LEGAL BASIS FOR ORGANIZATION OF ACTIVITIES OF PROSECUTOR'S OFFICE BASED ON INTERNATIONAL STANDARDS
Keywords:
prosecution, international standards, prosecutorial independence, fair justice, criminal justice, human rights, rule of law, legal state, prosecutorial ethics, prosecutorial bodies.Abstract
This article analyzes the international standards governing prosecutorial activities and their
significance. It examines the standards developed by the International Association of Prosecutors
(IAP) and the United Nations Office on Drugs and Crime (UNODC), their principles, and
implementation mechanisms. The article explores issues of prosecutorial independence, fairness, and
impartiality, along with international experiences in strengthening prosecutorial systems. Particular
attention is given to legal guarantees in prosecutorial activities, accountability, interaction with the
judicial system and executive power, as well as international norms regulating the appointment,
professional development, and dismissal of prosecutors. The article provides practical
recommendations and proposals to align prosecutorial activities with international standards.
References
UNODC and IAP. Guide: The Status and Role of Prosecutors. 2014
James Hamilton. Speech at the 18th Annual Conference of the IAP: “The prosecutor and the rule
of law”. 2013.
International Association of Prosecutors. Standards of Professional Responsibility and Statement
of the Essential Duties and Rights of Prosecutors, term 3. 1999.
United Nation Office on Drugs and Сrime. United Nations Convention against Corruption: article
implementation guide and evaluative framework. 2015.
Prosecution Code. sect. 1. Department of Justice Hong Kong Special Administrative Region.
p. 6.; United States Attorney’s Manual, article 9-2.001. United Stated, Department of Justice.
Prosecution of Offences Act. Ireland, Office of the Attorney General. 1974, sect. 2(5) and 6. p.
Protocol between the Attorney General and the Prosecuting Departments. Attorney General’s
Office. 2009.
Council of Europe. Report on European standards as regard the independence of the judicial
system: part 2 – the Prosecution Service. 2010. p.8.
Opinion No.12. Consultive Council of European Judges and Opinion. 2009; Opinion No. 4.
Consultive Council of European Prosecutors on the relations between judges and prosecutors in a
democratic society. 2009
Democratic Alliance v. The Acting National Director of Public Prosecutions, Case No. 288/11.
ZASCA 15, 20 March 2012.
United Nations Office on Drugs and Crime. United Nations Convention against Corruption:
article 11 implementation guide and evaluative framework. para. 131.
Antonio Mura. Essential ethical standards for prosecutors: how to assure integrity. 2013.
Council Europe. Recommendation №19 on the role of public prosecution in the criminal justice
system, para, 10.2000.
Euro justice. Country report: Hungary, chapter 2.
Organization for Economic Co-operation and Development. Anti-corruption specialization of
prosecutors in selected European countries. 2011. – С.13-15.
Commission on crime prevention and criminal justice of UNODC. Report of the SecretaryGeneral on strengthening the rule of law through improved integrity and capacity of prosecution
services, para. 52. 2011. – С.114.
Human Rights Council of UNODC, Gabriela Knaul. Report of the Special Rapporteur on the
independence of judges and lawyers, para. 90. 2012. – С.20.
Commission on crime prevention and criminal justice of UNODC. Report of the SecretaryGeneral on strengthening the rule of law through improved integrity and capacity of prosecution
services. para. 53. 2011. – С.14.
Council Europe. Recommendation №19 on the role of public prosecution in the criminal justice
system, para, 7. 2000. – С.5.