IMPROVING THE PROCEDURE FOR FORMING THE COMPOSITION OF THE QUALIFICATIONS AND DISCIPLINARY COMMISSION OF PUBLIC PROSECUTORS
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
The article is devoted to problematic issues of the current legislative mechanism of formation of the composition of the Qualifications and Disciplinary Commission of Public Prosecutors. The author notes that the creation in the domestic system of justice, based on examples of the so-called "Euromodel" of the prosecutor's councils, a new body for administering the prosecutor's office - the above-mentioned commission, is not a guarantee for meeting the requirements of European standards for ensuring the best balance between the independence, efficiency, transparency and accountability of prosecutors, and the prosecutor's office. The current state of scientific research on this issue requires that their focus be on the order of formation and personal qualities of members of the prosecutorial governance. From the solution of these issues, the ability of the new institutions to withstand both external and internal threats to the independence of prosecutors will depend first and foremost. According to the results of the study, proposals were made to amend the legislation concerning the creation of the majority of prosecutors as part of the Qualifications and Disciplinary Commission of Public Prosecutors; the procedure for the nomination and discussion of candidates for membership of the Commission, which should contain elements of a democratic election process; the exclusion of unreasonable legislative bans on certain categories of persons to be appointed to the Commission and the inclusion of such prohibitions that are really necessary; Settlement of the status of the assembly of prosecutors of the prosecutor’s office as a form of prosecutor's self-governance; the elimination of the political component in the appointment of members of the Commission under the quota of the Commissioner of the Verkhovna Rada of Ukraine on human rights through the approval of candidacies in the parliamentary profile committee and the introduction of a transparent procedure for appointment.
Authors and Affiliations
Сергій Костянтинович Костенко
Keywords
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