Makosii Y. The role of the prosecutor's office in the mechanism of human rights protection: European experience and Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100623

Applicant for

Specialization

  • 081 - Право

06-09-2023

Specialized Academic Board

ДФ 61.051.061

Uzhhorod National University State Higher Educational Institution

Essay

The dissertation research provides a theoretical generalization and presents a new scientifically based solution to the problem of determining the role of the prosecutor's office in the mechanism of human rights protection in Ukraine and foreign countries. The author's definition of the term "institutional dimension of the human rights mechanism" is formulated, under which it is proposed to understand a set of state-power and non-state institutions, which, in accordance with the provisions of current legislation and norms of international law, are called to perform tasks and functions to ensure the implementation and protection of constitutional human rights and freedoms and citizen According to the results of the study of the question of determining the role of the prosecutor's office in the mechanism of human rights protection in accordance with the provisions of the legal acts of European countries (Italy, France, Austria, Poland, Hungary, the Slovak Republic), it was established that the functional purpose and specifics of the exercise of powers by the prosecutor's office in foreign countries may differ depending on: features of the criminal justice system; relations of the prosecutor's office with other state authorities (primarily executive and judicial), police services; specifics and antiquity of the implementation of the specified legal institution; regarding the execution of court decisions. It has been established that the modernization of the constitutional and legal status of the prosecutor's office in Ukraine, the optimization of its model, will contribute to strengthening the fight against crime not only within the Ukrainian state, but also at the international level. It was determined that the main areas of implementation of the optimal model of the prosecutor's office in the context of the proper implementation of the prosecutor's office's functional purpose in the field of human rights protection include the following: performing functions in the field of human rights protection with a focus on society and taking into account the principles of humanism and people-centeredness; complex approaches to the formation of personnel of prosecutor's offices in accordance with the principles of effective personnel selection - competence, integrity, professional ethics; optimal distribution and normalization of the workload of prosecutors, establishment of a "sufficient" number of prosecutors for the effective exercise of powers in accordance with the prescriptions of legal norms; adequate level of material and financial support and social protection of prosecutors; multidisciplinary coordination of activities with other state authorities, which provides for effective, fair, impartial, independent and objective performance of the functional assignment in accordance with the prescriptions of current legislation, as well as compliance with the principle of respect for human rights, their equality, as well as the principle of prohibition of discrimination based on those or other signs of individual constitutional and legal status of a person, etc.; coordinated activity of all levels of the prosecutor's office for a single common goal - the implementation of legally defined functions for the purpose of protecting human rights, general interests of society, the state; ensuring the quality of activities of self-governing bodies of prosecutors, establishing the appropriate level of their budget funding; work with the legal consciousness and legal culture of a person, which involves the formation of a positive image of the prosecutor and the prosecutor's office in general by means of legal education and training in the legal culture of all strata of the population; increasing public trust in prosecutor's offices by conducting open and transparent activities by prosecutors, ensuring free access of citizens to information regarding such activities; ensuring full communication with scientific institutions, experts in the field of protection of constitutional human rights and fundamental freedoms; determination of qualitatively new approaches in the activity of juvenile prosecutors in the field of childhood protection, based on a child-friendly attitude; increasing the number and improving the quality of prosecutorial inspections in places of detention to detect violations of human rights (torture, restriction of personal space, failure to provide medical care, illegal detention in such places, ill-treatment, humiliation, violation of terms of detention); methodical and tactical improvement of supervision in the field of criminal enforcement activity; adoption of a separate document "Procedure for evaluating the activities of prosecutors" in order to ensure the effectiveness of the exercise of powers by the prosecutor's office; fight against bureaucracy and corruption.

Research papers

1. Макосій Ю.Д. Міжнародно-правові стандарти організації та функціонування прокуратури. Науковий вісник Ужгородського національного університету. Серія. Право. 2021. Вип. 66. С. 257-260.

2. Makosii Y. Constitutional and legal approaches to determining the place of prosecutor’s office in the system of public authorities. Науковий вісник Ужгородського національного університету. Серія. Право. 2022. Вип. 71. С. 95-98.

3. Макосій Ю.Д. Місце прокуратури в інституційному вимірі захисту конституційних прав та свобод людини і громадянина. Електронне наукове видання «Аналітично-порівняльне правознавство». 2022. №2. С. 312-317.

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