On the concept and content of the prosecutor’s legal claims in the administrative delict aspect

Abstract

The article is devoted to the essence of the concept and content of the prosecutor’s legitimate demands in the administrative delict aspect. The author emphasizes that the prosecutor’s legitimate demands are an important guarantee of ensuring law and order in Ukraine. They contribute to the protection of human and civil rights and freedoms, and the interests of society and the State. However, referring to a specific provision, it is almost impossible to define the concept and nature of such requirements. It is stated that the legal requirements of the prosecutor relate to: maintaining public prosecution in court; representation of the interests of a citizen or the State in court; supervision over the observance of laws by the bodies conducting operational and investigative activities, inquiry, pre-trial investigation; supervision over the observance of laws in the execution of court decisions in criminal cases, as well as in the application of other coercive measures related to the restriction of personal freedom of citizens. It is proposed to understand a request as a certain appeal (letter, notification) drawn up in an arbitrary written form, submitted or sent by an authorized entity to the addressee. The peculiarities of the prosecutor’s legal claims include the following: 1) regulated by the provisions of various laws; 2) implemented by the prosecutor within various types of proceedings/procedures; 3) official in nature; 4) mostly made in writing; 5) binding in nature; 6) failure to comply entails liability for the subject (addressee); 7) issuing requirements beyond the scope of authority entails liability for the prosecutor as provided by law. The author concludes that the effective and professional exercise by a prosecutor of his/her powers, including the right to make legal demands, depends not only on his/her compliance with the rules of procedural law, but also on the quality of the rules themselves. The problem may be solved by directing further scientific research to amendments and additions to the current legislation with regard to specifying the essence of the prosecutor’s legal claims.