REGULATORY AND LEGAL SUPPORT OF LABOR DISCIPLINE IN THE PROSECUTOR’S OFFICE: THEORETICAL AND LEGAL ASPECT
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 6
Abstract
in this article, the key scientific and theoretical issues of the normative and legal provision of labor discipline in the prosecutor’s office are examined through the present prism. it was emphasized that in the context of systematic and complex reformation of law enforcement bodies, the reform of the prosecutor’s office, including the issue of optimizing the legal personality of the prosecutor, deserves special attention, due to the rethinking of its purpose, tasks, functions and powers as a component of democratic, social and legal vectors for the development of society and the state. A separate and key aspect of the relevant reforms is the increase of the efficiency of labor discipline in the prosecutor’s office, the proper legal and regulatory framework. The attention is focused on the actual problems of legal regulation. it is emphasized on some aspects of doctrinal understanding of labor discipline, its official-working essence. The essence, content of the normative-legal provision of labor discipline in the organs of the prosecutor’s office is indicated. The norms of the law of Ukraine «on Prosecutor’s office» (2014) concerning the regulations on labor discipline are analyzed. it is emphasized that the following are the main rights of the prosecutor: to participate in the prosecutor’s self-government to solve the issues of internal work of the prosecutor’s office; to be members of trade unions; to form community organizations; take part in public organizations in order to protect their rights and interests; raise your professional level, etc. The main duties of the prosecutor are: to take the oath; to improve their professional level and to increase their qualification for this purpose; to undergo training at the National Academy of Public Prosecutor of Ukraine; study the rules of the prosecutor’s ethics; strictly adhere to the oath of the prosecutor; to show respect for individuals while exercising their authority; not to disclose information that constitutes a secret protected by law; act only on the basis, within the limits and in the manner prescribed by the Constitution and laws of Ukraine; adhere to the rules of the prosecutor’s ethics, in particular to prevent behavior that discredits him as a representative of the prosecutor’s office and may harm the authority of the prosecutor’s office; annually undergo a secret verification of integrity, etc. Conclusions and suggestions for improvement of the law on the prosecutor’s office are made. it is noted that the main directions of improvement of normative-legal provision of labor (service-work) discipline in the prosecutor’s offices are as follows: 1) development and definition of the National strategy for the reform of the prosecutor’s office as a component of the fundamental implementation of democratic reforms and standards; 2) increasing publicity, transparency, motivation, accessibility in the activities of the prosecutor’s office; 3) definition of the constitutional principles of securing labor (service-work) discipline in the organs of the prosecutor’s office; 4) the development and introduction of systemic changes to the law of Ukraine «on the Prosecutor’s office» regarding the provision of labor (service and labor) discipline in the prosecutor’s office; 5) development and adoption of the National Code of Professional ethics and integrity of Prosecutors; 6) development and adoption of the latest Disciplinary status in the prosecutor’s office; 7) strengthening the positive motivation of the prosecutor’s office staff through increased efficiency and transparency of incentive measures; 8) improvement of the disciplinary liability of prosecutors; 9) introduction of national monitoring of compliance with the labor (service and labor) discipline in the prosecutor’s office; 10) improvement of supervision (control) regarding the provision of labor (service and labor) discipline in the prosecutor’s office.
Authors and Affiliations
Bogdan SEMENENKO
Keywords
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