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EvgenBEZKROVNY,

Lecturer of the Prosecutor's Training Department for the Organization of Work in the Prosecutor's Office of the National Academy of the Prosecutor's Office of Ukraine, Candidate of Law

THE FEATURES OF CONSIDERATION OF APPEALS OF PUBLIC PROSECUTORS AND OTHER PERSONS CONCERNING ACTIVITY OF PUBLIC PROSECUTORS BY THE AUTHORIZED ORGANS

According to the Law of Ukraine “On Prosecutor’s Office” of March 14, 2014 to the Counsel of Prosecutors of Ukraine and Assessment and Disciplinary Board of Prosecutors was assigned consideration of the marked-out category of references of both Prosecutors and other persons. The Law of Ukraine “On The Supreme Council of Justice” of 21 December, 2016 to some extent is concerning also references of Prosecutors relating appealing by them of disciplinary penalties and consideration of applications about incompatibility of their positions with activity or status.

In the same time by legislator it wasn’t provided and confirmed on the legal and regulatory level of mechanism of conducting checks according to the references of Prosecutors about threat to independence and improper execution of the Prosecutor, which holds the administrative position, of his official powers. In addition Article 77 of the Law of Ukraine “On Prosecutor’s Office” requires addition regarding providing the Assessment and Disciplinary Board of Prosecutors with powers concerning consideration of claims connected with respectability of candidates for the Prosecutor’s position, claims of candidates for the Prosecutor’s position to the decision of National Academy of Prosecution of Ukraine of rather unsuccessful passing of special preparation by them and appeal of refusal of the Prosecutor - General of Ukraine in his appointment on administrative position according to the recommendation of Council of Prosecutors of Ukraine.

Entry into force of the precepts of law regulating activities of the Assessment and Disciplinary Board of Prosecutors and implementation of powers of the Supreme Counsel of Justice in practice will give the chance to confute above the given point of view of such scientists or to agree with it.

The conducted research showed, that activity of the Counsel of Prosecutors of Ukraine for consideration of marked-out by the Law category of references is directed to the providing independence of Prosecutors and proper accomplishment of their professional obligations by them. The Assessment and Disciplinary Board of Prosecutors on the bases of powers concerning work with category of references resolves personnel disciplinary matters in the bodies of Prosecutor’s Office. In its turn, the Supreme Council of Justice direct in the sphere of activity of consideration of decisions of the Assessment and Disciplinary Board of Prosecutors appealed by Prosecutors concerning involvement of Prosecutors to disciplinary responsibility, on one side, is acting as the guarantor of independent activity of Prosecutor, on the other side, increases responsibility of Prosecutors concerning proper accomplishment of the obligations.

Key words: The Council of Prosecutors of Ukraine, The Assessment and Disciplinary Board of Prosecutors, the Supreme Council of Justice, referencers, Prosecutor, Judges, Law, ethics, independence, disciplinary responsibility.

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