PECULIARITIES OF IMPLEMENTATION OF THE CONSTITUTIONAL FUNCTION OF THE SUPPORTING OF PUBLIC ACCUSATION BY THE PROSECUTOR IN UKRAINE
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 6
Abstract
The article is devoted to a theoretical study of the specifics of the implementation of the constitutional function of maintaining a public prosecution by a prosecutor in Ukraine. The correlation between the notions of “public charge” and “state charge” is analyzed, as well as the relation between the concepts of “criminal prosecution” and “maintenance of a public prosecution”. The issue of determining the moment from which the function of charge in pre-trial criminal proceedings originates is being investigated. it is substantiated that the publicity of the prosecution, supported by the prosecutor in court, consists in the fact that the prosecutor, the pre-trial investigation bodies, the investigator carry out the criminal proceedings independently, regardless of the position of individuals who may be affected, the applicant and the like.
Authors and Affiliations
Oleg TORYANYK
Keywords
Related Articles
- EP ID EP674002
- DOI -
- Views 69
- Downloads 0
SOME REFLECTIONS ON STATE MECHANISM OF WARRANTY AND PROTECTION OF HUMAN RIGHTS
The article focuses on the issue of the state mechanism for guaranteeing and protecting human rights. It is aimed at studying its legislative and institutional component. The focus is on the competence of public authorit...
CRIMINAL RESPONSIBILITY FOR ILLEGAL ABORTION IN LEGISLATION OF SOME STATES: COMPARATIVE AND LEGAL ANALYSIS
The article is devoted to issues of comparative and legal analysis of provisions of criminal law of some states in the context of illegal abortion. The international experience of regulation of issues of criminal respons...
LEGALITY AND FREEDOM - THE DETERMINANT ELEMENTS OF THE IMPLEMENTATION OF THE PRINCIPLE OF EQUALITY OF RIGHT
Legalityandequality of rights are twophenomenathat are successfullyinterwovenwiththeirimplementation in therule of law. The systemthataccentuatesthissuccessful tandem isthat of justice, which, if it acts in strict accord...
FEATURES OF JUDICIAL SELF-GOVERNMENT FUNCTIONING IN FOREIGN COUNTRIES
The article analyzes the foreign practice of judicial self-government bodies in the aspect of international and European standards. The experience of creation, functioning and reforming of the bodies of judicial self-gov...
PROBLEMS OF LEGAL REGULATION APPLICATION OF CONFISCATION OF PROPERTY IN THE CRIMINAL CODE OF UKRAINE
The article deals with issues related to the problem of establishing penal sanctions in the sanctions of this type of punishment as confiscation of property. In particular, the issue of the expediency of including this a...