Pavlenko D. The Administrative Functions of the Prosecutor's Office of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0824U002766

Applicant for

Specialization

  • 081 - Право

30-08-2024

Specialized Academic Board

РСВР 111

National University of Life and Environmental Sciences of Ukraine

Essay

The dissertation researches the theoretical, methodological and historical background of the development and establishment of the prosecutor's office of Ukraine in the administrative and legal context, describes the administrative functions of the prosecutor's office of Ukraine and the ways of improving the composition of the administrative functions of the prosecutor's office of Ukraine. It was noted that neither legislation nor legal science has yet developed a single approach to understanding the content of the administrative-legal status. The prosecutor's office was considered as a body of state power that does not belong to any of the traditional branches of government and ensures the rule of law, unity and strengthening of legality, protection of human and citizen rights, as well as the protected interests of society and the state. It was established that the administrative-legal status of the Prosecutor's Office of Ukraine is primarily based on the unity and systematic powers of the prosecutor's office as subjects of power, as well as the presence of administrative legal personality of prosecutors as officials of the prosecutor's office. The current legislation was analyzed, in particular the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office» and some other regulations, based on which it was determined that the goals facing the prosecutor's office are most similar to the goals of the law enforcement system in general as a complex multifaceted institution. It was emphasized that the prosecutor's office underwent changes throughout its history and existed mainly as a supervisory body or a criminal prosecution and maintenance of the state prosecution body. The management in the prosecutor's office was studied. Based on the general understanding of administrative functions, the administrative functions of the prosecutor's office were defined in the most general form as the normatively determined type and measure of necessary, appropriate behavior. It was outlined that the mechanisms for the implementation of the mentioned law are determined by departmental orders of the Office of the Prosecutor General. It was determined that the administrative powers of the prosecutor's office and the prosecutor in general include the entire system of powers that are not directly related to the implementation of procedural functions and are aimed at ensuring the internal activities of the prosecutor's office system or the implementation of general management functions in the law enforcement system. It was indicated that the functions of the prosecutor's office should be based on the target guidelines of the state. The generally accepted division of the administrative functions of the prosecutor's office into general administrative, special, and supporting functions was supported. Additionally and alternatively, it was proposed to divide the administrative functions of the prosecutor's office of Ukraine into two main groups: 1) organizational and managerial functions; 2) functions that are personnel in nature. It was established that the administrative and legal means in the complex are one of the effective structural elements of the protective activity of the state bodies, aimed at the formation and development of social relations in various fields on a strong regulatory basis. It was indicated that the administrative-legal means of regulating the activities of the prosecutor's office should be understood as a set of universal administrative-legal phenomena: administrative-legal norms, law enforcement acts, administrative contracts, legal facts, subjective rights and obligations, participants in official legal relations, methods and techniques state management influence that ensures the effectiveness of prosecutorial functions. The contentiousness of the approach to determining the administrative and legal means of implementing the functions of the prosecutor's office. It was noted that the idea of reducing the number of prosecutors at the regulatory level is controversial, instead, it was proposed to determine the number of prosecutors in accordance with the real workload of prosecutors, for which the Prosecutor General should be given flexible powers to determine the quantitative composition of the prosecutor's office, considering scientifically based indicators of the workload per prosecutor. The narrow approach to the functional activity of the prosecutor's office exclusively as a supervisory body was noted as inexpedient. The international standards of organization and management in prosecutor's offices were studied. In general, the author advocates the opinion that the Prosecutor's Office of Ukraine acts as a special subject of administrative law. The problems of the administrative and legal status of the Prosecutor's Office of Ukraine in the conditions of its reform are studied.

Research papers

Курило В. І., Павленко Д. Ю. Розвиток і становлення прокуратури України як суб’єкта владних повноважень: історико-правовий аспект. Міжнародний науковий журнал «Інтернаука». Серія: «Юридичні науки». 2022. № 3 (49). С. 11–18.

Павленко Д. Ю. Поняття функціонального призначення та адміністративних функцій прокуратури України. Право і суспільство. 2023. № 6. С. 212–221.

Павленко Д. Ю. Проблеми адміністративно-правового статусу прокуратури України в умовах її реформування. Право та державне управління. 2023. № 4. С. 100–110.

Павленко Д. Ю. Правові основи та засоби забезпечення реалізації̈ адміністративних функцій прокуратури України. Юридичний науковий електронний журнал. 2023. № 12. С. 275–278.

Павленко Д. Ю. Напрямки подальшого інституційного удосконалення адміністративно-правових функцій прокуратури України. Міжнародний науковий журнал «Інтернаука». Серія: «Юридичні науки». 2023. № 12 (70). С. 22–32.

Pavlenko D. Foreign Experience in the Regulating of Administrative Legal Functions of the Prosecution Service. Visegrad Journal on Human Rights. Humenne. 2023. № 5. P. 66–74.

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