between the authority of the Republic of Indonesia Prosecutor's Office with the Malaysian Attorney is the role of the permanent prosecutor as public prosecutor, while what distinguishes the authority of the Republic of Indonesia Prosecutor's Office with the Malaysian Attorney is the authority in the field of prosecution.Keywords: Comparison, Authority, Attorney, Corruption Crime
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Firdaus, Aras. "Implementation of the Prosecution Process in the Criminal Justice System at the Attorney General's Office." Veteran Law Review 5, no. 2 (November 14, 2022): 162. http://dx.doi.org/10.35586/velrev.v5i2.4349.
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The Prosecutor's Office as one of the law enforcement agencies is required to play a greater role in enforcing the law, protecting the public interest, enforcing human rights, and eradicating corruption, collusion and nepotism. The Prosecutor's Office is the only government agency implementing state power that has duties and authorities in the field of prosecution in law enforcement and justice in the general court environment. This study is to determine the criminal justice system in prosecution in Indonesia, how the criminal justice system in the application of prosecution in Indonesia and How is criminal responsibility as a criminal justice system through prosecution by the prosecutor. The research method uses normative juridical. The results of the study show that the prosecution system must be guided by the principles adopted by countries in the world as the basis for prosecuting. These principles are the principle of legality and the principle of opportunity. Prosecutors are carried out by public prosecutors, and public prosecutors are prosecutors who are authorized by this law to carry out prosecutions and carry out judges' decisions. The conclusion of the study is that the Prosecutor's Office of the Republic of Indonesia as part of the judicial power is pure and free from the intervention of political power by including the Prosecutor's Office of the Republic of Indonesia explicitly in the articles in the 1945 Constitution of the Republic of Indonesia or by revising Law No. 16 of 2004 concerning Attorney.. The crime committed by the suspect will be reviewed by the public prosecutor, the public prosecutor has full authority in carrying out the prosecution. Suspected perpetrators of criminal acts will enter the criminal justice system when there is an arrest and then detained and brought to court so that they can be officially prosecuted.Keywords:Prosecutor; criminal justice; attorney
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Khayali, R. I. "RESTORATION OF THE INSTITUTE OF PROSECUTOR’S OFFICE IN SOVIET RUSSIA." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 3 (1) (2022): 67–76. http://dx.doi.org/10.37279/2413-1733-2021-7-3(1)-67-76.
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The article analyzes the reasons and prerequisites for the restoration of the institution of the prosecutor’s office in the RSFSR. Shown is the process of organizing supervision by various state bodies during the absence of prosecutors. During the discussion of the Regulation on Prosecutor’s Supervision, different points of view on the place and role of the Prosecutor’s Office in the mechanism of the Soviet state are being considered. The conclusion is drawn: the creation of prosecutorial bodies and the organization of prosecutorial supervision met the challenges of the time. The full functioning of law enforcement agencies, like the entire Soviet state apparatus, became possible on the basis of the revival of a new type of prosecutor’s office, which has oversight functions for the observance of the rule of law.
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Rasheva, Natalia. "Prosecutor's supervision over the implementation of anti-corruption legislation (on the example of the Prosecutor's Office of the Murmansk region)." Advances in Law Studies 10, no. 3 (September 25, 2022): 46–50. http://dx.doi.org/10.29039/2409-5087-2022-10-3-46-50.
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The activities of the prosecutor's office to combat corruption today is one of the priorities of prosecutorial supervision. As part of this study, we will analyze the results of the work of the Murmansk Region Prosecutor's Office on supervision of the implementation of anti-corruption legislation for the first 6 months of 2022, identify problems of legal regulation in this area and formulate ways to solve them.
Based on the conducted research, taking into account the globality of the work carried out by the Prosecutor's office to combat corruption, it is proposed that the Prosecutor General's Office of Russia adopt an order that would establish criteria for evaluating the effectiveness of the prosecutor's office in the field of combating corruption. What exactly should be taken as a unit of measurement to take in assessing the performance of the supervisory authorities in the fight against corruption? To date, there is no document establishing efficiency criteria, priorities are determined at the annual boards of the Prosecutor General's Office of the Russian Federation, in the appeals of the President of the Russian Federation, including to the Federation Council of the Federal Assembly of the Russian Federation, by Orders of the Prosecutor General's Office of Russia, including № 454 dated 29.08.2014 «On the organization of Prosecutorial supervision over the implementation of Legislation on anti-corruption»
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Cicchini, Michael. "Constraining Strickland." Texas A&M Law Review 7, no. 2 (January 2020): 351–82. http://dx.doi.org/10.37419/lr.v7.i2.2.
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When a convicted defendant pursues an ineffective assistance of counsel (“IAC”) claim on appeal—for example, by alleging that the defense lawyer failed to call an important witness at trial—the defendant must satisfy Strickland’s two-part test. This requires a showing that (1) defense counsel performed deficiently, and (2) this deficient performance prejudiced the defendant’s case. The Strickland test is intentionally difficult for a defendant to satisfy, and courts reject nearly all IAC claims. The primary justification for this is that prosecutors and judges should not have to retry defendants because of defense counsel’s errors, as such errors are completely outside the government’s control. Strangely, however, courts have dramatically expanded Strickland’s two-part test beyond its original purpose. In addition to using it to analyze defense counsel’s performance, courts also use it to blame defense counsel for prosecutorial and judicial misconduct. When a prosecutor cheats or a judge is incompetent, courts turn Strickland’s two-part test on the defense lawyer to answer for the failure to object to the prosecutor’s misconduct or to educate the judge on the spot, in the middle of trial. Strickland, in effect, now requires the defense lawyer to do three jobs in one: his or her own, the prosecutor’s, and the judge’s. This bizarre expansion of Strickland is not supported by law or logic, and it creates serious problems for defense lawyers. Further, by viewing acts of prosecutorial and judicial misconduct through Strickland’s lens—a framework that was never intended to protect prosecutors and judges from their own misdeeds—courts are also harming defendants’ chances on appeal and damaging the integrity of the criminal justice system. This Article demonstrates how courts have improperly expanded Strick- land, explains the resulting harms, and advocates for clear, simple, and theoretically sound legal reform. That is, courts must hold prosecutors and judges accountable for their own misconduct, rather than diverting blame to the defense lawyer through Strickland’s ill-suited IAC framework.
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Okopnik, Olena, and Maksim Kobzarenko. "MONITORING COURT DECISIONS AS A TOOL FOR OBTAINING INFORMATION, WHICH IS THE BASIS OF REPRESENTATION BY THE PUBLIC PROSECUTOR OF STATE INTERESTS IN COURT." Scientific Notes Series Law 1, no. 9 (2020): 97–102. http://dx.doi.org/10.36550/2522-9230-2020-1-9-97-102.
Full textAbstract:
The activity of the prosecutor's office of Ukraine is based on the principles of legality. The tools used by the prosecutor in his work must be normatively defined and enshrined in law. Failure to comply with these conditions may lead to different interpretations of the actions of prosecutors both by lawyers in general and directly by the courts in making decisions. Judicial practice and departmental regulations show that prosecutors use a tool such as "monitoring of court decisions", the definition of which is not enshrined in law. Therefore, the article analyzes the issue of prosecutors' use of such a tool as monitoring court decisions. In particular, the connection between the concept of "monitoring of court decisions by the prosecutor" and such fundamental principles of various forms of proceedings as publicity of the trial and openness of information about the case. The need to disclose the content of the concept of "monitoring of court decisions by the prosecutor" is pointed out. It is noted about the need to define this concept as a tool of the prosecutor, and to distinguish it from the concept of "grounds for representation by the prosecutor of the interests of the state in court." Emphasis is placed on the expediency of normative consolidation of the concept of "monitoring of court decisions by the prosecutor". On the basis of researches of domestic scientists, the author's definition of the concept "monitoring by the prosecutor of court decisions" is given. According to the results of the analysis, the source of monitoring court decisions was recorded. The purpose of monitoring court decisions has been clarified. There is an idea of the need for the prosecutor to ensure the frequency of monitoring. The results of the prosecutor's use of monitoring court decisions are highlighted. The connection between the use of this concept and the exercise of the prosecutor's powers to represent the interests of the state in court has been established. The wording of the relevant concept of "monitoring of court decisions by the prosecutor" gives the legislator the opportunity to use it when making amendments to existing regulations governing the activities of the prosecutor, and can also be used to improve subordinate regulations.
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Hrytsenko, I. S. "LEVELS AND AREAS OF ADMINISTRATIVE AND LEGAL ACTION AGAINST CORRUPTION IN PROSECUTOR BODIES IN UKRAINE." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 57–62. http://dx.doi.org/10.15421/391994.
Full textAbstract:
The article covers the issues of determining the levels and directions of administrative and legal counteraction to corruption in prosecuting bodies in Ukraine. The following levels of administrative and legal counteraction to corruption in the bodies of the Prosecutor’s Office of Ukraine are highlighted: international; nationwide intra-departmental (carried out on the system of prosecutorial bodies in the general departmental order); nationwide law enforcement; regional intra-departmental; regional law enforcement (carried out by regional prosecutor’s offices and regional departments of the Military Prosecutor’s Office and the Specialized Military Prosecutor’s Office; local intra-departmental; local law enforcement. The directions of administrative and legal counteraction to corruption in the bodies of the Prosecutor’s Office of Ukraine are distinguished: 1) by the subjects of counteraction and entities in respect of which the corruption is being counteracted: intra-departmental counteraction to corruption; counteracting corruption by external bodies; counteracting corruption in the functional areas of the prosecution bodies by such bodies; 2) in the areas of combating corruption: combating corruption in the field of internal administrative issues (appointment, remuneration, disciplinary proceedings, etc.); counteracting corruption in crime investigations; counteracting corruption in the field of public prosecution in court; counteracting corruption in the area of coordination of pre-trial investigation bodies; counteracting corruption in the area of administrative liability for corruption offenses; counteracting corruption in other areas of the prosecutor’s office; 3) for the subjects of corruption offenses: combating corruption against prosecutors; combating corruption related to prosecutors; counteracting corruption against other prosecutors; counteracting corruption in relation to bodies that are coordinated with the prosecutorial system; counteracting corruption against others; 4) by nature of actions: preventive counteraction to corruption; human rights counteraction to corruption; anti-corruption counteraction.
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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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Baitemirov, K. B. "DIRECTIONS OF IMPROVEMENT OF PROSECUTORIAL SUPERVISION OVER EXECUTION OF LAWS DURING THE ACCEPTANCE, REGISTRATION AND RESOLUTION OF COMMUNICATIONS ON CRIMES (based on a sociological survey of prosecutors)." Law Нerald of Dagestan State Universit 34, no. 2 (2020): 145–50. http://dx.doi.org/10.21779/2224-0241-2020-34-2-145-150.
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The article analyzes the results of an expert survey of prosecutors. The relevance of the topic is due to the task of increasing the effectiveness of prosecutorial oversight for the implementation of laws when receiving, registering and resolving reports of crimes. The scientific search and determination of the directions for improving this type of prosecutorial supervision in article are based on the method of expert survey in which prosecutors at various levels expressed their opinions and assessed key issues of supervisory practice. The analysis of the results of the survey showed that improving prosecutorial supervision lies in the plane of normative regulation of new forms of information and analytical work of prosecutors and in the development of new tools for working with information. It is concluded that organizational measures (interaction, methodology, etc.) play a decisive role in the Prosecutor's supervision of law enforcement when receiving, registering and resolving reports of crimes.
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Конюшенко, Я. Ю. "PROSECUTOR'S SUPERVISION OF LAW CONDUCTING INVESTIGATIVE (SEARCH) ACTIONS." Juridical science, no. 3(105) (March 30, 2020): 377–86. http://dx.doi.org/10.32844/2222-5374-2020-105-3.46.
Full textAbstract:
The purpose of the article is to define the prosecutor's supervision over investigative (search) actions as a legal guarantee of human rights, as well as problematic issues in its implementation and to make proposals to improve the current criminal procedure legislation of Ukraine. The article defines doctrinal approaches to the concepts of "prosecutor's supervision over compliance with the law during the pre-trial investigation" and "prosecutor's procedural guidance of the pre-trial investigation" in the context of investigative (search) actions. The author came to the conclusion that the provisions of the Constitution of Ukraine, the Law of Ukraine "On the Prosecutor's Office" and the Criminal Procedure Code of Ukraine in terms of regulating the functions and powers of the prosecutor during the pre-trial investigation. Based on the study, it is proposed to consider procedural guidance as one of the forms of prosecutor's supervision over the pre-trial investigation, which is implemented directly by the prosecutor or a group of prosecutors who are appointed to carry it out in a particular criminal proceeding. The author also emphasizes the existence of forms of supervision of the highest level prosecutor on the legality of these actions, which are implemented through the demand and study of information on the progress and results of pre-trial investigation, criminal proceedings and certified copies of court decisions and study of compliance with criminal procedure. A number of problematic issues during the prosecutor's supervision in pre-trial criminal proceedings are outlined, which relate to the relationship between the prosecutor's supervision and judicial control over the legality of investigative (search) actions; subjects and subject of supervision of the prosecutor in this sphere; providing the prosecutor-procedural manager and prosecutors of the highest level with instructions and instructions during the investigative (search) actions. To address these issues, it is proposed to amend the current criminal procedure legislation of Ukraine. The study of the materials of criminal proceedings and the survey of the subjects of criminal proceedings indicate the existence of a number of problematic issues that exist during the implementation of the prosecutor's procedural guidance of investigative (search) actions in the context of human rights.
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Shabarov, D. V., V. A. Gubin, and V. A. Mayorov. "Social Attitudes to Public Prosecution: Theory and Practice." Bulletin of Kemerovo State University 21, no. 4 (December 31, 2019): 1050–59. http://dx.doi.org/10.21603/2078-8975-2019-21-4-1050-1059.
Full textAbstract:
The research featured the approaches to the study of social attitudes to public prosecution. The results were used as the theoretical basis for the development and testing of the complex of diagnostic measures "Representation of Public Prosecution". The complex consisted of projective techniques aimed at identifying social attitudes to public prosecution. The proposed complex is an integral part of the Comprehensive Program for the Training of Newly Hired Prosecutors of the Prosecutor's Office of the Russian Federation. The program was developed on the basis of the St. Petersburg Prosecutor's Office by V. A. Gubin and D. V. Shabarov in 2019. It identifies interests and predisposition to various types of prosecutorial activities. The program makes it possible to create an individual vocational and educational route in the framework of training newly hired prosecutors. It also determines the professional orientation and social settings of the new employees, their system of ideas about the environment of prosecutorial activities, their self-esteem and ability to perform this activity, the degree of professional value orientations, and interest in professional activity. The methods may be useful for district prosecutors that mentor young specialists in various institutions and form an individual training plan. In addition, the presented methods can be of some help to those employees of bodies and institutions of the prosecutor's office who decided to change the type of supervisory activity. The article describes an analysis of one of the methods of the Complex, namely the Projective methodology "20 definitions of the concept of "prosecutor's office". It was developed and successfully tested in practice by V. A. Gubin and D. V. Shabarov in 2019. The methodology identifies the cognitive component of social representations of prosecutorial activity.
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Rainville, Gerard. "An Analysis of Factors Related to Prosecutor Sentencing Preferences." Criminal Justice Policy Review 12, no. 4 (December 2001): 295–310. http://dx.doi.org/10.1177/0887403401012004003.
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Three types of variables have been identified as related to prosecutor decision making in the screening and settlement stages of criminal case-processing—legal, extralegal, and resource variables. The current analysis examines the degree to which these classes of variables affect prosecutor sentence preferences. Ordinary least squares regression is used to relate factors that prosecutors regard as germane to forming sentence preferences to a measure of sentence restrictiveness. Analyses reveal a diminished reliance on legal and extralegal variables in the determination of preferred sentences. In their stead, the available correctional placement options within a prosecutor's jurisdiction as well as the personal values of prosecutors appear to determine the level of sentence restrictiveness that prosecutors desire.
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Khudoynazarov, Dadakhon. "SOME ISSUES OF PROSECUTOR’S PARTICIPATION IN ECONOMIC COURTS." Jurisprudence 1, no. 5 (December 15, 2021): 95–100. http://dx.doi.org/10.51788/tsul.jurisprudence.1.5./gegf7851.
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This article defines the principle of adversariality and equality of the parties to the trial in the specified Action Strategy, the main areas of activity of prosecutors, the participation of the prosecutor in the economic process, the participation of the prosecutor in the economic court of first instance, the procedure for appeal, the conclusion of the prosecutor in the case, appeals and cassation protests, the work done on expanding the participation of the prosecutor, statistics on ensuring the powers of the prosecutor in economic proceedings, recent changes and additions to the legislation on the participation of the prosecutor. The prosecutor in the courts, their content and essence, the participation of the prosecutor only in cases provided for by law or in cases initiated by the prosecutor, the Supreme Council of Judges submits petitions to the prosecutor’s office, the prosecutor’s appeal and cassation to the economic courts, opinions expressed by scientists on the participation of the prosecutor in legal literature and textbooks , as well as suggestions and recommendations for improving legislation.
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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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Komkov, S. A. "The Role of the Prosecutor's Office in Protecting the Labor Rights of Employees." Siberian Law Herald 2022.1 (2022): 57–61. http://dx.doi.org/10.26516/2071-8136.2022.1.57.
Full textAbstract:
Protecting the labor rights and interests of citizens is one of the important tasks of the Russian prosecutor’s office. The subject of prosecutorial supervision over compliance with labor legislation and labor protection is implemented in three main areas, in particular, compliance with and implementation of the Constitution of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation in the field of labor, by-laws adopted by federal executive authorities and executive authorities subjects of the Russian Federation, acts of local self-government bodies, acts of regulatory bodies and their officials, as well as local regulatory legal acts adopted in commercial and non-commercial organizations, from employers - individuals who are individual entrepreneurs. Wherein the prosecutor is obliged to monitor the observance of labor rights and interests of employees by employers, established not only by regulatory legal acts adopted by state and municipal bodies, but also by acts of social partnership. The main areas of interaction between the federal labor inspectorate and the prosecutor’s office of the Russian Federation are, in particular, the fact that employees of the prosecutor’s office and state labor inspectors regularly share important information about the established violations of labor legislation, including about representatives of the employer brought to legal responsibility under Art. ... Art. 5.27 and 5.27.1 of the Code of Administrative Offenses of the Russian Federation and the fact that prosecutors are usually employed as specialists of state labor inspectors in order to closely monitor compliance with labor legislation. Prosecutors must protect not only the right of workers to timely and full payment of wages, but also other labor rights and interests of citizens.
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Danilova, N. A., and T. G. Nikolaeva. "Forensic Science in the Work of a Prosecutor: Nonsense or an Urgent Need?" Actual Problems of Russian Law 15, no. 9 (September 29, 2020): 113–19. http://dx.doi.org/10.17803/1994-1471.2020.118.9.113-119.
Full textAbstract:
The paper substantiates the position of the authors criticized by some modern domestic scientists on the need for a prosecutor to possess forensic knowledge when exercising supervision over the observance of law in the investigation of crimes. The results of an analysis of law enforcement practice, authors’ own experience in the system of advanced professional training of prosecutors and the examples of the prosecutorial examination of on-site inspection reports and expert findings for identification of not only violations of the criminal procedure law, but also errors of a criminalistic nature, support this position. This approach will allow the prosecutor to identify the existing gaps in the evidence base, determine the possibility, ways and means of filling them, and ultimately make a legal and informed decision. The authors conclude that only in the case of sufficient knowledge in the field of forensic science (recommendations for studying the materials of a criminal case on a particular type of crime, as well as the methodology for investigating this crime), the prosecutor’s decision to return the criminal case for additional investigation or other decisions provided for by the Code of Criminal Procedure of the Russian Federation, will be reasonable and motivated.
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Stefanchuk, М. "APPROXIMATION OF GUARANTEES OF INDEPENDENCE OF PROSECUTORS AND JUDGES IN UKRAINE: IN SEARCH OF PREREQUISITES AND TRENDS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 74–80. http://dx.doi.org/10.17721/1728-2195/2022/2.121-13.
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Some aspects of the convergence of guarantees of independence of prosecutors and judges in Ukraine, due to constitutional changes in the judiciary, are highlighted in the paper. The purpose of the article is to sort out the prerequisites and identify trends in the convergence of guarantees of independence of prosecutors to judges at the current stage of reforming the justice system. It is established that the current scientific discourse on the issue of institutional determination of the place of the Prosecutor's Office in the mechanism of state power is mainly to determine the benefits of the autonomous status of the Prosecutor's Office, in which it doesn't belong to any branch of government, and holds the status of an autonomous body within the judiciary. It is argued that the institutional recognition of the Prosecutor's Office as an autonomous and independent body of the judiciary is more promising for the purpose of bringing the legal status of the prosecutor closer to the legal status of the judge, considering the interdependence of their powers and the need to ensure proper justice. It is stated that international standards define the independence of the Prosecutor's Office as an unconditional consequence of the independence from the judiciary and declare the prosecutors to have guarantees similar to those of judges, given by the proximity of the missions of judges and prosecutors, particularly, regarding the appointment, transfer, promotion and the application of disciplinary sanctions. As a result, it is proposed that the formation of bodies that determine the level of professional training of persons who intend to take the position of a prosecutor or judge, as well as resolve issues of disciplinary liability of prosecutors and judges together with their transfer and dismissal to be as close as possible. The peculiarities of legislative regulation of the formation of judicial and prosecutor's governance at the current stage of reforming the justice system in Ukraine are analyzed. It was found that the tendencies towards convergence of these processes in relation to prosecutors to the level of judges are weakening. It is proposed to create a single judicial and prosecutor's governance to address career and discipline issues, which will harmonize and simplify the structure of judicial governance in Ukraine, as well as unify these procedures for prosecutors and judges as key public officials of the justice system.
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Tabolina, K. A. "Prosecutor at the initial stage of criminal proceedings: finding ways to optimize activities in the light of digital technologies." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (December 22, 2020): 89–96. http://dx.doi.org/10.17803/2311-5998.2020.74.10.089-096.
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This article is devoted to the problems of participation of the Prosecutor at the initial stage of criminal proceedings and the search for ways to optimize its activities in the light of the digital transformation of the Prosecutor’s office of the Russian Federation, carried out in three main areas, namely high-tech supervision, digital infrastructure, and the environment of trust. The transition to high-tech supervision and the development of digital infrastructure should lead to work with a single electronic case on the basis of a single interdepartmental digital online platform. At the same time, a single interdepartmental digital online platform will ensure interaction both within the prosecutor’s office and the interaction of the prosecutor’s office with the investigation, inquiry, public, and court bodies. The conclusion is drawn that the digital transformation of the Russian prosecutor’s office optimizes the activities of prosecutors at the initial stage of criminal proceedings, but this should be preceded by legislative changes aimed at strengthening the role of the prosecutor in pre-trial proceedings. It also states the need to increase the availability of information to citizens about the activities of prosecutors and the state of legality in pre-trial criminal proceedings and expand the list of statistical data posted on the official website of the General Prosecutor’s Office of the Russian Federation.
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Golovko, I. I. "Parties Involved in Civil and Arbitrazh Procedural Relations with the Prosecutor’s Participation." Actual Problems of Russian Law 15, no. 1 (February 20, 2020): 168–78. http://dx.doi.org/10.17803/1994-1471.2020.110.1.168-178.
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In the Soviet period of the development of the prosecutorial activity science, individual authors substantiated ideas about legal relations with the participation of the prosecutor, which have not been developed in modern science. The current active development of the science of prosecutorial activity necessitates focusing on such categories as the structure and content of legal relations with the participation of the prosecutor, their research and substantiation of the provisions on which the further study could be based. The paper presents the results of a study of civil and arbitrazh procedural legal relations with the participation of the prosecutor in terms of the subject elements. The conclusion on the determination of the prosecutor (but not the prosecutor’s body) by one of the subjects of the main civil and arbitrazh procedural legal relations is justified. The participants of the indicated procedural legal relations and their roles are determined. Based on the study, it was concluded that the civil and arbitrazh procedural legal relations involving a prosecutor are bilateral.
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Tkeshelashvili, Shota. "Prosecutor: The History, Duties, and Responsibilities in Georgia, and Other Foreign Countries." Journal of Legal Studies 30, no. 44 (November 10, 2022): 44–64. http://dx.doi.org/10.2478/jles-2022-0015.
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Abstract The prosecutor is an individual who on behalf of the Government carries on criminal prosecution against the guilty person and in the court with the mandate of society and supports the State Prosecution. The main aim of the prosecutor is the find out such objective and indisputable evidence, which will help the court to make the right and fair decision. The present article according to the qualitative research method focuses on the history, stages of development, and current functions of the prosecutors. Based on this, it became clear how effective and productive the prosecutor’s participation in the court is and, in general, how independent the prosecutor is in the performance of his or her functions and what are similarities and differences in different countries prosecutor’s independence, roles, and responsibilities. As the study highlighted the International Prosecutor should have exclusively such rights, as investigation and implementation of criminal persecution against specific persons. Apart from these restrictions imposed by the legislation, of course, substantive importance is given to the global situation in the world during the prosecutor’s activities.
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Daughety, Andrew F., and Jennifer F. Reinganum. "Prosecutor Quality, Witness Participation, Crime, and Reform." American Economic Journal: Microeconomics 13, no. 4 (November 1, 2021): 64–100. http://dx.doi.org/10.1257/mic.20200039.
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We develop a model wherein concerns about prosecutor quality reduce the willingness of witnesses to cooperate with prosecutors. This causes an increase in the crime rate and in wrongly convicted innocent defendants. Because citizens are taxpayers and may be victims, perpetrators, witnesses, or falsely accused defendants, they care about the prosecutor’s quality. They update beliefs about this quality based on the disposition of cases. If the prosecutor’s believed quality falls below a threshold, then a majority of voters chooses to replace the prosecutor with a challenger, in expectation of reform. We compare the majority’s choice with that of a social planner. (JEL D83, K41, K42)
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Nasonov, A. A. "CRIMINAL PROCEDURE FUNCTIONS AND POWERS OF THE PROSECUTOR AS FACTORS DETERMINING THE SPECIFICS OF PROSECUTOR's SUPERVISION IN PRE-TRIAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 31, no. 1 (February 12, 2021): 124–32. http://dx.doi.org/10.35634/2412-9593-2021-31-1-124-132.
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The article analyzes the opinions of scientists expressed during the scientific discussion that unfolded around the issue of criminal procedure functions of the Prosecutor in pre-trial proceedings. Provides additional arguments in favor of supervision of execution of laws as the main function of the Prosecutor under the Law on the Prosecutor determines other types of prosecutorial activities (criminal prosecution, the preliminary investigation, etc.) that are supportive in nature. These types of Prosecutor's activities are not only ways to specify Prosecutor's supervision in criminal proceedings, but also means of implementing the criminal procedure function of the prosecution, which exists according to the concept of the current criminal procedure legislation of the Russian Federation, focused on the adversarial process, along with the function of protection and the function of resolving criminal cases. The article also addresses the issue of granting additional powers to the Prosecutor in pre-trial proceedings. It is proved that the decision to grant additional powers to the Prosecutor in pre-trial proceedings should create opportunities to maintain the necessary balance in pre-trial proceedings between Prosecutor's supervision, departmental control and judicial control. Evidence is given that the harmonious existence of Prosecutor's supervision and departmental control in pre-trial proceedings will allow us to count on overcoming existing violations of the law in the investigation of crimes, which currently remain many.
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Smirnov, A. F. "Uncertainty of Wording in the Federal Law "On the Prosecutor’s Office of the Russian Federation"." Actual Problems of Russian Law 15, no. 12 (December 30, 2020): 174–80. http://dx.doi.org/10.17803/1994-1471.2020.121.12.174-180.
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The paper is devoted to the study of issues arising from the application in the organization and activities of the prosecutor’s office of the norms of the Federal Law of 17.01.1992 No. 2202-1 "On the Prosecutor’s Office of the Russian Federation" known by their uncertainty and inconsistency. The author analyses the situations in which the existing methods of interpreting legal norms do not make it possible to find an appropriate solution in the functions of the prosecutor’s office implementation. The study notes the inconsistency of certain provisions of the Federal Law with the constitutional framework for regulating the organization and activities of the prosecutor’s office. The author highlights the unjustified expansion of the limits of departmental legal regulation of the organization of prosecutorial supervision. The legal norms governing the powers of prosecutors, objects of prosecutorial supervision and the function of the prosecutor’s office to initiate cases of administrative offenses and administrative investigation were subjected to critical analysis. Based on the results of the study, the author concludes that it is necessary to significantly amend and supplement the current Law.
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Panov, A. A., and O. V. Frolov. "PEDAGOGY OF THE COMMUNICATIVE CULTURE OF THE FUTURE PROSECUTORS WORKER." Vestnik Orenburgskogo gosudarstvennogo universiteta 235 (2022): 87–93. http://dx.doi.org/10.25198/1814-6457-233-87.
Full textAbstract:
The result of bibliographic and field research was the confirmation of the hypothesis that the effectiveness of the professional activity of the future prosecutor’s worker is determined by active and competent participation in the anthropic process of comprehending the specifics of professional communications already at the stage of obtaining professional education. The authors consistently present and meaningfully reveal the categories of “education”, “culture”, “communicative culture”, “communication”. The upbringing of a communicative culture in the cultural space of a law school will ensure in the future a positive impact on the subject and interaction between subjects in professional activities within the framework of the law as a true value of social order and the triumph of justice. The scientific novelty of the work lies in identifying the axiological level of the communicative culture of the future prosecutor’s worker, the most important task of which is the approval of communicative values that authorize the program of interaction in prosecutorial activities; fixation of pedagogical norms, commensurate with the humanitarian nature of the modern personality, “returned” to communication “after hitches, breaks, indistinctness” (Schegloff) interaction. Pedagogical intentions in the communicative culture of future prosecutors are determined. The phenomenon of education of communicative culture in axiological and culturological approaches has been studied. The upbringing of the communicative culture of the future prosecutor, creating conceptual systems of professional communication and supporting dialogue relations, will help to strengthen the semantic continuum of the space of professional activity, including the means of activity and the organization of consciousness that develops in communication (vision, understanding, meaning formation) (V.M. Rozin). The results of the study can be used in the education of future prosecutors in the communicative space of a law school and in the formation of a system of educational work in the prosecutor’s office of the Russian Federation.
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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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Abdullaev, Magomedrasul M., and Eldar M. Abdullaev. "Verification by the prosecutor of compliance with the requirements of the law when resolving the issue of refusal to initiate criminal proceedings." Law Нerald of Dagestan State University 42, no. 2 (2022): 158–64. http://dx.doi.org/10.21779/2224-0241-2022-42-2-158-164.
Full textAbstract:
The article is devoted to the study of the issues of the implementation of prosecutorial inspections of compliance with the requirements of the law when the bodies of preliminary investigation make a procedural decision to refuse to initiate criminal proceedings. It reveals the basic, fundamental concepts on the issues of prosecutorial inspections, raises some of the most pressing problems today. In particular, attention is paid to the subtleties of prosecutorial checks when checking decisions on refusal to initiate criminal proceedings on reports of crimes committed in the field of entrepreneurship, ways to strengthen prosecutorial supervision in this area. Both positive and negative examples of interdepartmental interaction of the prosecutor's office with the bodies of pre-liminary investigation and inquiry are also considered. The relevant statistical information of both the Prosecutor's Office of the Republic of Dagestan and the investigative Department of the Investigative Committee of the Russian Federation for the Republic of Dagestan is provided on these issues. The authors come to the conclusion that the protection of the rights of victims of crimes, the restoration of the violated security of society, the violated interests of the state are extremely important and responsible tasks assigned to the prosecutor by law. Accordingly, the prosecutor is obliged to act proactively, clearly and clearly indicate his legal position on certain issues, orienting other law enforcement agencies accordingly to specific actions.
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Amelin, O. Yu. "IMAGE OF PROSECUTORS AND THE PROSECUTOR'S OFFICE IN UKRAINE: A MODERN CONCEPT." Constitutional State, no. 47 (October 18, 2022): 8–20. http://dx.doi.org/10.18524/2411-2054.2022.47.265275.
Full textAbstract:
The article is devoted to the study of the peculiarities of understanding the image as a concept in general and the image of prosecutors and prosecution in particular. Attention is focused on the role of the image of state bodies of Ukraine, including the prosecutor’s office, in the conditions of a full-scale military attack on Ukraine. The tendency to the spread of information tools of commercial organizations among public authorities, in particular the prosecutor’s office, the intensification of attention of their management to the role of image and methods of effective image-making is stated. Examples of practical activities on the implementation of developments in the field of image-making among prosecutors are given. It is determined that the image in the broadest sense includes self-image, image perceived by others and desired image. At the same time, image-making involves the purpose, strategy and tactics of forming the desired image. It is proposed to interpret the image of prosecutors as the image of perception of their personal traits and professional qualities by others - citizens, colleagues, representatives of other bodies and institutions of the justice system. And the image of the prosecutor’s office - as a stable perception of the prosecutor’s office, which is formed both by employees in the course of their professional activities, and by the public by informing it about the activities of the institution, its mission, values, etc. It was emphasized that a properly formed image of prosecutors is an extremely important component of the successful performance of the functions entrusted to the prosecution and the effective implementation of its development strategy. An important debatable issue of positioning the symbols of the prosecutor’s office in Ukraine as a component of its image is raised. It was found that the symbols of the Prosecutor General’s Office, which replaced the symbols of the Prosecutor General’s Office of Ukraine, represent exclusively the prosecution body of the highest level, while the regional and district prosecutor’s offices allegedly have nothing to do with it, which does not correlate well with the unity of the prosecution system of Ukraine and the unified status of all prosecutors. Attention was focused on the need for further research of the problem of improving the methods of identifying the attitude of the society and the prosecutors themselves to the image of the department and individual prosecutors, given the dubious objectivity of such methods as questionnaires and surveys, even with the use of modern electronic tools.
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Lee, Seong-Ki. "Review on the Legality of the Amendment to Presidential Decree on the Scope of Crime Investigation Initiated by a Prosecutor." Kyung Hee Law Journal 57, no. 3 (September 30, 2022): 75–100. http://dx.doi.org/10.15539/khlj.57.3.3.
Full textAbstract:
Article 4 of the Prosecutor’s Office Act of 2020 provided that a prosecutor may commence an investigation for significant crimes prescribed by Presidential Decree, such as corruption, economic crimes, crimes of public officials, election crimes, defense industry crimes, and catastrophes. The National Assembly revised the article in May of 2022 providing that a prosecutor may commence an investigation for significant crimes prescribed by Presidential Decree, such as corruption and economic crimes, which was revised to reduce the scope of crime investigation initiated by a prosecutor. Thereafter, Ministry of Justice published Amendment to Presidential Decree according to the Prosecutor’s Office Act of 2022.
This article reviewed on the legality of the amendment and concluded as follows. The revision unjustifiably extended the scope of crimes that prosecutors may commence by adding such crimes as were excluded from the list in the Act of 2022, obstruction of justice or the crimes must be reported to a prosecutor by a related authority under individual statutes. This paper also argues that the definition of ‘directly related crimes’ referred to a prosecutor by a judicial police officer is unreasonably excluded, which may include all the crimes that a prosecutor may see proper to investigate without a relevant guideline for the prosecutor to follow. Therefore, this paper concludes that the amendment deviates limit of delegated legislation of the Prosecutor’s Office Act of 2022.
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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.
Full textAbstract:
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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Afanasieva, T. I. "Enforceability as a Requirement for Acts of Prosecutorial Response (on Materials of Judicial Practice)." Courier of Kutafin Moscow State Law University (MSAL)), no. 3 (June 7, 2022): 35–44. http://dx.doi.org/10.17803/2311-5998.2022.91.3.035-044.
Full textAbstract:
The article analyzes the practice of courts of general jurisdiction and arbitration courts in cases of challenging the submissions of the prosecutor and other acts of the prosecutor’s response on the grounds of their unenforceability. The main reasons for recognizing the acts of the prosecutor’s response as unenforceable are determined, among which the absence in the act of the prosecutor’s response of an indication of specific measures that the offender must take to eliminate the violation is highlighted; addressing to the wrong subject; the absence in the content of the act of the prosecutor’s response of specific information about improper performance; untimely introduction of the act of the prosecutor’s response. The ambiguous approach of the courts to the demanding part of the prosecutor’s presentation regarding the nature of specifying the measures necessary to eliminate the identified violations is stated. The correlation between the requirements of legality and enforceability of acts of prosecutorial response is considered. The characteristic of enforceability as an independent requirement for the acts of prosecutorial response is given. The inadmissibility of a double interpretation of the wording contained in the act of response is emphasized.
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Khatov, E. B. "Information and Analytical Activities of the Russian Prosecutor’s Office: Genesis and Evolution." Russian Journal of Legal Studies 5, no. 2 (June 15, 2018): 187–93. http://dx.doi.org/10.17816/rjls18421.
Full textAbstract:
Generalizing the practice of the organization and implementation Russian Prosecutor’s activities since its inception to the present day, the author examines the information and analytical support as a factor in ensuring the unity of the prosecutorial system. It’s accentuated the role of information technology in this field.Proposed changes to the Federal Law «On Prosecutor’s Office of the Russian Federation» which can oblige the prosecutor to carry out information and analytical activities.A study of the genesis of the information-analytical activity and its organization to certain extents possible to look at from a new angle on the problematic issues of data collection, processing, analysis and uses of information by prosecutors.It is stated that the development of the prosecution affects the evolution of information-analytical component of prosecutorial activity.
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Kurniasari, Dian, and Mudasetia Hamid. "UPAYA PENGENDALIAN STRES KERJA DALAM PENINGKATAN KINERJA JAKSA DI KEJAKSAAN NEGERI KLATEN." Jurnal Riset Akuntansi dan Bisnis Indonesia 2, no. 1 (March 30, 2022): 151–63. http://dx.doi.org/10.32477/jrabi.v2i1.429.
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The research objectives are: (1) To determine the performance of the prosecutor at the Klaten District Attorney; and (2) To find out efforts to control work stress in improving the performance of the prosecutor at the Klaten District Attorney. Data collection techniques using observation, interviews and documentation. Interviews were conducted with 17 functional prosecutors serving in the Klaten District Attorney's Office. Data analysis used descriptive qualitative analysis. The results showed: (1) The performance of the Public Prosecutor at the Klaten District Attorney in general was adequate, both from the aspect of the prosecutor's work target and the aspect of work behavior. Based on the aspect of the prosecutor's work target, it is known that the Prosecutor's Office at the Klaten District Attorney has shown a fairly good quantity of work, namely the completion of the target agenda of cases that must be resolved, which on average reaches 2 -3 cases. The quality of their work is also maintained by taking into account the factors of suitability, neatness and completeness in accordance with existing SOPs and regulations. Based on the aspect of work behavior, it is known that the Prosecutor's Office at the Klaten District Attorney has worked with the orientation of providing excellent service to the community and is able to cooperate with colleagues, superiors, work units and other agencies. They also maintain integrity, work with discipline and are able to cooperate with colleagues, superiors, other work units and other agencies. (2) Efforts to control work stress in improving the performance of prosecutors at the Klaten District Attorney are by applying stress management which includes individual handling strategies, organizational handling strategies and social support strategies.
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Noer, Priandhika Abadi. "Prespective and Implementative of The Basis of The Single Prosecution System of The Prosecution of The Prosecution Bill." Jurnal Independent 1, no. 2 (March 18, 2021): 18. http://dx.doi.org/10.30736/ji.v9i01.133.
Full textAbstract:
Revision of Law no. 16 of 2004 concerning the Republic of Indonesia Attorney General's Office is a necessity because of the many changes that have occurred in the field. would replace Law no. 16 of 2004 is the right moment to encourage the Ago to do better. "Change is a necessity. Likewise in legislation, " ini this research concern about the duties and powers of the Prosecutor's Office in the draft law on the prosecutor's office. namely Guidelines on The Role of Prosecutors which serve as guidelines and inspire in the amendment of this Law, especially matters relating to independence in Prosecution, Accountability in Case Handling, Standards of Professionalism, and Protection for Prosecutors. If the Prosecution Bill becomes the new Prosecutor's Law, justice seekers will place the foundation of justice on the prosecutor, so that the prosecution process starting from investigation, investigation, prosecution and execution will optimally realize substantial truth and justice.
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Chekushkina, Ekaterina Olegovna. "Activity of the Prosecutor's Office of Khakass Autonomous Oblast in the 1960s (based on archival materials)." Genesis: исторические исследования, no. 12 (December 2021): 218–24. http://dx.doi.org/10.25136/2409-868x.2021.12.37092.
Full textAbstract:
Leaning on the archival materials, this article examines the work of the Prosecutor's Office of Khakass Autonomous Oblast in the 1960s, as well as highlights positive and negative aspects therein. The object of this research is the Soviet Prosecutor's Office. The subject is the activity of the Prosecutor's Office of Khakass Autonomous Oblast in the 1960s. Archival sources contain meeting protocols, briefing notes on the work of city and district prosecutor's offices of Khakass Autonomous Oblast, internal reports on the work of the prosecutor's office, etc. The article employs the historical-comparative method for studying the types of activity of district prosecutor’s offices of Khakass Autonomous Oblast and criminal situation in these districts; quantitative methods for tracing the amount of crime, percentage ratio, number of cases, etc.; systemic-functional method for consideration of tasks faced by the prosecutor's office. The main types of activity in the 1960’s indicate oversight activity, crime prevention, legal propaganda, monitoring the execution of the decrees of the Prosecutor General of the Soviet Union, participation of the prosecutors in court hearings, consideration and resolution of citizens’ complaints.