The guarantee given by the Council of Prosecutors of Ukraine of the independence of prosecutor with his dismissal from an administrative position
Journal Title: Revista Institutului Național al Justiției - Year 2019, Vol 48, Issue 1
Abstract
In the context of the reform of the prosecutor's office of Ukraine, new challenges arise before the bodies of prosecutorial self-government and before the prosecutors to implement the latter principle of their independence. The main thing today is the legal regulation of the powers of the Council of Prosecutors of Ukraine to dismiss the prosecutor from an administrative position. In this article, the author carried out a scientific search for certain aspects of the determination in law of the grounds and procedure for providing recommendations by the Council of Prosecutors to dismiss a prosecutor from an administrative position as a guarantee of the independence of the prosecutor’s activities. In particular, the author identified the problematic aspects of the regulatory and legal consolidation of the outlined powers of the Prosecutors Council of Ukraine and the ambiguous interpretation of the norm of the Law due to inaccurate consolidation. As a result of this scientific study, the author came to the conclusion that, in accordance with Part 1 of Article 41 of the Law of Ukraine “On the Prosecutor’s Office”, the grounds for dismissing a prosecutor from an administrative position are to submit an application for early termination of powers in an administrative position on his own will; transfer to a position in another prosecutor's office; inadequate execution by the prosecutor, who occupies an administrative position, of the official duties established for the relevant administrative position. It also contains an instruction to grant the consent of the Council of Prosecutors of Ukraine to the relevant head of the prosecutor's office for such release.
Authors and Affiliations
Natalia Naulic, Oliga Maslova
Keywords
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