独联体国家检察机关在国家权力体系中的地位和作用

Е.Т. Abeuov, S. S. Serikbayeva, А.О. Shakenov
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引用次数: 0

摘要

这项研究的目的是查明俄罗斯联邦、阿塞拜疆、亚美尼亚、白俄罗斯、吉尔吉斯斯坦、摩尔多瓦、塔吉克斯坦、乌兹别克斯坦、乌克兰、土库曼斯坦和哈萨克斯坦共和国检察当局法律地位的特点和检察当局活动的组织;考虑其进一步发展和改善的前景;进行客观的分析。研究这些国家和哈萨克斯坦共和国检察机关的宪法地位在历史上和现阶段都具有重要意义,因为这些国家具有共同的目标和任务,并且在其发展和行动过程中具有共同的历史根源。各国的特点和现阶段的特殊地位,对这个机构的组织和活动作出了一定的调整。在这方面,从科学和实际的角度,对哈萨克斯坦共和国检察机关在独联体国家中的宪法地位的形成和发展,对其在国家权力体系中的地位和作用的界定,进行一般和具体的分析,可以有效地利用在相互合作的条件下起诉、解决复杂问题和打击犯罪的经验。在这种情况下,特别重要的是分析与确保一些英联邦国家检察官办公室的组织和活动的最重要执法机构的宪法和法律地位有关的问题,即法治、统一和加强法治。虽然其必要性可以用更新检察官办公室活动的过程来解释,但引入民主原则和标准的尝试导致新主权国家的立法者确定检察当局在国家法律制度中的作用,并确定其在国家法律机构中的实际地位。笔者的结论通过对国内外检察机关在侦查问题领域立法的比较,形成了检察机关新立法设计方案的完善方向。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The place and role of the proseution authorities in the system of state power in the CIS countries
The purpose of the research is to identify the features of the legal status of the prosecution authorities and the organization of the activities of the prosecution authorities in the republics of the Russian Federation, Azerbaijan, Armenia, Belarus, Kyrgyzstan, Moldova, Tajikistan, Uzbekistan, Ukraine, Turkmenistan and Kazakhstan; to consider the prospects for their further development and improvement; to conduct an objective analysis. The study of the constitutional status of the prosecution authorities of these states and the Republic of Kazakhstan is significant both in historical terms and at the present stage, as these states are broughttogether with the common goals and tasks and they possess mutual historical roots which were carried out in the process of their development and acions. The peculiarity of each state and the special position at the present stage make certain adjustments to the organization and activities of this body. In this regard, from a scientific and practical point of view, a general and specific analysis of the formation and development of the constitutional status of the prosecutor's office of the Republic of Kazakhstan with the CIS countries, the definition of its place and role in the system of state power make it possible to effectively use the experience of accusations insolution of complicated issues and the fight against crime in conditions of mutual cooperation. In this case, the particular importance is based on the analysis of problems related to the constitutional and legal status of the most significant law enforcement agencies that ensure the organization and activities of the prosecutor's office in some Commonwealth countries, i.e. the rule of law, unity and strengthening of the rule of law. While its necessity is explained by the process of updating the activities of the prosecutor's office, attempts to introduce democratic principles and standards lead the legislators of new sovereign countries to determine the role of the prosecution authorities in national legal systems and fix their real place among state-legal institutions. Authors' conclusions form directions for the improvement of de- signed project of the new legislation of the prosecutor's office by comparing domestic and foreign legislation in the field of investigated issues.
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