Прокурорське самоврядування: поняття та ознаки

The article is devoted to the study of the problems of defining the concept and characteristics of prosecutorial self-government. The author notes that a proper definition of the concept of «prosecutorial self-government» is impossible without defining its components, namely, the concepts of «prosecutor» and «self-government». In this regard, the article examines these concepts. The author identifies the following characteristics of prosecutorial self-government: 1) it is a type of self-government; 2) it is a type of professional self-government and a manifestation of decentralization in public administration; 3) it is exercised by the prosecutor’s office; 4) it consists in independent decision-making by prosecutors on issues of internal prosecution activities; 5) it consists in collective decision-making by prosecutors on issues of internal prosecution activities; 6) it is exercised by the prosecutor’s office both directly and indirectly; 7) it is exercised for the purpose determined by law. In the course of the study of independence and collectivity as features of prosecutorial self-government, the author concludes that it is too early to speak about the existence of prosecutorial self-government as an independent and collective decision-making by prosecutors on issues related to their activities. The article also examines the important scientific issue of the place of prosecutorial self-government in the prosecution system. The author concludes that in terms of scientific research of the role of the prosecutor’s office in the mechanism of state power, it is inappropriate to include prosecutorial self-government bodies in the prosecutor’s office. The author recommends that the science of prosecution should develop a broad categorical apparatus which would eliminate duplication of certain terms, for example, «prosecution», «prosecution system», «prosecution body», etc. Based on the results of the study, the author formulates a definition of prosecutorial self-government. Prosecutorial self-government is a type of professional self-government which is a manifestation of decentralization in the field of public administration, and is exercised in the system of the prosecution service of Ukraine by the prosecutorial corps and consists in the independent and collective decision by prosecutors, both directly and indirectly through the bodies of prosecutorial self-government, on the issues of internal prosecution activities defined by the legislation of Ukraine.