Some aspects of realization of principle of legality are at adjusting of legal relationships in the field of salary of public prosecutors

Abstract

The article analyzes some aspects of the implementation of the principle of legality in the regulation of legal relations in the field of salaries of prosecutors. In particular, it is noted that the current Constitution entrusts the prosecutor's office with a number of socially important functions, the implementation of which will depend on the level of law and order. These constitutional requirements, as well as the provisions of international "soft law" in fact oblige the state to take appropriate measures to ensure the necessary conditions for the service of prosecutors. It is primarily a question of salary, term of office, as well as pension provision, which must be established by a separate law.
 Regarding the organization and activities of the Prosecutor's Office in Ukraine, the basic law is the Law of Ukraine "On the Prosecutor's Office", which defines the legal basis for the organization and activities of the Prosecutor's Office of Ukraine, the status of prosecutors, Such legal regulation is aimed at ensuring a single status of prosecutors, which is a determining condition for ensuring the unity of the prosecutor's office. At the same time, the organization and activity of the Prosecutor's Office of Ukraine and the status of prosecutors must be established by normative legal acts at a level not lower than the law. Based on this, a preliminary conclusion is made that the organization and activities of the Prosecutor's Office of Ukraine, as well as the status of prosecutors cannot be established by by-laws.
 Based on the above, it is generally concluded that the principle of legality as one of the leading principles of the rule of law involves the correct application of both individual provisions of law and law as a whole, with unconditional consideration of the rule of law. Violation of the imperatively established provisions of the law can be carried out by their gross repeal, amendment or suspension by issuing bylaws, even with reference to the financial and economic situation, which in fact acts as a reference to expediency.