QUESTION DISTINCTION BETWEEN «CONTROL» AND «SUPERVISION» OVER THE STATE PENAL SERVICE OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
Administrative reform in Ukraine, the construction in accordance with the Constitution of Ukraine democratic, social, rule of law, the establishment and provision of human and civil rights cause is a prerequisite for the implementation of state and non-state institutions monitor the activities of public authorities, in particular, the activities of the State Penitentiary Service Ukraine. Scientists have been made many attempts to find common and different for control and supervision, to determine their value. In the article the concept of control and supervision of the State Penitentiary Service of Ukraine. It analyzes the work of scientists who have highlighted signs dividing control of supervision. This article was made special emphasis on this sign dividing control of a supervisory intervention subject to control operations of the controlled entity. The article concluded that the interference in operational activities can not be considered a sign of dividing control of supervision, as prosecutors have the right to issue mandatory guidelines that set appropriate requirements, proof of this is Article 8 of the Law of Ukraine «On Prosecution» in which states that the written instructions of the prosecutor concerning observance of established legal procedure and conditions of detention of persons in places of detention, pretrial detention facilities where prisoners serving sentences, as well as written instructions of the prosecutor, given to other bodies carrying out judicial decisions in criminal cases and cases of administrative offenses are mandatory and immediate execution.
Authors and Affiliations
М. М. Сикал, О. Г. Ткаченко
Keywords
Related Articles
- EP ID EP471217
- DOI -
- Views 96
- Downloads 0
OBJECTIVE SIGNS AND SYSTEMATIZATION OF CRIMES AGAINST PEACE, HUMAN SECURITY AND INTERNATIONALLAWANDORDER
The article is devoted to the study of problems related to the definition of the object and the systematization of crimes against peace, human security and international law and order. The proper understanding of the sys...
PROBLEMS OF THE CORRELATION BETWEEN THE «APPEAL» AND ITS «PUBLICITY» AND THEIR PLACE IN THE SYSTEM OF OBJECTIVE ATTRIBUTES OF THE CRIME
The article highlights the problematic theoretical and practical issues of understanding public appeals as a through criminal legal term. The author, using methods of analysis and synthesis, made a correlation between th...
FEATURES OF LEGAL REGULATION OF LEGISLATION OF UKRAINE TO PROTECT THE RIGHTS OF FOREIGNERS AND STATELESS PERSONS
This article is devoted to analysis of legislation of Ukraine to protect the rights of foreigners and stateless persons. Thus foreigners recognized as citizens permanently or temporarily residing or staying in Ukraine be...
CONSTITUTIONAL AND LEGAL MECHANISMS OF IMPLEMENTING STRATEGIC ACTS PARLIAMENT OF UKRAINE: THE DISADVANTAGES AND AREAS OF IMPROVEMENT
The article investigates the constitutional and legal mechanism for implementing the policy of the Verkhovna Rada of Ukraine. Determined implementation of strategic concepts acts of Parliament and justified belief that t...
THE ACTIVITY OF UKRAINIAN DEPUTIES OF THE AUSTRIAN PARLIAMENT IN THE PROCESS OF CREATING UKRAINIAN UNIVERSITY IN LVIV
The article analyzes the activities of Ukrainian deputies of the Austrian Parliament in the process of creating Ukrainian university. November 19, 1901 deputy of the Austrian parliament J. Romanchuk for the first time ma...