Субординація в органах прокуратури України: правові та управлінські аспекти

Анотація

The article characterizes the subordination relations in the prosecution bodies of Ukraine. It is indicated that, given the specifics of the prosecution's functions, its representatives who perform these functions are, on the one hand, guaranteed operational autonomy and independence, and on the other hand, entrusted with managerial tasks of organizational and controlling nature in relation to formally non-subordinate entities. In this context, subordination in the prosecutor's office acquires specific features, and the main purpose of the article is to study these features.

The author analyzes the legislative regulation of administrative subordination of prosecutors, which has a limited scope. The author establishes that the hierarchy in the prosecution bodies, unlike the military subordination, does not provide for the full authority of the head over all subordinates, but is of a graduated nature, with the exception of the powers of the Prosecutor General.

The author examines the means of managerial influence in the prosecution system, in particular, such as orders and instructions, which partially coincide with the instruments of external legal influence used by prosecutors within the framework of their supervisory powers.

Particular attention is paid to the analysis of the legal requirements for the written form of prosecutor's acts of authority, violation of which in certain cases entails their nullity. The author examines the issue of prosecutors' class ranks, which, despite frequent legislative initiatives to restore them, have no practical significance for the subordination system and perform mainly representative and social functions. The author concludes that it is inexpedient to retain such an additional type of criminal punishment as deprivation of class rank in the system of criminal punishment.

The mechanisms of the public function of the prosecutor's office are examined through the prism of its subordination to the only source of state power in Ukraine - the people.