Ruban A. Administrative and legal principles of the state law-enforcement function implemented by the prosecutor's office

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003734

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

19-10-2018

Specialized Academic Board

К 26.503.01

Research Institute of Public Law

Essay

In the thesis, the administrative activity of the prosecutor's office as the basis for the implementation of the state law-enforcement function is characterized via forming a conceptual apparatus and identifying its features. The international legal standards for the implementation of the state law-enforcement function by the prosecutor's office are revealed. The genesis of normative and legal regulation of the implementation of the state law-enforcement function by the prosecutor's offices is considered. The areas, tasks and functions of the implementation of the state law-enforcement by the prosecutor's office are recognized. The administrative procedures of personnel work in the prosecutor's offices are characterized. The concept, features and procedure of adoption of administrative acts by the prosecutor's office in the implementation of the state law-enforcement are defined. The specificities of cooperation of the prosecutor's offices with other subjects of the state law enforcement are revealed. The information and legal support of the state law-enforcement performed by the prosecutor's office is analyzed. The issue of prevention of corruption offenses by the prosecutor's offices is described. The essence and significance of state functions are investigated; in addition, based on the analysis of a number of scientific perspectives, the expediency of classification of state functions into strategic and tactical ones is substantiated, due to social importance of state activity. The author claims that one of the main strategic functions of the state is law enforcement. It is argued that for the implementation of law-enforcement functions, administrative legal relations, based on the administrative activity of law-enforcement subjects, are the most characteristic. The subjective structure of ensuring the state law-enforcement function via the administrative activities of the prosecutor's office is emphasized. The author proved that the implementation of the law-enforcement is the main area of activities of the prosecutor's office, and includes administrative, investigative, criminal and procedural activities, pre-trial investigation, and support of the public prosecution in court. The author suggests an original classification of the administrative activities of the prosecutor's offices, including: prevention and counteraction of corruption; organizational and legal activity; advisory activities; informational and analytical activity; administrative and jurisdictional activity; activity aimed at cooperation with private and public law subjects to supervise the adherence with human and civil rights and freedoms in the activities of the relevant subjects, representation of the interests of a citizen or state in a court of administrative jurisdiction. A number of key normative acts of the Committee of Ministers and the Parliamentary Council of Europe, the Advisory Board of European Prosecutors concerning the activities of the prosecutor's office are analyzed as a basis for further development of functioning of the relevant domestic law-enforcement state authority. Four periods of the law-enforcement practice of the prosecutor's office of protecting human and civil rights and freedoms in our country are characterized Considering the system and functions of the prosecutor's offices, the author proposes to group them into: general ones, which include the tasks assigned to all prosecutors, as well as other officials who work in the prosecutor's offices; special or functional, which include separate tasks that the prosecutor is authorized to perform in the implementation of a particular function of the prosecutor's office; special, which includes the tasks of military prosecutors and the tasks of the Specialized Anti-Corruption Prosecutor's Office. Administrative procedures of personnel work in the prosecutor's offices are considered as a set of specified procedural actions of authorized staffs of the personnel service, which perform in accordance with the procedure provided by law to protect the rights and freedoms of the citizen and the state resulting in the adoption of the appropriate decision and/or the adoption of an administrative act. The approach to definition of the concept, characteristic features and classification of administrative acts of the prosecutor's offices is outlined; the specifics of the development and adoption of administrative acts by the prosecutor's offices directly in the course of their internal and external administrative activities are analyzed as the basis for the implementation of state law enforcement. It is determined that administrative acts of the prosecutor's office are official decisions, subordinate and mandatory for execution, adopted in compliance with the established administrative procedure, which are a form of internal and external administrative activities of the prosecutor's offices and aimed at solving issues related to the implementation the state law enforcement.

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