ADMINISTRATIVE AND LEGAL PRINCIPLES OF CONSIDERATION OF CITIZENS’ COMPLAINTS REGARDING THE COMMISSION OF A DISCIPLINARY OFFENSE BY A PROSECUTOR

Abstract

The scientific article is devoted to determining the features of administrative and legal regulations for consideration of citizens’ complaints regarding the commission of a disciplinary offense by a prosecutor. The legislation and by-laws that regulate the procedure for verifying a complaint in disciplinary proceedings, the rights of the complainant, and the features of making a final decision are studied. The works of scientists who studied the features of the disciplinary liability of prosecutors are studied. It is stated that the disciplinary liability of prosecutors is the obligation of a prosecutor who has committed a disciplinary offense to undergo certain restrictions of an organizational nature, which are applied in the established manner by the decision of the authorized body. The procedures for how citizens’ complaints are handled by the Qualification and Disciplinary Commission of Prosecutors are outlined as follows: the complainant must be informed when disciplinary proceedings are opened or if there is a refusal to initiate such proceedings; a complainant’s request to withdraw their complaint cannot result in the termination of disciplinary proceedings; the complainant should be invited to attend a meeting of the authorized body that will evaluate whether there has been a disciplinary violation in the prosecutor’s actions; the final decision made by the Qualification and Disciplinary Commission of Prosecutors must be communicated to the citizen. It is proposed to improve the administrative and legal regulation of the consideration of disciplinary citizens’ complaints regarding the commission of disciplinary offenses by prosecutors: to introduce the possibility of sending for consideration by the authorized body any complaints with which citizens address various prosecutorial bodies, if they contain information about a disciplinary offense of the prosecutor, to establish the right of the complainant to familiarize himself with the conclusion on the presence or absence of a disciplinary offense in the prosecutor’s act.