乌克兰检察官办公室在确保保障法官的独立性和司法机关的权威方面的作用

Vasyl Khmyz, R. Skrynkovskyy, Tetiana Protsiuk, M. Khmyz, P. Harasym, Andriy Pryveda, S. Yesimov, M. Mykytiuk
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引用次数: 0

摘要

该条揭示了乌克兰检察官办公室在这一进程中的作用,目的是确保法官的独立性和司法机构的权威。对乌克兰立法框架的研究表明,在确保法官独立性和司法权威的过程中,检察官办公室的作用受到乌克兰宪法、乌克兰《检察官办公室法》、乌克兰《司法制度和法官地位法》、乌克兰《检察官职业道德和行为准则》、乌克兰《刑事诉讼法》、《乌克兰刑法》以及其他规范性文件。调查发现,法官在执行司法方面的专业活动时,不受各种非法影响、压力或干涉的影响。乌克兰的立法确定,法官的独立性原则表明,法官没有义务就未决案件的性质和内容作出解释,但法律规定的案件除外。国家当局、地方自治机构、这些机构的官员和官员、个人和法人实体以及这些人的社团应尊重法官的独立性,在任何情况下都不应侵犯法官的独立性。经确定,检察机关的专业活动所依据的原则之一是尊重法官独立性的原则。事实证明,高级司法理事会始终坚持无条件确保法官独立性的立场,并将这一方向确定为执法机构,特别是检察官办公室的优先活动类型。对与法官的专业活动有关的罪行进行快速和高质量的调查,首先将有助于遵守关于诉诸司法原则的宪法法律。委员会指出,在这方面进一步研究的前景是研究司法机构在进行专业活动时遵守法治和法制原则的法律基础。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY
The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.
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