Podkopaiev S. Theoretical and legal bases of modernization of the prosecutor's office in Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100849

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

01-04-2021

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The work is devoted to scientific research of theoretical and legal bases of modernization of prosecutor 's office in Ukraine. The system-structural, institutional-legal and functional-typological characteristics of the prosecutor's office as an object of modernization are given. The process of transformation and the state of the current national model of the prosecutor's office are highlighted, and its shortcomings are noted. The concept of modernization of the prosecutor’s office is formulated, the essence of this process is clarified, the criteria of the possibility of classifying the prosecutor’s office in Ukraine as modern, modernized are given: 1) coherence of the formed model of the prosecutor's office with objective public and state needs, and not only the needs and interests of certain social groups («elites») inside and outside the country, to wit supranational entities; 2) compliance of the regulatory framework of the organization and activities with the general principles and approaches formulated in international documents in the field of prosecutorial activity and the status of prosecutors («international standards»); 3) the real ability of the prosecutor's office as an institutional entity to practically solve (in accordance with the normatively defined competence) the tasks assigned to it and achieve the goal of its activity in the conditions of modern Ukrainian reality; 4) compliance between the existing volume of resource providing real requirements of prosecutor's office; 5) introduction of innovations and use of modern information and communication technologies in the daily activities of the prosecutor's office (prosecutors) and internal management processes; 6) existence of transparent and fair personnel procedures; 7) a higher level of efficiency and effectiveness, as well as public confidence in the prosecutor's office as a state institution compared to the previous state. Modernization of the prosecutor's office in Ukraine means a planned, purposeful and dynamic process of systemic and comprehensive changes due to the real need to increase the effectiveness and efficiency of the prosecutor's office, public confidence in it, which are carried out in accordance with modern conditions and requirements. The signs of the modernization process, its principles, stages are revealed and their content is revealed. The main directions of this process are indicated. Improving the organization of the prosecutor's office is considered comprehensively, in the unity of external (legal framework, personnel policy, resource provision) and internal aspects (optimization of the structure of bodies, implementation of modern management procedures in practice). At the same time, the existing inconsistency of the state personnel policy towards the prosecutor's office and the inadequate level of its resource provision have been proved. It is concluded that this jeopardizes the very institutional independence of the prosecution system and the procedural independence of prosecutors. Emphasis is placed on the prospects of scientific research of prosecutorial activity through the prism of not functional but activity approach, including such elements as: 1) purpose of activity, 2) task of activity, 3) means and methods of realization (powers of prosecutors), 4) result of activity. It is proposed to review the legally defined principles of the prosecutor's office in Ukraine, which create a presumption of dishonesty of prosecutors. The necessity of developing professiograms for establishing the professional suitability of persons for work in prosecutorial positions, taking into account the place of position in the hierarchy of prosecutorial positions in the system (body) and type (direction) of prosecutorial activity, is proved.

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