Constitutionalization of the Prosecutorʼs Office in Russia and Other CIS Member States

Evdokimov, Vyacheslav; Kakitelashvili, Mikhail

doi:10.61205/jzsp.2023.069

English

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Constitutionalization of the Prosecutorʼs Office in Russia and Other CIS Member States

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Constitutionalization of the Prosecutorʼs Office in Russia and Other CIS Member States

Abstract

PII

S1991-32220000622-3-1

DOI

10.61205/jzsp.2023.069

Publication type

Article

Status

Published

Authors

Vyacheslav Evdokimov Send message

ORCID: 0000-0002-7420-4124

Occupation: Chief Researcher, Department of Constitutional Law
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia

Mikhail Kakitelashvili

Occupation: Associate Professor of Department
Affiliation: University of the Prosecutor's Office of the Russian Federation
Address: Moscow, Russia

Edition

Volume 19 No. 5

Pages

92-104

Abstract

Based on the analysis of the views of Russian and foreign researchers, as well as a comparative analysis of constitutional legislation, the article reveals the process of constitutionalization of the prosecutorʼs office in the member states of the Commonwealth of Independent States (CIS).

The purpose of the article is to develop the theoretical and legal foundations of the constitutionalization of the prosecutor's office in the CIS, as well as to formulate proposals for reforming Russian legislation on the prosecutorʼs office. Objectives of the study: to determine the main stages of the constitutionalization of the prosecutor’s office; to identify common and special features in the constitutionalization of the prosecutorʼs office in the CIS countries; to consider the main trends in the development of the institution of the prosecutorʼs office in these countries.

The object of the study was the social relations that develop in the process of the establishment and functioning of the prosecutorʼs office as a state-legal institution in the Russian Federation and other CIS member states, and the subject is directly the norms on the prosecutor’s office in the constitutions and legislation of the CIS countries, as well as the practice of their application.

The methodology of the study consisted of general scientific methods of cognition (dialectical, comparative legal, methods of analysis and synthesis, modeling, etc.).

The analysis of domestic and foreign studies devoted to the constitutional and legal status of the prosecutorʼs office allowed us to develop an authorʼs approach to the definition of the concept of “constitutionalization of the prosecutorʼs office”. The factors influencing the constitutionalization of the prosecutorʼs office are identified, to which the article refers: international acts; positions of constitutional courts; historical, political and social conditions for the development of the institution of the prosecutorʼs office. The tendency of strengthening the influence of the president on the institution of the Prosecutorʼs office in a number of CIS countries is noted. The ways of further constitutionalization of the prosecutorʼs office in Russia and other CIS member states are proposed.

Keywords

constitutionalization, prosecutorʼs office, CIS, state power, constitution

Date of publication

26.10.2023

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GOST	Evdokimov V., Kakitelashvili M. Constitutionalization of the Prosecutorʼs Office in Russia and Other CIS Member States // Journal of Foreign Legislation and Comparative Law. – 2023. – V. 19. – No. 5 C. 92-104 . DOI: 10.61205/jzsp.2023.069
MLA	Evdokimov, Vyacheslav, Kakitelashvili, Mikhail "Constitutionalization of the Prosecutorʼs Office in Russia and Other CIS Member States." Journal of Foreign Legislation and Comparative Law. 19.5 (2023).:92-104. DOI: 10.61205/jzsp.2023.069
APA	Evdokimov V., Kakitelashvili M. (2023). Constitutionalization of the Prosecutorʼs Office in Russia and Other CIS Member States. Journal of Foreign Legislation and Comparative Law. vol. 19, no. 5, pp.92-104 DOI: 10.61205/jzsp.2023.069


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