INTERNATIONAL STANDARDS OF PROSECUTORS’ DISCIPLINARY LIABILITY

Abstract

Purpose. The article aims to reveal the content of international documents in the field of prosecutorialactivity and the status of prosecutors (international standards) regarding disciplinary responsibility, as well asthe state of their implementation in national legislation.Methods. The methodological basis of the research is general scientific and special legal methods, inparticular dialectical, comparative legal, comparative analysis, theoretical generalization.Results. The content of international documents in the field of prosecutorial activity and the statusof prosecutors (international standards) regarding the disciplinary responsibility of prosecutors has beenrevealed. The state of their implementation into national legislation is analyzed. Formulated conclusionsaimed at improving the legislation regulating the disciplinary responsibility of prosecutors in Ukraine. Conclusions. International standards establish general requirements for the disciplinary procedure,the subject authorized to decide the issue of bringing prosecutors to disciplinary responsibility, the groundsfor disciplinary responsibility of prosecutors, regarding the differentiation of disciplinary penalties, etc.Some of them were implemented in national legislation, in particular, the definition in law of the grounds forbringing prosecutors to disciplinary responsibility, the possibility of reviewing decisions made as a resultof disciplinary proceedings by an independent body, giving the prosecutor the right to defend his position indisciplinary proceedings, etc. At the same time, the question of clarifying the systematic violation of the rulesof prosecutorial ethics, provision of clearer wording of disciplinary offenses that relate to the behaviorof prosecutors and their compliance with ethical norms, expansion of the list of available disciplinary sanctions,formation of the composition of the disciplinary body in most of the acting prosecutors still need to be resolved.