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Article Current Issues of Constitutional Reform and State Development at the Present Stage
Authors Tatsii V.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 7 / 2014
Pages 10 - 18
Annotation The article considers current issues of constitutional reform and state development at the present stage. One of the key provisions that should be displayed in the Fundamental Law of Ukraine to ensure unity in the society is called to upgrade of constitutional bases of functioning of law enforcement agencies that should be focused on normalization of the underlying conditions that have a conceptual meaning to ensure their effective functioning and fulfill their missions. It is proposed to consolidate at the constitutional level the position in which to provide that functions, the internal structure and the number of law enforcement agencies, the powers of their officials and officers are determined exclusively by the law. In particular, it will make impossible to solve mentioned issues at the level of bylaw regulations and, therefore, will help to reduce the opportunities of any abuse, legality in the activities of law enforcement and management of public resources for their maintenance and ensuring the appropriate conditions of their functioning. Also, special attention is given the prosecuting authorities of Ukraine. In the context of European integration processes the legal position of the Prosecutor’s Office of Ukraine should be determined taking into account the fact that the European model of the Prosecutor’s Office provides for the restriction of prosecutors functions predominantly with criminal prosecution on behalf of the State. It is proposed to provide in the Fundamental Law that the internal organization and activities of the Prosecutor’s Office, the status and powers of the prosecutor to carry out its functions, order of the appointment and dismissal, as well as questions of disciplinary responsibilities are defined by law.
Keywords state, Constitution of Ukraine, constitutional reform, law enforcement agencies, Prosecutor’s Office of Ukraine.
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