Olshanetskyi I. Constitutional and Legal Fundamentals of Juvenile Prosecution Institute in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U001289

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

18-04-2019

Specialized Academic Board

Д 26.867.01

Essay

Thesis is dedicated to investigation of legal institute of juvenile prosecution in Ukraine, validation of legal phenomenon of juvenile prosecution institute under the conditions of constitutional reform, in particular system of justice and neighboring legal institutes, constitutional and legal nature of this institute.Definition of «juvenile prosecution institute» was formed, according to which it is a special single structure in system of prosecution authorities, which according to the Constitution and laws of Ukraine, exercises supervisory, prosecutorial and representative function in the name of state, with the purpose of protection of rights, liberties and interests of minors, who got into difficulty with the law.It is argued scientifically, that prosecution activities, as a body of state authority are focused on enforcement of constitutional law in the area of protection of constitutional right and liberties of a child, as well protection of rights of minor in the conditions of realization of procedure with regard to him.It is concluded, that juvenile prosecution institute goes through a process of establishment and formation. This process is observed at the regulatory level and in institutional constituent. Reasonably, that juvenile prosecution institute has to be formed systematically, and also integrating to the entire system of juvenile justice to the maximum taking into account its functions and tasks. As only entire system of juvenile justice, restorative justice regarding minors will permit to create the most positive environment for children, to protect their constitutional rights and liberties.It appears that constitutional frameworks of procedural activities of juvenile prosecution are formalized in provisions of the Constitution of Ukraine, international acts, ratified by the Supreme Council of Ukraine, standards of Criminal Procedural Code of Ukraine, Code of Civil Procedure of Ukraine, Criminal Executive Code of Ukraine, Economic Procedure Code of Ukraine, Code of Administrative Legal Proceedings of Ukraine, Acts of Ukraine «About Judicial System» and «About Prosecution» etc.Set of legislative proposals was developed concerning improvement of current legislation in the area of juvenile justice and its making consistent with provisions of fundamental law of Ukraine and requirements of international directive documents. It is suggested to amend an Act of Ukraine «About Prosecution», Criminal Procedural Code of Ukraine, Act of Ukraine «About Probation», Act of Ukraine «About State Criminal Executive Service of Ukraine» etc.

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