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Keywords

prosecution authorities, independence, law supremacy, separation of powers, executive branch, judicial branch.

How to Cite

MAKHMUDOV , A. (2022). THE INDEPENDENCE OF THE ACTIVITIES OF THE PROSECUTION AUTHORITIES IS AN IMPORTANT GUARANTEE OF ENSURING THE RULE OF LAW. LAWYER HERALD, 2(6), 22–27. Retrieved from https://yuristjournal.uz/index.php/lawyer-herald/article/view/133

Abstract

The article analyzes the principle of independence of the activities of the prosecutor's office as a basis for ensuring the rule of law, and studies this issue from the standpoint of the principle of separation of powers. The author examines the main approaches in the world regarding the activities of the prosecutor's office and concludes that in some countries these bodies are not part of the system of any state bodies, in others they are part of the Ministry of Justice, and in still others - into the judiciary. ... Uzbekistan, being a member of the CIS, adheres to the first position, according to which the prosecution bodies are not included in the system of any state power, thereby ensuring the true independence of the bodies, in contrast to when these bodies are in the system of executive or judicial power.

PDF (O'zbek)

References

1. Ireland, Office of the Attorney General, Prosecution of Offences Act, 1974, sect. 2 (5) and (6).

2. In England and Wales, the Crown Prosecution Service was established in 1986 as a statutory authority under the direction of the Director of Public Prosecutions by The Prosecution of Offences Act 1985. Section 3(1) of the Act provided as follows: “The Director shall discharge his functions under this or any other enactment under the superintendence of the Attorney General”

3. United Kingdom, Attorney General’s Office, Crown Prosecution Service, Serious Fraud Office and the Revenue and Customs Prosecutions Office, Protocol between the Attorney General and the Prosecuting Departments (London, July 2009).

4. International Association of Prosecutors, Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, item 3.

5. Ўзбекистон Республикаси Президентлигига номзод Ш.М.Мирзиёевнинг сайловолди дастури. https://uzlidep.uz/news-of-party/10076

6. Мирзиёев Ш.М. Янги Ўзбекистон стратегияси. – Тошкент: “Ўзбекистон” нашриёти, 2021 йил, 108 бет.