QUESTION DISTINCTION BETWEEN «CONTROL» AND «SUPERVISION» OVER THE STATE PENAL SERVICE OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
Administrative reform in Ukraine, the construction in accordance with the Constitution of Ukraine democratic, social, rule of law, the establishment and provision of human and civil rights cause is a prerequisite for the implementation of state and non-state institutions monitor the activities of public authorities, in particular, the activities of the State Penitentiary Service Ukraine. Scientists have been made many attempts to find common and different for control and supervision, to determine their value. In the article the concept of control and supervision of the State Penitentiary Service of Ukraine. It analyzes the work of scientists who have highlighted signs dividing control of supervision. This article was made special emphasis on this sign dividing control of a supervisory intervention subject to control operations of the controlled entity. The article concluded that the interference in operational activities can not be considered a sign of dividing control of supervision, as prosecutors have the right to issue mandatory guidelines that set appropriate requirements, proof of this is Article 8 of the Law of Ukraine «On Prosecution» in which states that the written instructions of the prosecutor concerning observance of established legal procedure and conditions of detention of persons in places of detention, pretrial detention facilities where prisoners serving sentences, as well as written instructions of the prosecutor, given to other bodies carrying out judicial decisions in criminal cases and cases of administrative offenses are mandatory and immediate execution.
Authors and Affiliations
М. М. Сикал, О. Г. Ткаченко
Keywords
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