Strunevych O. History of prosecutorial activity in Ukraine: theoretical and legal analysis

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101504

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

20-04-2021

Specialized Academic Board

Д 08.727.04

The Dnipropetrovs’k State University of Internal Affairs

Essay

The specifics of the origin and development of the prosecutor's office in the countries of the world are studied. The main features of this legal period are described. Their content is revealed in turn. It is stated that the institute of the prosecutor's office is one that originated in ancient times, because there is information about the activities of persons endowed with functions close to the functions of modern prosecutors in ancient times. It follows that the current state of this institution is the result of many years of evolution, each of the stages of which made certain changes to the status of the prosecutor's office, which corresponded to the epochs of that time. The current institute of the prosecutor's office is a set of such historical features and aspects, developed taking into account the current challenges faced by prosecutors in the course of their official activities. Therefore, the analysis of the preconditions for the emergence of the prosecutor's office in different countries in our study will establish the prerequisites for the development of this institution in different countries, as well as determine the impact of historical, social, economic and legal factors in the evolution of the prosecutor's office. , which implements its functions to protect human rights and freedoms, the common interests of society and the state. It is noted that the prosecutors of the Roman Empire should not be equated with modern prosecutors, as their functions were related to the implementation of the orders of the emperors: in strict control of the population, land management and attorneys. In general, summarizing the above, we can conclude that the interests of the prosecutor have always been above the interests of man, and therefore the then position of prosecutor and the current position of prosecutor have virtually nothing in common. In the ancient world, there were institutions that in some respects resembled the modern institution of the prosecutor's office: whose activities were associated with the maintenance of public prosecution in court, protection of state interests, participation in court proceedings. However, such identifications are still quite conditional, because the institution of the prosecutor's office in the countries of the ancient world was not born as it currently exists in society, and not for such purposes. Persons close in function to modern prosecutors were assistants to state rulers, defenders of their interests and guardians of their property, exercised control over the population and collected taxes, were governors of provinces or lands, and performed a number of other functions in their interests. Only in ancient Greece there were positions that represented the prosecution and the defense in court, aimed at protecting human rights and freedoms, the general interests of society and the state.

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