International Legal Standards of Prosecutorial Activity and Status of Prosecutors: Implementation in Ukraine and in Individual Member States of the European Union
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Abstract
The relevance of the subject under study lies in the fact that today Ukraine is striving for integration with the European community. Since the adaptation of Ukrainian legislation to European regulations is an integral part of this accession, it is necessary to improve international cooperation, improve the regulatory framework that will comply with European principles and standards, and introduce new methods based on the positive practices of foreign countries. Such measures will help increase the effectiveness of prosecutors' implementation of procedural guidance during pre-trial investigation and judicial review of criminal proceedings, ensure the effectiveness of punishments, and reduce the crime rate. In this regard, this paper is aimed at determining the current state of implementation of international standards of prosecutorial activity in the national legislation of Ukraine. The leading methods of research of the chosen problem are theoretical, namely analysis, synthesis, generalisation, modelling; empirical – observation, study, and generalisation of the state of implementation of international standards in Ukrainian legislation. The paper analyses compliance with the international principles of prosecutorial activity by such countries as France, Germany, Spain, defines the specific features of their guarantee, and considers national practice. Based on the identified data, particular recommendations have been developed aimed at improving the role of international standards in prosecutorial activities, since the prosecutor is a key figure in criminal prosecution. The results of this study are the coverage of the importance of international standards of prosecutor's activity and the status of prosecutors, highlighting examples of their positive implementation in the legal systems of Ukraine and foreign countries, identifying the state of bringing Ukrainian legislation to the legislation of the European Union, as well as the development of recommendations that will help improve the current situation with the introduction of international standards and reduce the overall crime rate in Ukraine, thereby ensuring the protection of constitutional rights, freedoms, legitimate interests of the population. Having analysed the specific features of implementing international standards of prosecutor's activity and the status of prosecutors, their role, and importance, it can be concluded that the current situation in Ukraine requires considerable improvement of the legislative framework that governs the activities of the prosecutor's office. To improve the efficiency and effectiveness of the prosecutors' work, it is necessary to modernise the specialised legislation, incorporating the best foreign practices
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