Features of the evolution of the legal status of the prosecutor in the Republic of Poland
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 1, Issue 1
Abstract
The main scientific approaches of determining the Prosecutor's Office’s place and role in the state mechanism of the Republic of Poland are researched. It has been established that nowadays scientific approaches of the place of Prosecutor's Office in the system of power coordinates in the Polish legal doctrine are differ from the earliest ones. At the same time, the Prosecutor's Office is subordinated to the Minister of Justice according to the new law. The Minister of Justice is entrusted with the functions of the Attorney General to provide the influence of the executive branch on the Prosecutor Office. It is said that the wish to weak the role of the Prosecutor's Office in the Polish politics has ultimately led to the fact that it was never able to normalize the Constitution of the Republic of Poland 1997. The specifics of this power institution’s evolution is explored. It was found that almost all discussions about the necessity of the Prosecutor's Office reforming in the Republic of Poland were reduced to the expediency of its constitutional regulation, determination of its duties and coordinates in the state mechanism. Moreover, in order to form further concepts of reforming the Prosecutor’s Office, Polish politicians tried to focus not only on foreign models of the organization and activities of the Prosecutor's Office, but on their own historical experience, national mentality and legal traditions, the political environment in which the reform of the Prosecutor's Office was provided. The levels of the Prosecutor's Office according to the applicable profile law were established. The main system connections are characterized. It is considered that the National Prosecutor's Office, which replaced the General Prosecutor’s Office, became the central link in the system. It will deal with the tasks of the Attorney General, and take part in coordination of activities related to the prosecution of the most serious crimes, such as terrorism, corruption, organized crime and fiscal, economic and financial crimes. Furthermore, attention is drawn to the fact of foundation of the Department of Internal Affairs in the Na-tional Prosecutor's Office, which will deal with crimes committed by judges, prosecutors and assessors. It is clarified that instead of appellate prosecutors would appear regional prosecutors. Their main task will be to prosecute the most serious financial and tax crimes. In addition, district prosecutors will conduct preparation proceedings in cases of serious criminal, financial and tax crimes. The requirements for the different levels employees of the Prosecutor's Office are found out. Moreover, attention is paid to the mechanisms of stimulation of young and capable workers and the possibility of returning experienced retired workers to the Prosecutor’s Office.
Authors and Affiliations
M. I. Marchuk
Keywords
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- EP ID EP460861
- DOI 10.31733/2078-3566-2018-1-54-60
- Views 114
- Downloads 0
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