scholarly journals International legal standards of organization and functioning of the prosecutor's office

2021 ◽  
Vol 66 ◽  
pp. 257-260
Author(s):  
Yu.D. Makosiy

The article considers the basic international legal standards of organization and functioning of the prosecutor’s office. It was determined that the prosecutor’s office, outside of criminal proceedings, began to play the role of ancillary appointments, while public authorities and local governments were given the right to go to court independently. It is noted that Ukraine is a party to the Statute and a member of the Council of Europe, and therefore has undertaken to recognize the principles of the rule of law and the exercise of human rights and fundamental freedoms (Article 3 of the Statute), is able and willing to fulfill such obligations 4 of the Statute). It is pointed out that the modernization of the constitutional and legal status of the prosecutor’s office is taking place in connection with the existence of a number of obligations of the Ukrainian state to the Council of Europe. Attention is drawn to the key acts of the international level, which relate to the organization and functioning of the prosecutor’s office, identified their main provisions in the context of the analysis. The expediency of optimal division of competence between the prosecutor (as an administrative agent of the executive or legislative power) and the judiciary is supported. It is pointed out that Europe is developing more and more, citizens are mobile, as a result of which different legal systems are inevitably affected, and therefore it is strategically important to achieve harmonization of criminal justice systems of Council of Europe members. Such harmonization is useful given the feasibility of maintaining the effectiveness of criminal justice systems in the light of the challenges of international organized crime. It is established that the reform of the constitutional and legal status of the prosecutor’s office in Ukraine in accordance with the commitments made to the Council of Europe should begin with a gradual solution of a set of issues of compliance of the Ukrainian prosecutor’s office with international standards. It is emphasized that in the Ukrainian state the prosecutor’s office occupies an important place in the system of public authorities, as its activities absorb two ambivalent components that implicitly complement each other - ensuring law and order.

Author(s):  
Evgeniy A. Ignatenko ◽  
Anzhelika I. Lyakhova ◽  
Elena F. Lukyanchikova ◽  
Irina V. Savelieva ◽  
Galina V. Starodubova

The objective of the research was to analyze some international standards for the safety of people who attend criminal justice from different approaches and perspectives of analysis. Based on a meaningful analysis of the provisions of international and regional regulatory legal acts, the document presents approaches to the formation of standards to ensure the safety of persons who contribute to criminal justice. Methodologically, the work applied the provisions of dialectics, general, special and particular scientific methods. In the course of the study, scientific-historical, formal-legal, formal-logical, systemic and comparative methods were also used. It is concluded that the system of security measures for people who cooperate with criminal justice has significant differences in the different national criminal justice systems, which complicates international relations and cooperation in this area and does not allow the international community to advise effectively and comprehensively, while continuously generating challenges and threats.


Author(s):  
Chrysanthi S. Leon ◽  
Corey S. Shdaimah

Expertise in multi-door criminal justice enables new forms of intervention within existing criminal justice systems. Expertise provides criminal justice personnel with the rationale and means to use their authority in order to carry out their existing roles for the purpose of doing (what they see as) good. In the first section, we outline theoretical frameworks derived from Gil Eyal’s sociology of expertise and Thomas Haskell’s evolution of moral sensibility. We use professional stakeholder interview data (N = 45) from our studies of three emerging and existing prostitution diversion programs as a case study to illustrate how criminal justice actors use what we define as primary, secondary, and tertiary expertise in multi-agency working groups. Actors make use of the tools at their disposal—in this case, the concept of trauma—to further personal and professional goals. As our case study demonstrates, professionals in specialized diversion programs recognize the inadequacy of criminal justice systems and believe that women who sell sex do so as a response to past harms and a lack of social, emotional, and material resources to cope with their trauma. Trauma shapes the kinds of interventions and expertise that are marshalled in response. Specialized programs create seepage that may reduce solely punitive responses and pave the way for better services. However empathetic, they do nothing to address the societal forces that are the root causes of harm and resultant trauma. This may have more to do with imagined capacities than with the objectively best approaches.


2021 ◽  
Vol 28 (1) ◽  
pp. 36-47
Author(s):  
Jacek Moskalewicz ◽  
Katarzyna Dąbrowska ◽  
Maria Dich Herold ◽  
Franca Baccaria ◽  
Sara Rolando ◽  
...  

2017 ◽  
Vol 64 (3) ◽  
pp. 191-208
Author(s):  
Mike Nellis

The term ‘digital justice’ has been used by the Scottish Government to delineate the potential of information and communication technology (ICT) in its civil, administrative and criminal justice systems. This paper concentrates on the latter area, outlining the content of the original 2014 digital justice strategy document and the subsequent Holyrood conferences used to promote it (Scottish Government, 2014). It notes gaps in the strategy, not least a failure to specify what human beings could and should be doing in digitized justice systems, and ambiguity about the endpoint of ‘full digitization’, which could be very threatening to existing forms of professional practice. It sets the policy debate in the broader context of increasing automation and the more critical literature on digitization, concluding with recommendations for a revised policy document, ideas which may be of interest outside Scotland.


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