Independence as a key principle of prosecution activities: general principles of implementation

Abstract

The scientific article is devoted to the study of the general principles of implementation of the principle of independence of the prosecutor’s office.
 It is noted that, as of today, the prosecutor’s office occupies a prominent place in the system of state authorities, since, in accordance with the current legislation, it is entrusted with a number of important powers regarding the maintenance of public accusations, participation in pre-trial investigations, representation of the interests of the state and citizens in court proceedings, etc. Based on the above, the issue of researching the principle of independence of the prosecutor’s office takes on special importance, since the quality of the prosecutor’s office’s performance of its functions depends on the proper implementation of this principle.
 It has been established that the principle of independence of the prosecutor’s office is an important basis for the organization and functioning of the prosecutor’s office in any state, and its implementation is largely closely related to the application of other principles of the activity of the said legal institution. The independence of the prosecutor’s office takes place where the prosecutor can exercise his powers without fear or favor, without being subjected to undue pressure from state authorities and local self-government, their officials and officials, individual politicians, mass media, and other subjects. Public trust in the prosecutor and the prosecutor’s office as a whole, which ultimately depends on the public’s confidence in the prosecutor’s office’s observance of the principle of the rule of law, is of great importance in this context.
 It has been determined that the independence of the prosecutor’s office can be considered in two aspects - as the independence of the prosecutor’s office from other state authorities (institutional independence) and as the independence of each individual prosecutor (individual independence).
 In summary, even if the prosecutor’s office as an institution is independent, the prosecutor’s office may still be organized according to a hierarchy, which provides that an individual prosecutor may be subject to the instructions of another prosecutor. There are legal systems where the prosecutor’s office is modeled after the judiciary and is even a part of it. There is a third option, according to which the prosecutor’s office is part of the executive branch of government and is under its accountability. All this should be taken into account when studying the principle of independence of the prosecutor’s office.