The questions relating to politics and law at realization of the procedural status of the prosecutor in resolving the question of repealing the inviolability of people’s deputies.
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
This article is intended to investigation important questions relating to politics and law at realization of the procedural status of the prosecutor in resolving the question of repealing the inviolability of people’s deputies. The author shows the relationship between politics and law at realization of the procedural status of the prosecutor through the disclosure of the concept and essence of procedural compulsion of the prosecutor in cases of special proceedings. Under the above-mentioned concept, the author proposes to comprehend the totality of the measures provided for by the Criminal Procedure Code of Ukraine and the Code of Administrative Proceedings of Ukraine relating to its procedural competence and oblige the performance of legal duties of suspected officials when it comes to their involvement or direct participation in the commission of a criminal offense by the authorized bodies under procedural leadership of the prosecutor. In the article notes that the powers of the prosecutor acquire the realization of the mandatory interrelationship of such procedural actions that take into account the public-legal nature of the activity of people’s deputies as officials who are under the constitutional guarantee of the institution of their «inviolability». Measures of procedural coercion are within the competence of the prosecutor, since they allow legitimate influence on the behavior of the subject of law, given the limited procedural competence regarding people’s deputies who enjoy constitutional inviolability. The author has identified a breach in the law, which refers to the lack of a requirement for mandatory compilation of procedural acts – documents that fix certain results of prosecutor’s procedural activities. In the article concludes that the criminal trial against the people’s deputies of Ukraine is a specific construction and therefore the morphological model of the prosecutor’s application of the procedural competence consists of a complex of elements of the investigation according to the law reflecting the subject characteristics of criminal judicial proceedings.
Authors and Affiliations
Valerii Karpuntsov
Keywords
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