Academic journal article European Research Studies

Principles of Interaction of Judicial Power and Prosecution Agencies as Reflection of Objective Regularities of Their Business Cooperation

Academic journal article European Research Studies

Principles of Interaction of Judicial Power and Prosecution Agencies as Reflection of Objective Regularities of Their Business Cooperation

Article excerpt

Introduction

Principles serving as basis for cooperation of court and prosecutor's office are the fundamental principles determining the subject matter, purpose, content and forms of interactions of judges and prosecutors. The meaning and role of interaction principles is determined by the fact that they are the legal basis and orienting line for arrangement and ensuring of various interrelations. This factor predetermines thorough research of principles serving as the ground for the interaction of judicial power and prosecution agencies.

Classification of Interaction Principles

1. The Principle of Legality

The following principles can be determined on the basis of the analysis of juridical literature on this topic and legal practice of the court and prosecutor's office interaction. Interaction is realized firstly on the basis of the general principle of compliance with law. The problems of the court and prosecutor's office interaction are closely connected with the matters of legality because the topic of legality "is a common topic of all scientific researches in various branches of the legal science. It not only stands out as a separate problem among other problems of the state and law science, but also presents a constituent part of all problems of this science, a crucial ingredient of any scientific investigation, any legal problem" (3). Analyzing the problems of legality, the investigators have correctly stated that the "legality is determined as a principle, method, and mode of strict, undeviating observation, fulfillment of legal provisions by all participants of public relations" (4).

S.S. Alekseev talking about the "inherency of the aspect of general enforceability of the law in the subject matter of the legality determines the most important side of the legality, i.e. the constitutive one. Due to the fact that the law is constituted via the "legislation", a special mode of the social and political life is called "legality" (5). Academician S.N. Sabikenov has similar opinion on legality. According to him "legality as a state legal regime within the rightful state means that all legal principles in the civilized society shall be expressed in the law which is a social and legal focus of activity of all state bodies, their public officials, citizens, public unions, and that is why it is subject to the undeviating and strict fulfillment, observation" (6).

In the course of the implementation of the principle of legality in the process of interaction, prosecution and court bodies provide enforcement, application, and use of the norms of the national legislation of the Republic of Kazakhstan and international legal norms ratified by the Republic, all entities participating in the interaction between the court and prosecutor's office. Mutual responsibility for solving of joint tasks aimed at intensification of protection of human rights is expressed in the strict adherence of set agreements in the course of implementation of specific measures on strengthening of legality and protection of human rights and freedoms, and rights and freedoms of the citizen in the sphere under study. Implementation of unified purposes and tasks in the process of interaction does not mean subordination of judges and judicial bodies to the prosecutor's office or dependence of the prosecutor's office on the judicial power. In this case we may only speak of the rules of law and conformity of the interacting parties to the legality requirements.

2. The Principle of Independence and Autonomy of the Court and Prosecutor's Office

The issues of independence and autonomy of the court and prosecutor's office arise from general political and legal categories of independence of government authority representing a modern state.

Juridical literature underlines that autonomy is "a crucial constitutional-legal framework comprises basic characteristic of legal status of each branch of power within the system of national statehood" (7). …

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