Features of Legal Status of the Head of the Prosecutor's Office under the Norms of the Updated Legislation

Abstract

The reform of the system of prosecuting authorities, that is currently under the influence of European integration processes, influences the legal status of heads, giving them more or less authority. The effectiveness of head's administrative activity in the performance of his powers depends not only on his organizational and professional abilities, but on a greater extent on what powers he is empowered also. The author analyzed the heads’ status of at all levels, systematized and classified their powers also.

The author points out that the proper legislative provision of legal status, together with an optimized administrative style, modern information and analytical support and social and material support, can lay the foundations on which the head’s activity can truly be recognized as effective in all respects.

In the article the author improved the definition of the head of the prosecutor's office, under which it is proposed to consider a prosecutor who is appointed to an administrative position in accordance with the procedure established by law and in accordance with official powers and duties, performs managerial functions, continuing to perform the functions of prosecutor, non-prosecutor for failure to perform or improperly perform administrative functions. The author improves the definition of the form of activity of the head of the prosecutor's office, under which it is proposed to consider normatively regulated permissible external manifestations of his activity within the limits given to him by the law in the process of exercising specific administrative functions.

Having analyzed the rules of the law on the prosecutor's office, the author proposes to classify the powers of the complex administrative and legal status of the head of the prosecutor's office according to the peculiarities of the activities performed, into: representative; organizational; administrative; disciplinary; affirmative; qualifying; analytical and rulemaking. According to individual classification characteristics, such a detailed division of powers makes it possible to more clearly set the limits of the competencies of heads of prosecutors' bodies, identify common and different competencies.

Among the fundamental principles of the functioning of the prosecuting authorities that influence the formation of the legal status of the head, it is proposed to distinguish subordination, centralization and combination of unity and collegiality.

In the study of the activities of the head of the prosecutor's office, it is pointed out that it is advisable to apply a narrowed approach to the interpretation of the division of his activities into internal organizational and external administrative. In particular, from the proposed classification of powers according to the peculiarities of the activity performed, the author proposes to consider representative powers as externally administrative, and organizational, administrative, disciplinary, affirmative, qualifying, analytical and rulemaking as internally administrative.