Legal requirements of the prosecutor: foreign experience of legislative consolidation

Abstract

The article examines the foreign experience of legislative consolidation of the prosecutor's legitimate requirements and identifies the prospects for its adoption in Ukraine. It is emphasized that the legal requirements of the prosecutor are aimed at protecting the rights and freedoms of citizens, and their failure to fulfill them entails liability under Ukrainian law. It is emphasized that the adoption of an effective model of prosecutorial activity can be implemented by Ukraine and will contribute to the unification of legislation for Ukraine's accession to the EU as a member state. The author summarizes that: a) the legislation on prosecution, as well as the name and system of such bodies, may differ significantly, but the essence of the principles and tasks of the prosecution is unified in accordance with EU policy; b) the absence of requirements defined in the relevant legislation on prosecution does not mean their automatic absence in the legislation. Relevant legal requirements and other tools of prosecutorial response are specified and supplemented in national legislation, depending on the tasks and functions of the prosecution service in a particular state; c) the most appropriate for Ukraine to adopt as a basis is the positive experience of post-Soviet states that have demonstrated successful implementation of democratic reforms (primarily the Baltic states - Latvia, Lithuania, Estonia); d) at the national level, it is advisable to specify and enshrine in a separate article the requirements which may be made by the prosecutor within the framework of exercising his/ her powers. The author concludes that specifying the legal requirements of the prosecutor in the Law of Ukraine "On the Prosecutor's Office” from 14.10.2014 may in the future contribute to improving the efficiency of pre-trial investigation, eliminating the possibility of abuse by prosecutors and better protecting the rights of persons to whom the relevant requirements are addressed.