ПОНЯТТЯ ТА ОСНОВНІ СКЛАДОВІ ЕЛЕМЕНТИ АДМІНІСТРАТИВНО-ПРАВОВОГО СТАТУСУ ПРОКУРОРА В УКРАЇНІ

Abstract

The article considers the issue of defining the administrative and legal status. The concepts and elements of the legal status of the prosecutor are defined. The structure of the administrative and legal status of a prosecutor is detailed through the prism of its division into three structural elements, in particular: general, which is determined by the position of a prosecutor of a certain level; special, includes tasks and functions of realization of managerial powers; individual, it includes forms and methods of implementing the relevant functions, which are determined by law. It is determined that the level of administrative and legal status of the prosecutor should be considered as regulated by law the scope of powers, rights, duties, guarantees and responsibilities inherent in the corresponding types of positions in the prosecutor's office. The study outlines the principles on which the prosecutor's activity is based, namely the fundamental ones: rule of law, legality, political impartiality, inadmissibility of combinations during service in the prosecutor's office, priority of human and civil rights and freedoms, etc. As a result of the research, the elements of the administrative and legal status of the prosecutor include: normative legal acts that regulate the activities of the prosecutor; a certain procedure for appointment; powers of the prosecutor as a set of rights and responsibilities governed by administrative law; performance guarantees; the procedure and grounds for prosecution; procedure and grounds for dismissal.