Poplavska A. Peculiarities of maintaining a public accusation by the prosecutor in cases of criminal offenses committed in the field of official activity and professional activity related to the provision of public services

The dissertation is one of the first comprehensive scientific studies in Ukraine of the problems of maintaining a public accusation in court regarding criminal offenses in the field of official activity and professional activity related to the provision of public services. Based on the study of the scientific positions of jurists, the concept of indictment as a procedural function of the prosecutor's office is characterized, and the problem of distinguishing between state and public indictment is outlined. On the basis of the analysis of the definitions and internal content of the concepts of state and public prosecution, the necessity of making changes to the current legislation of Ukraine has been confirmed. The place of maintaining the accusation in the system of criminal procedural functions is characterized, it is theoretically substantiated that the accusation itself is primary for the initiation of legal proceedings, as it precedes all other functions, including the functions of defense. The source of the accusation, as well as the moment from which it becomes public, is analyzed. The status of the prosecutor during the maintenance of a public accusation in court is determined, the content and essence of his activity are characterized. The concept of subsidiary prosecution is outlined, on the basis of which the main problematic issues of the victim's implementation of the function of maintaining the prosecution in court are highlighted. Based on the study of the scientific positions of jurists, the general characteristics of crimes in the field of official activity and professional activity related to the provision of public services are specified, the distinction between crimes in the field of official activity and professional activity related to the provision of public services and corruption offenses is outlined. The features of the prosecutor's speech at each stage of the speech in criminal proceedings in the field of official activity and professional activity related to the provision of public services are characterized. Attention is focused on the analysis and evaluation of evidence as the central and most important part of the public prosecutor's speech. Specific features of sentencing for crimes in the field of official activity and professional activity related to the provision of public services are highlighted, as a guide when expressing the prosecutor's proposal in court debates regarding the type and degree of punishment for the accused.