Foreign experience in the regulating of administrative legal functions of the prosecution service

Authors

  • Dmytro Pavlenko Post Graduate Student (081 «Law» PhD), Department of Administrative and Financial Law, Faculty of Law, National University of Life and Environmental Sciences of Ukraine, Ukraine https://orcid.org/0009-0008-8882-2231

DOI:

https://doi.org/10.61345/1339-7915.2023.5.9

Keywords:

prosecution, functions of the prosecution, powers of the prosecution, subject of power, law enforcement body

Abstract

The aim of the work is to summarize the international experience in regulating the administrative legal functions of the prosecutor’s office and identify which positive foreign experience Ukraine should utilize in the context of improving the legal regulation of the implementation of administrative functions by prosecutorial bodies. The methodological basis of the study consists of the comparative legal method, which was used in the study of international experience and the experience of foreign countries regarding the organization and functioning of the prosecutor’s office and its administrative functions. Additionally, the formal-legal method was employed to identify gaps and contradictions in relevant legal acts and formulate proposals for its improvement in the context of foreign country experience. The research is also underpinned by the dialectical method, applied to determine approaches to studying the improvement of the structure of administrative functions of the Prosecutor’s Office of Ukraine by considering the study of the composition of administrative functions of prosecutor’s offices in other countries. The abstract summarizes the foreign experience in regulating the administrative legal functions of the prosecution service. It explores international practices and their relevance to enhancing legal frameworks for prosecutorial bodies. The focus is on improving decision-making procedures, personnel processes, and accountability measures, drawing insights from various jurisdictions to inform potential reforms in Ukraine. The results of the research represent a generalization of positive foreign experience that Ukraine should leverage in the context of improving the legal regulation of the implementation of administrative functions by prosecutorial bodies in several directions. The conclusion emphasizes the importance of improvement of the procedure for adopting and implementing managerial decisions, improvement of personnel procedures in the activities of prosecutorial bodies in Ukraine, improvement of the procedure for holding employees of prosecutorial bodies accountable.

References

Melnyk, R.S. (2010). Administrative and Economic Law as a Structural Element of the Administrative Law System: Foreign Experience and National Specifics. Law and Security, 2(34), 55–59 [in Ukrainian].

Zaiika, O.V. (2018). One of the Paths to Modernizing Ukrainian Justice: International Experience Regarding the Legal Status of the Prosecutor’s Office. In Perspective Directions of Scientific Thought: Materials of the International Scientific-Practical Conference (Ternopil, April 18, 2018), Vol. 1, 117–120 [in Ukrainian].

Corporate Governance. (n.d.). PPS governance and accountability arrangements. Retrieved from https://www.ppsni.gov.uk/corporate-governance [in English].

Our legal state requires commitment and trust! (n.d.). Retrieved from https://www.generalbundesanwalt.de/DE/Home/home_№de.html [in German].

Bernaziuk, Y. (2020). International standards of prosecutor participation in judicial proceedings beyond criminal process. Judicial Power of Ukraine, June 11, 2020. 40–44. [in Ukrainian].

News from the Minister of Justice. (n.d.). Retrieved from http://www.justice.gouv.fr/le-garde-des-sceaux-10016/ [in French].

Yatsyk, T.P. & Ozvynchuk, O.V. (2018). Reforming the Institute of Criminal Prosecution in Ukraine: The Experience of the United States. Actual Problems of the Present (Theory and Practice), 3-4, 234–241. [in Ukrainian].

Prosecutor’s Office Law (2016). Retrieved from https://lexlege.pl/ustawa-z-dnia-28-stycznia-2016-r-prawo-o-prokuraturze/ [in Polish].

Constitution of the Republic of Poland (1997). Retrieved from https://www.sejm.gov.pl/prawo/konst/polski/kon1.htm [in Polish].

Naulik, N. (2015). The Prosecutor’s Office in the System of State Authorities of the Republic of Poland. Scientific Journal of the National Academy of Prosecutors of Ukraine, 4, 114–119 [in Ukrainian].

Banakh, S.V. (2020). International Standards of Organization and Management in Prosecution Authorities. Scientific Notes of the Central Ukrainian State Pedagogical University named after Volodymyr Vynnychenko. Series: Law, 8, 140–148 [in Ukrainian].

Tsyhanok, S. (2019). Independence of the Prosecutor’s Office: Experience of Poland. Entrepreneurship, Economy, and Law, 6, 343–346 [in Ukrainian].

Ministry of Foreign Affairs of Israel: Official Website. Law and Order. Attorney General’s Office. Retrieved from https://mfa.gov.il/MFARUS/AboutIsrael/State/Pages/StateLawPolice.aspx [in English & Hebrew].

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Published

2023-12-29