| (2019) 3 Visn. Nac. akad. prokur. Ukr. 50–64 | |
| https://doi.org/10.34285/visnyknapu2019.03.050 | |
| Title of the article | Tasks of Professional Ethics of Prosecutors |
| Author(s) | VALERII KRAVCHUK PhD in Law, deputy head, department of prosecutors training on the organization of work in prosecuting authorities and teaching professional ethics, Special Training Institute, National Prosecution Academy of Ukraine, Kyiv, Ukraine, valerwin@ukr.net |
| Short title of the journal (ISSN) |
Visn. Nac. akad. prokur. Ukr. |
| Year | 2019 |
| Issue | 3 |
| Pages | [50–64] |
| Language | Ukrainian |
| Abstract | The activities of prosecution authorities are an important component of the functioning of the criminal justice system. It is the prosecutors who are entrusted with the function of guiding the pre-trial investigation and deciding on the further transfer of criminal proceedings to the court with an indictment, and maintaining the public prosecution in court. Also, the prosecutor may appeal the relevant court decisions on appeal or cassation. In other types of legal proceedings and legal activities, the prosecutor can also take an active part, realizing the functions of the prosecutors’ office. In this regard, the society pays increased attention to the work of prosecutors, requires additional responsibility and correct behavior from them. Indeed, the transparency of the activities of prosecutors, their fairness and impartiality is the key to the development of Ukraine as a democratic rule of law. The purpose of the article is to analyze the benefits gained from the application of the rules of prosecutorial ethics in prosecutors’ activities and the risks arising from their compliance; the interpretation of the Code of Professional Ethics tasks and the conduct of prosecutors, which they must be guided both in the performance of their official duties and outside the service. In order to achieve this goal, various scientific approaches to defining professional ethics objectives, international standards in this field, the provisions of the Code of Professional Ethics and the Conduct of Prosecutors, as well as disciplinary and judicial practice have been elaborated. The article examines the content and tasks of professional ethics in prosecutors. Attention is paid to the effectiveness of regulatory regulation of relations of prosecutors with participants in the judicial proceedings, with officials and officials of public authorities, with citizens, taking into account the rules of professional ethics and behavior. The modern understanding of the tasks of professional ethics, in particular in the activity of prosecutors, is analyzed, which is connected with the problem of the clarity and uniqueness of the formulation of separate rules of professional ethics and their practical application. According to the results of the study, the author formulated a number of conclusions and suggestions, in particular about the need to reach a proper balance between the excessive detailing of certain rules of prosecutorial ethics and the abstract presentation of some provisions of this document. The key functions of prosecutors’ professional ethics (information-cognitive; organizational-regulatory; stabilization-regulatory; value-oriented) are highlighted. It is proposed to consider the authority of the prosecution bodies and the citizens trust in them as the main purpose of observing professional ethics in prosecutors’ activities. |
| Keywords | tasks of professional ethics; rules of ethics; standards of behavior; authority of the prosecutor’s office; moral standards. |
| References | REFERENCES List of legal documents Legislation 1. Kodeks profesiinoi etyky ta povedinky prokuroriv [The Code of Ethics and Conduct for Prosecutors], zatverdzhenyi rishenniam Vseukrainskoi konferentsii prokuroriv vid 27 kvitnia 2017 roku (zi zminamy, zatverdzhenymy Vseukrainskoiu konferentsiieiu prokuroriv 21 hrudnia 2018 roku). URL: (accessed: 15.04.2019) (in Ukrainian). Cases 2. Chetvertyi raund otsiniuvannia zapobihannia koruptsii sered narodnykh deputativ, suddiv ta prokuroriv [Fourth Round of Assessment of People’s Deputies, Judges and Prosecutors]: zvit za rezultatamy otsinky Ukrainy, ukhvalenyi na 76-mu plenarnomu zasidanni Hrupy derzhav proty koruptsii [report on the results of the evaluation of Ukraine, adopted at the 76th plenary meeting Group of States against Corruption] 19–23 chervnia 2017 roku GrecoEval4Rep(2016)9-P3. URL: (accessed: 15.04.2019) (in Ukrainian). Bibliography Authored books 3. Bralatan V, Hutsalenko L, Zdyrko N, Profesiina etyka: navch. posib. [Professional Ethics: teach. manual] (Tsentr uchbovoi literatury 2011) 9–10 (in Ukrainian). Edited books 4. Loshytskyi M (ed), Zakon Ukrainy “Pro prokuraturu”: naukovo-praktychnyi komentar [The Law of Ukraine “On the Prosecutor’s Office”: scientific and practical comment] (Profesional 2018) (in Ukrainian). Dissertations 5. Kolomiiets O, ‘Ideia spravedlyvosti yak instrument sotsialnoi polityky: sotsialno-filosofskyi analiz’ [‘The Idea of Justness as a Tool for Social Policy: a Socio-Philosophical Analysis’] (avtoref dys kand filosof nauk, Cherkaskyi navchalnyi tsentr Odeskoi natsionalnoi yurydychnoi akademii, Ministerstvo osvity i nauky Ukrainy 2003) 9–10 (in Ukrainian). Conference papers 6. Byrkovych T, ‘Moral i yurydychna (profesiina) etyka’ [‘Moral and Legal (Professional) Ethics’] Profesiina etyka sudovoho protsesu: kruhlyi stil [Professional Ethics of the Trial: round table] (Natsionalna akademiia prokuratury Ukrainy 2018) (in Ukrainian). 7. Netska L, ‘Etyka sudovoho protsesu dlia profesiinykh uchasnykiv: vid mynuloho do suchasnoho’ [‘Trial Ethics for Professional Participants: Past to Contemporary’] Profesiina etyka sudovoho protsesu: kruhlyi stil [Professional Ethics of the Trial: round table] (Natsionalna akademiia prokuratury Ukrainy 2018) (in Ukrainian). Journal articles 8. Tolochko O, Podkopaiev S, ‘Kodeks profesiinoi povedinky (etyky) prokurora: problemy pryiniattia ta vprovadzhennia’ [‘The Code of Professional Conduct (Ethics): Issues of Adoption and Implementation’] (2006) 4 Visnyk prokuratury 59 (in Ukrainian). Websites 9. ‘Opinion No 3 of the Consultative Council of European Judges (CCJE) to the Attention of the Committee of Ministers of the Council of Europe on the Principles and Rules Governing Judge’s Professional Conduct, in Particular Ethics, Incompatible Behaviour and Impartiality’ (Strasbourg November 19, 2002) URL: accessed 15 April 2019 (in English). 10. Report on Judicial Independence and Impartiality in the Council of Europe Member States in 2017, prepared by the Bureau of the Consultative Council of European Judges Following the Proposal of the Secretary General of the Council of Europe URL: accessed 15 April 2019 (in English). 11. Komentari do Banhalorskykh pryntsypiv povedinky suddiv (veresen 2007 r.) [Comments on the Bangalore Principles of Judicial Conduct (September 2007)] (Upravlinnia OON z narkotykiv ta zlochynnosti) 97 URL: accessed 15 April 2019 (in Ukrainian). |
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