Constitutional and legal basis of the organization and functioning of the prosecutor’s office: general provisions

Abstract

The scientific article is devoted to the study of the constitutional and legal foundations of the organization and functioning of the prosecutor’s office.
 It has been established that the determination of the constitutional and legal foundations of the organization and functioning of the prosecutor’s office is a cornerstone for establishing the essential features of the specified legal institution, the study of which is extremely important both for legal science and in a practical sense. Along with this, the specified problem is the subject of scientific discussions and has not gained its unequivocal vision among modern researchers. Today, scientists have different approaches to the issue of fundamental principles in this area, which is due to the development of science and law and social relations as a whole.
 It was determined that under the constitutional and legal principles of the organization and activity of the prosecutor’s office, as a rule, modern researchers understand the fundamental guiding requirements regarding the functional purpose of the prosecutor’s office, the construction of the system of its bodies and the specifics of its activities, which are reflected in the current legislation.
 It has been noted that the peculiarities of the constitutional and legal foundations of the organization and activities of the prosecutor’s office are that they: a) are closely related and interact with each other, and also constitute a single integrated system; b) have a multi-level character, where the foundation (base) is the general principles of law.
 It has been established that cross-industry principles are also considered important in determining the foundations of the organization and activities of the prosecutor’s office, among which the principle of competitive justice, transparency, equality of trial participants before the court, justified protection of the state’s interests in the judicial procedure, etc., occupy a key place.
 It was determined that reforming the institution of the prosecutor’s office in Ukraine requires compliance of the said legal institution with basic European values, which, in turn, provide for: the prosecutor’s office taking its place in the system of protection of human rights and freedoms, taking into account the human rights direction of the functions of the prosecutor’s office; the existence of a proper procedure for forming the staff of the prosecutor’s office; systematic improvement of legal knowledge, skills and abilities of prosecutors using the principle of continuous education; the need for effective prosecutorial self-government bodies; the need for prosecutors to strictly comply with the requirements of professional ethics; raising the level of legal awareness and legal culture of prosecutors.