Babinska A. Staffing of the prosecutor’s office of Ukraine: administrative and legal aspects.

The dissertation presents a theoretical generalization and a new solution to the scientific problem of the study of the administrative and legal aspect of staffing of the General’s Office of Ukraine. Historical and legal principles of formation and development of the function of staffing of the prosecution bodies are characterized. The concept and content of the function of the staffing of the prosecution bodies are defined. Including the notion of «the function of staffing of prosecutor’s offices», which is proposed to be understood as assigned to different entities the authority to meet scientifically substantiated and practically confirmed needs for human resources to work in the prosecutor’s office to ensure proper performance of the prosecutor’s office, as a state which is entrusted with the protection of human rights and freedoms, the general interests of society and the state, their functions and tasks. The purpose, tasks and the content and peculiarities of the principles of staffing of the prosecution bodies were established. It is substantiated that the purpose of staffing of the prosecutor’s office is the effective performance of its functions, the achievement of which is possible only under the conditions of: a) continuous process of improvement of the professional level of the existing employees; b) the almost immediate organization of filling in the gaps in staffing; c) maintaining a positive image of the prosecutor’s office as a whole by reducing (and ideally, eliminating in general) cases of disciplinary offenses by prosecutors, corrupt practices of prosecutors and other similar phenomena. The existence of normative and procedural aspects concerning the tasks of the prosecutor’s office staffing which (tasks) are assigned (normative aspect) is substantiated: 1) staffing with the required number of prosecutors and other prosecutors’ staff (the gradual tendency of fixing the total number of prosecutors and staff members is established a gradual tendency to reduce their numbers; lack of a well-balanced approach to determining the maximum number of prosecutors in the Law of Ukraine about the Prosecutor’s Office, «which is manifested in overworked prosecutors»); 2) normative fixing, taking into account scientifically grounded provisions, certain criteria of «qualitative» characteristic of the candidate for the position of prosecutor (requirements to the candidates, for whom the most significant changes in the legislator’s approach to this issue are stated). The procedural aspect of the tasks is directly related to the implementation of actions by both the candidate for the prosecutor position and the subjects of personnel support. Characterization of quantitative and qualitative indicators of the personnel of the prosecution bodies is given. In particular, it has been established that the staff of the prosecutor’s office is a legal category, which means permanent (full-time) qualified composition of able-bodied persons who are appointed prosecutors, have special knowledge, professional training, work skills, experience in the field of law and ensure the implementation of their functions. The totality of the personnel of the Prosecutor’s Office bodies form their personnel composition. It is advisable to consider the staff composition of the prosecuting authorities in view of the totality of quantitative (indicators characterizing the numerical composition of prosecutors) and qualitative characteristics (indicators characterizing the structure of the personnel resource of prosecuting authorities).