FEATURES OF BRINGING PROSECUTORS TO ADMINISTRATIVE AND CRIMINAL LIABILITY

Abstract

The effectiveness and legality of the work of prosecutors are directly dependent on many factors, among which the leading place is occupied by the observance by each prosecutor not only of their official rights and duties, but also of the rules of prosecutorial ethics, which constitute the foundation of their professional activities. That is why prosecutors’ commission of administrative or criminal offenses is inextricably linked to their compliance with ethical norms of behavior. It plays a fundamental role in shaping public opinion and trust in prosecutorial bodies in society. Despite the rapid development of Ukraine as a state governed by the rule of law and the unmoving path to European standards, the issue of extra-procedural influence on prosecutors through the use of administrative or criminal proceedings mechanisms remains relevant today. This necessitates the need to improve the legislative procedure for implementing the guarantee of the independence of prosecutors during administrative or criminal proceedings. This scientific article describes the features of the administrative liability of prosecutors and the types of administrative sanctions applied in the event of being found guilty of committing administrative offenses, the focus is on the specifics of the legal consequences for prosecutors, provided for by a specialized law, in case prosecutors are held administratively liable. Also, the legal gaps in the current administrative legislation, which are inconsistent with the principle of independence and impartiality of prosecutorial bodies, are outlined, and specific legislative changes are proposed in order to improve the process of considering administrative proceedings against prosecutors in the context of their procedural status. In addition, this scientific article studies problematic issues of implementing the principle of independence of prosecutors that occur during criminal proceedings. It identifies key legislative conflicts that contribute to the possibility of pressure on prosecutors through criminal procedural procedures, it is proposed to amend procedural legislation, to consider the norms of procedural legislation that regulate the initiation of criminal proceedings against prosecutors, and to apply measures to ensure criminal proceedings to them.