THE LEGAL STATUS OF THE SPECIALIZED ANTI-CORRUPTION PROSECUTOR’S OFFICE OF UKRAINE: NOTION AND ELEMENTS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
In the article the scientists’ different views concerning the legal status and its structural elements of the public prosecutor’s offices are analysed. It is stressed that by the notion of “legal status” one should understand the complex of legislatively adopted and guaranteed by the state rights, freedoms, duties and responsibilities which define the legal position of an individual or a legal entity. It is stressed that the main structural elements of the legal status of the prosecutor’s office are: 1) the place of the prosecutor’s office in the system of sharing the power, state mechanism and its component part – state apparatus; 2) interrelations and relationships of the prosecutor’s office with other power structures; 3) the tasks of the prosecutor’s office; 4) the principles of formation and activities of the prosecutor’s office; 5) the functions of the prosecutor’s office; 6) cognizance (complex of the powers) of the prosecutor’s office (the rights and duties of the of the prosecutors); 7) the legal position of the authorities of the prosecutor’s office, the order of their appointment and dismissal; 8) the system of legal and social guarantees of the prosecutor’s activities. It is defined that the Specialized anti-corruption prosecutor’s office of Ukraine is an independent structural unit of the General Prosecutor’s Office of Ukraine which is responsible for: supervising compliance with laws while conducting operative and search activities of the pre-trial investigation by the National anti-corruption bureau of Ukraine; supporting state prosecution in relevant proceedings; representing the interests of a citizen or the state in court in the cases provided by law and concerning the corrupt offenses or those connected with corruption. The author has found out the definition of “the legal status of the Specialized anti-corruption prosecutor’s office of Ukraine” by which one understands the system of legislatively adopted principles and norms which define the legal bases of formation and activities of the Specialized anti-corruption prosecutor’s office of Ukraine and define it in relations with the society and the state. The basic elements of the legal status of the Specialized anti-corruption prosecutor’s office are the following: the rights and duties (powers); the functions and bases (principles) of activities; organizational foundations and responsibility.
Authors and Affiliations
С. Л. Савранчук
Keywords
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