International standards of supervision of the prosecutor on compliance with legality in criminal proceedings

Abstract

It is indicated that one of the forms of implementation of procedural management by the prosecutor within the framework of criminal proceedings is the supervision of compliance with the law by the bodies and officials who carry out such proceedings, and during the trial the support of the state prosecution. Today, in the light of the events taking place in our country, the process of reforming the prosecutor’s office, as a body that supervises the observance of laws in criminal proceedings, is of great importance. In particular, in the context of European integration processes, national legislation needs to be brought closer to international standards, in terms of changing the scope of prosecutorial supervision. In the article, the author researched the international standards of the prosecutor’s supervision of legality in criminal proceedings. Based on the study of a number of scientific views regarding the definition of the concept of «international standards», it was established that international standards in the activities of prosecutor’s offices include the entire array of international legal acts that regulate issues in the specified area, as well as positive judicial practice, in particular the practice of the European Court of of human rights. International legal acts in the field of setting standards for prosecutor supervision over compliance with legality in criminal proceedings have been analyzed and summarized. They were divided into the following groups: international legal acts of general legal direction; specialized international acts. It was established that an important task is both the assimilation of the main international standards of the prosecutor’s supervision of legality in criminal proceedings, and the development of an effective mechanism for their implementation. It is emphasized that a significant number of international standards of the prosecutor’s activity are reflected in domestic legislation, but the need for further implementation into domestic legislation of the main provisions relating to the activities of the prosecutor in criminal proceedings does not lose its relevance.