PECULIARITIES OF THE PROSECUTOR’S ACTIVITY IN THE ADMINISTRATIVE PROCESS

Abstract

The relevance of the article is that the prosecutor is an important figure in the protection of human rights and freedoms, as well as the interests of the state. The prosecutor’s participation in the administrative process is also very important, especially in resolving the case on the merits, as it is aimed at fulfilling the main tasks of administrative proceedings ensuring fair, impartial and timely resolution of disputes in the field of public relations in order to effectively protect rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of power. However, the exercise of the prosecutor’s powers in the administrative process has a number of features that distinguish it from other types of judicial jurisdiction. And on the basis of the analysis of the norms of the Law of Ukraine “On the Prosecutor’s Office” and the Code of Administrative Procedure of Ukraine in general, we can talk about the uncertainty of the administrative and legal activities of the prosecutor in the administrative process. The purpose of the article is to highlight and analyze the main features of the prosecutor in the administrative process. To achieve this goal, the article analyzes the norms of special legislation on the activities of the prosecutor, the Code of Administrative Procedure, judicial practice and scientific achievements of scientists. Based on the analysis of the norms of special legislation on the prosecutor’s activity, the Code of Administrative Procedure, judicial practice and scientific achievements of scientists, the article highlights the main features of the prosecutor’s activity in the administrative process and distinguishes it from other types of judicial jurisdiction. It is emphasized that the legislative level clearly provides for cases that allow the involvement of a prosecutor in the administrative process. It is concluded that the prosecutor in administrative proceedings is an additional guarantee of protection of the interests of the state, and his activities are aimed at providing additional protection of the state and its interests from encroachment by individuals or legal entities. Also, the activity of the prosecutor in the administrative process has a number of very important and significant features that distinguish the activity of the prosecutor in the criminal process.