Makhnitskyi O. Administrative and Legal Principles Regarding Observance of Human Rights in Activities of Public Prosecution Offices of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103296

Applicant for

Specialization

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

11-05-2021

Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"

Essay

The dissertation is devoted to the definition of administrative and legal bases of observance of human rights in activity of bodies of Office of Public Prosecutor of Ukraine, and also to formulate directions for improvement of the administrative legislation. The study presents a modern view of the understanding of the content of human rights as an object of legal protection by the prosecutor's office. The essence and system of administrative and legal protection of human rights by the prosecutor's office are clarified, and the importance of the prosecutor's office to protect human rights and freedoms, the general interests of society and the state is emphasized. It is emphasized that the administrative and legal protection of human rights by the prosecutor's office is one of the components of legal protection and is carried out with the help of administrative and legal tools (supervision, control, inspections, monitoring, instructions, etc.). It is emphasized that the distinctive feature of the administrative and legal protection of human rights by the prosecutor's office is that the latter is endowed with control and supervisory powers over the activities of law enforcement agencies by organizing a pre-trial investigation; supervising the application of coercive measures related to the restriction of personal freedom of citizens; conducting inspections, monitoring of court decisions and decisions of administrative bodies when applying measures of influence to children; making instructions and appealing against decisions in the case of administrative offenses; representation of the child's interests in the field of child protection in order to ensure their full life, comprehensive education and development. The state and prospects of development of normative-legal bases of protection of human rights by bodies of prosecutor's office are investigated. The concept and structure of the administrative and legal mechanism for the protection of human rights by the prosecutor's office have been clarified. The peculiarities of the administrative and legal status of the prosecutor’s office as a subject of administrative and legal protection of human rights are singled out and revealed. The content of legal instruments of administrative and legal protection of human rights by the prosecutor's office is revealed. The concept and content of public control over the activities of the prosecutor's office as a guarantee of human rights are formulated. Emphasis is placed on the procedure of judicial control over the activities of the prosecutor's office as a guarantee of respect for human rights. Scientific-theoretical conclusions and practical proposals aimed at improving the legislation, the norms of which regulate the activities of the prosecutor's office on human rights, are substantiated.

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