Prosecutorʼs supervision of detection and investigation of drug crimes: International standards and best practices

Abstract

The rapid spread of drug addiction makes it necessary to step up counteraction to drug crimes (while the police strictly observe human rights), which is possible only if the prosecutorʼs supervision is effective, which determines the relevance of the study of its problems. The purpose of the study is to characterise the state of legal regulation and practical implementation of prosecutorʼs supervision over operational and investigative counteraction and pre-trial investigation of criminal offences in the field of drug trafficking in terms of compliance with international law, and also to formulate recommendations for borrowing positive practices of other countries in terms of such supervision. Using systematic and structural, comparative legal, and logical legal methods, a number of acts of international law and legislation of Ukraine and other states are comprehensively investigated. It is proved that the content of international standards of prosecutorʼs supervision over the detection and investigation of drug crimes is made up of separate provisions available in various sources of international law, recommendations are developed on the activities of national prosecutorʼs offices in the field of countering crime in general and the activities of state bodies on criminal law, special criminological, operational and investigative, and criminal procedural counteraction to drug-related crimes. The use of these methods and materials helped to determine that Ukraine complies with the standards under study (even at a higher level than some member states of the European Union), in particular, regarding the independence of the prosecutorʼs office from the executive and judicial authorities, the concentration of basic functions in the field of criminal justice, ensuring effective supervision of pre-trial investigations in the form of procedural guidance. However, in Ukraine, it is advisable to continue working on: introducing the specialisation of prosecutors in supervision of the detection and pre-trial investigation of drug crimes and the development of methods for countering drug crimes by law enforcement agencies; expanding the discretionary powers of the prosecutor and ensuring real independence and independence of their use; ensuring supervision of the policeʼs compliance with the rule of law during the initiative detection of drug crimes. The results of the study can be used to improve the legislation of Ukraine and the practice of its application