Prosecutor’s refusal from the state prosecution as a form of realization of the free disposition principle
Journal Title: Часопис Київського університету права - Year 2018, Vol 1, Issue 1
Abstract
The article deals with the analysis of problematic issues arising in the course of the implementation of the prosecutor’s right to waive prosecution on behalf of the state. The grounds for such prosecutor’s waiver are considered. Both academic sources and provisions of the legislation in force settling the procedures of waiver of prosecution on behalf of the state are analyzed. Judicial and prosecutorial practice of this institute application in criminal proceedings as well as statistical data revealing procedural, organizational and morale issues arising in the course of implementation of procedural powers by prosecutors are examined. It is found out that the possibility of waiver of prosecution on behalf of the state depends on the will of the senior prosecutor, contrary to dispositive principles of prosecutor’s activity in criminal proceedings.
Authors and Affiliations
Kateryna Sliadnieva
Keywords
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