Political neutrality as an indicator of professional prosecution

A. Voitenko
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Abstract

The relevance of the topic is determined by the importance of the principle of political neutrality as a preventive factor of the prosecutor's professional activity, which is designed to protect him/her from external influence of any political force and emergence of personal illegal interests in the context of social cataclysms). The purpose of the article is to examine the professional activity of a prosecutor through understanding of its principles as indicative characteristics of professional skill and professionalism. To confirm this, the author chose functionalism as the main methodological approach, which gave him grounds to assert that the functions of activity determine professional skill (the prosecutor's profession), and the principles determine professionalism (the level of mastering this profession). The following methods were used as auxiliary methods: formal-logical (for a reasoned presentation of the research material), formal-dogmatic (for the analysis of current regulatory documents) and comparative legal (for comparing the analyzed material). The main results of the study show that the principle of political neutrality is a requirement in the field of professional activity of civil servants not only in Ukraine, but also in the European Union, integration with which is defined as the main vector of further development of our country. A distinction should be made between political neutrality and the synonymous concepts of political impartiality and independence, apoliticality and non-partisanship. At the same time, it is shown that political neutrality is one of the most important criteria in formulating requirements for professional selection, training, advanced training and professional activities of prosecutors. The practical value of the study is to warn prosecutors against political ignorance which may arise due to a misunderstanding of political neutrality. In order to avoid or overcome this negative aspect, the author proposes a number of factors for the prosecutor's professional excellence, which is described using a peculiar formula: the prosecutor's professional excellence can be viewed as the sum of political, media and information and environmental literacy divided by political neutrality.
政治中立作为职业起诉的一个指标
该专题的相关性取决于政治中立原则作为检察官专业活动的一项预防性因素的重要性,这一原则旨在保护他/她免受任何政治力量的外部影响以及在社会灾难背景下个人非法利益的出现。这篇文章的目的是通过理解作为专业技能和专业精神的指示性特征的原则来审查检察官的专业活动。为了证实这一点,作者选择了功能主义作为主要的方法论,这使他有理由断言,活动的功能决定了专业技能(检察官的职业),原则决定了专业精神(掌握该职业的水平)。以下方法被用作辅助方法:形式逻辑(用于研究材料的合理呈现),形式教条(用于分析当前的规范性文件)和比较法律(用于比较分析的材料)。研究的主要结果表明,政治中立原则不仅在乌克兰,而且在欧盟是公务员专业活动领域的要求,与欧盟的融合被定义为我国进一步发展的主要载体。应当区分政治中立与政治公正和独立、非政治性和无党派等同义概念。同时表明,政治中立性是制定检察官专业选拔、培训、高级培训和业务活动要求的最重要标准之一。该研究的实用价值在于,提醒检察官们警惕因对政治中立的误解而产生的政治无知。为了避免或克服这一消极方面,作者提出了检察官专业卓越的若干因素,并使用一种特殊的公式加以描述:检察官的专业卓越可被视为政治、媒介和信息以及环境知识的总和除以政治中立。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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