THE ROLE OF THE PROSECUTOR’S OFFICE IN THE SYSTEM OF STATE POWER

Аннотация

INTRODUCTION historical development, socio-economic In every state’s legal system, the prosecutor’s complexity, and distinctive characteristics of the office, or a structure performing its functions, is statehood and legal systems of various countries. shaped by the state’s and society’s traditions of statehood and legal culture, mentality, socio- The prosecutorial system is characteristic of nearly economic conditions, demography, geography, and all developed countries. Beyond its most general other specific features. There is no universal function of participation in criminal justice approach globally to defining the status, powers, (representing the state in prosecution, ensuring and functions of the prosecutor’s office. The investigations), the prosecutor’s office also serves position of the prosecutor’s office within the state as a mechanism for ensuring the rule of law and system is determined by these factors and is restraining the executive branch. Despite their subject to continuous improvement. Legal differences, countries such as Germany, France, the literature and the laws of foreign countries reflect United States, the United Kingdom, Japan, and a variety of scientific and theoretical perspectives China maintain prosecutorial bodies that perform on the place of prosecutorial bodies in the system functions ranging from administering justice to of state power and governance. These perspectives overseeing the implementation of laws. demonstrate diversity, which is rooted in the The prosecutor’s office holds a special place in https://www.theamericanjournals.com/index.php/tajpslc 42 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 nearly all advanced legal systems as an initiate criminal cases, conduct investigations, and independent body with broad powers aimed at supervise judicial police. checks, balances, and oversight. Unlike other state Both foreign and domestic scholars have studied bodies, it engages in extensive cooperation with the role of the prosecutor’s office in the system of both judicial and executive authorities. It is also state power. Specifically, E. L. Nikitin and N. V. Kulik worth noting that many scholars argue that the identify the following types of prosecutorial prosecutor’s office should be “integrated” into the systems based on their functional essence: state system and operate in a manner that ensures the positive development of society and the state 1. Prosecution within the executive branch: The within the framework of cultural, economic, and prosecutor’s office operates as part of the executive legal evolution. The role of the prosecutor’s office branch and serves to fulfill its tasks (e.g., the United in the system of state institutions is primarily States, Poland, Japan). In these systems, the main determined by the essence of its functions. function of the prosecutor’s office is the implementation of criminal prosecution. Scholars propose two main approaches to determining the models of prosecutorial bodies. 2. Prosecution subordinate to the legislative One group of scholars classifies prosecutorial branch: The prosecutor’s office is accountable to models based on their role in modern legal the parliament and serves to ensure legality. systems, while another group categorizes them 3. Prosecution integrated within the judiciary: The according to their place in the system of state prosecutor’s office is organized within the judicial power. system and facilitates the administration of justice Researchers T. Reshetnikova and M. Frolova (e.g., the Netherlands, Spain, Italy, France). analyzed the classification of prosecutorial models 4. Independent prosecution: The prosecutor’s from the perspective of their role in modern legal office operates independently of the legislative, systems. According to their findings, in countries executive, and judicial branches, working to with the Anglo-American model of prosecution, strengthen legality (e.g., former Soviet states, prosecutorial bodies historically emerged as legal China). departments of the government. In England and its 5. Nonexistent or delegated prosecution: The former colonies, the development of the legal functions of the prosecutor’s office are performed system and public relations necessitated the by other bodies, and a distinct prosecutorial creation of a professional apparatus of public institution is not established (e.g., Australia, prosecutors, typically implemented in the form of Jamaica, the United Kingdom). the office of the Director of Public Prosecutions. Ensuring prosecution in court, including advising A. Mezhetsky, considering the peculiarities, state bodies and protecting the fiscal interests of functions, powers, significance, and normative the treasury in civil disputes, has historically been regulation of prosecutorial bodies, classifies them one of the specific functions of public legal activity. into four groups: In the Romano-Germanic legal system