COMPARATIVE ANALYSIS OF THE CREATION, CURRENT STRUCTURE, POWERS AND ACTIVITIES OF THE PROSECUTION OFFICES OF THE REPUBLIC OF AZERBAIJAN AND UKRAINE IN THE SPHERE OF PROTECTION OF THE RIGHTS AND FREEDOMS OF CITIZENS

Abstract

The scientific article highlights the historical stages of the emergence of the prosecutor’s office in the Republic of Azerbaijan and in Ukraine. It is established that in the Russian Empire, both the Prosecutor’s Office of Azerbaijan and the Prosecutor’s Office of Ukraine were built according to the same model. They were subordinate to the Prosecutor General of the Russian Empire and played the role of extras in resolving cases. After the revolution of 1917 and the liquidation of the Russian Empire, both in Ukraine and in the Russian Empire, an attempt was made to create their own prosecutor’s office system, but both Ukraine and the Republic of Azerbaijan were occupied by Russian troops and the general system of the prosecutor’s office of the Soviet Union was imposed on them. Only after the collapse of the Soviet Union at the end of the twentieth century was the attempt to create national prosecutor’s offices in both states successful. Today, the prosecutor’s offices of Ukraine and the Republic of Azerbaijan were created in accordance with the Constitutions of Ukraine and the Republic of Azerbaijan and have certain features in their activities to protect the rights and freedoms of individuals and legal entities. Regarding the structure of the prosecutor’s office of Ukraine and the Republic of Azerbaijan, certain differences are observed. In the Republic of Azerbaijan, a military prosecutor’s office functions in the general system of the prosecutor’s office. It was established immediately after the collapse of the Soviet Union in connection with the war of the Republic of Azerbaijan with Armenia. In Ukraine, even after the attack of the Russian Federation, a military prosecutor’s office has not been established to this day. As for the structure of the prosecutor’s office, it does not have any special differences. There is a central apparatus and territorial units that are subordinate to the central apparatus. There are also some differences in the system of powers of the prosecutor’s office of Ukraine and the Republic of Azerbaijan. In Ukraine, thanks to the new legislation, the prosecutor’s office has become more democratic to some extent. Prosecutors do not influence the activities of enterprises, institutions and organizations in the field of legislative activity, that is, there is no so-called «general supervision», which was introduced back in the Soviet Union. In the Republic of Azerbaijan, the prosecutor’s office still exercises general supervision. The prosecutor’s office in Ukraine is deprived of the right to influence the judicial system. In the Republic of Azerbaijan, prosecutors have the right to file protests against the decisions of judges who suspend the execution of decisions and, accordingly, the case must be considered again.