ДОКУМЕНТИ ОРГАНІВ РАДИ ЄВРОПИ ЯК ОСНОВА РЕФОРМУВАННЯ ПРОКУРАТУРИ В УКРАЇНІ

Abstract

The article emphasizes that regardless of the type of model of the law enforcement system that operates in foreign countries, the prosecutor's office plays a special role in them. The purpose of the article is to establish which documents of the Council of Europe bodies have laid the normative and theoretical basis for the reform of the prosecutor's office in Ukraine in the context of European integration, and to determine the relevant provisions of these acts. Based on the content of the European convention, the scientific position is supported that the activity of the prosecutor's office is an effective means of legal protection in case of violation of human rights and fundamental freedoms. An analysis of such documents of the Council of Europe, as: Bordeaux Declaration of 18.11.2009; PACE Recommendations (№ 1604 (2003), № 1722 (2005), № 1755 (2010)); Recommendations of the Committee of Ministers of the Council of Europe to member states (№ 19 (2000), № 11 (2012)); PACE Conclusion № 190 (1995); Opinion of the Advisory Council of European Judges № 18 (2015); Council of Europe Action Plans for Ukraine. It has been established that the prosecutor's office is called upon to play a significant role in ensuring the security of society, the rule of law, human rights and freedoms. It was stated that the PACE pays considerable attention to the organization of the prosecutor's office in the context of the functioning of democratic institutions. Based on the analysis of the listed acts of the CoE bodies, it is concluded that general supervision as a function of the prosecutor's office contradicts European standards, as these bodies are empowered to implement it significantly in excess of those required in a democracy. At the same time, it was found that the relevant European experience is not unambiguous, the scientific position is supported that the supervision of compliance with the law in a democratic state does not violate its democratic character. It was stated that in various aspects of the organization and activity of the prosecutor’s office in the EU countries such a mandatory requirement as the independence of the prosecutor’s office from the legislative, executive and judicial authorities finds its expression.