Legislative Regulation of Interaction Between the Prosecutorʼs Office and Local Self-Government Bodies in the CIS Member States

The legal regulation of interaction between the prosecutor’s office and local self-government in the legislation of the post-Soviet states is distinguished by certain specifics. However, most countries strive to fix a certain minimum of types of activities within which cooperation with municipal authorities is carried out, which in general indicates not only a qualitative increase in the level of mutual relations between these entities, but also an improvement in the capabilities of the prosecutorial system to influence the state of legality in municipal formation. Within the framework of this article, using general scientific methods (comparison, analysis and synthesis) and private scientific methods (formal legal method and method of interpretation of legal norms), certain provisions defining the formation of models of interaction between the prosecutor’s office and local governments in the CIS countries are considered. Among the designated models of interaction, the following are highlighted: 1) a model characterized by the establishment of the main types of interaction between the prosecutor’s office and local government bodies in the absence of a special rule on their interaction (Russia, Belarus, Uzbekistan, and Tajikistan); 2) a model characterized by the presence of a special rule on the interaction between the prosecutor’s office and local government bodies while specifying individual areas of their interaction (Kazakhstan, Kyrgyzstan, Turkmenistan); 3) a model characterized by the absence of legislative regulation of the interaction between the prosecutor’s office and local government bodies (Azerbaijan, Armenia, Moldova). The researcher proposed to implement into national legislation the approach to interaction with local self-government bodies, reflected in the Model Law of the CIS member states “On the Prosecutor’s Office”, in terms of consolidating interaction with public authorities, local self-government bodies, other bodies and organizations to ensure human rights and freedoms and the citizen as an independent principle of organization and activity and function of the prosecutor’s office.

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Publication Details

Journal
Journal of Foreign Legislation and Comparative Law
Published
2025-01-01
DOI
https://doi.org/10.61205/s199132220033876-9
Primary Topic
European and International Law Studies
Type
article
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article

Legislative Regulation of Interaction Between the Prosecutorʼs Office and Local Self-Government Bodies in the CIS Member States

Aleksey Nadin
Journal of Foreign Legislation and Comparative Law
European and International Law Studies
article

Legislative Regulation of Interaction Between the Prosecutorʼs Office and Local Self-Government Bodies in the CIS Member States

Aleksey Nadin
article en

Abstract

The legal regulation of interaction between the prosecutor’s office and local self-government in the legislation of the post-Soviet states is distinguished by certain specifics. However, most countries strive to fix a certain minimum of types of activities within which cooperation with municipal authorities is carried out, which in general indicates not only a qualitative increase in the level of mutual relations between these entities, but also an improvement in the capabilities of the prosecutorial system to influence the state of legality in municipal formation. Within the framework of this article, using general scientific methods (comparison, analysis and synthesis) and private scientific methods (formal legal method and method of interpretation of legal norms), certain provisions defining the formation of models of interaction between the prosecutor’s office and local governments in the CIS countries are considered. Among the designated models of interaction, the following are highlighted: 1) a model characterized by the establishment of the main types of interaction between the prosecutor’s office and local government bodies in the absence of a special rule on their interaction (Russia, Belarus, Uzbekistan, and Tajikistan); 2) a model characterized by the presence of a special rule on the interaction between the prosecutor’s office and local government bodies while specifying individual areas of their interaction (Kazakhstan, Kyrgyzstan, Turkmenistan); 3) a model characterized by the absence of legislative regulation of the interaction between the prosecutor’s office and local government bodies (Azerbaijan, Armenia, Moldova). The researcher proposed to implement into national legislation the approach to interaction with local self-government bodies, reflected in the Model Law of the CIS member states “On the Prosecutor’s Office”, in terms of consolidating interaction with public authorities, local self-government bodies, other bodies and organizations to ensure human rights and freedoms and the citizen as an independent principle of organization and activity and function of the prosecutor’s office.

Journal of Foreign Legislation and Comparative LawVol. 21(2)
The Institute of Legislation and Comparative Law under the Government of the Russian Federation (RU)
Openalex Percentile: Top 71%
European and International Law Studies
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