| Abstract [eng] |
Public Prosecutor’s Office in the State Institutional System A disussion concerning the legal constutional status of the Public Prosecutor’s Office in still continuing. The major issues under discussion are related to the organization and functions of Public Prosecutor’s Office. The unsolved points of discussion concern the effectiveness of the system and structure of the principles, the limits of the power of Public Prosecutor’s Office at its present stage; its position in the system of national institutions; the relation between the safeguarding of the enforcement of the legal powers of the Public Prosecutor’s Office and the independence of the legal organs of government; the experience of analogous institutions of other countries and the extent to which it should be taken into account. To better understand the specific chracteriscs of the constitutional legal status of the Public Prosecutor’s Office, they are contrasted with the constitutional regulations concerning the institution of the Public Prosecutor’s Office of other countries. The metods scholarly-literary, historical and comparative-legal analysis are applied. The Public Prosecutor’s Office system of Lithuania is contrasted with that operating in other European countries, such as Italy, Spain, Belgium, Malta, Cyprus and Poland. Suggestions are made as to which principles functioning in the above mentioned countries could be applied to Lithuania’s model of the Public Prosecutor’s Office. Certain different characteristics of the Public Prosecutor’s Office of some post-Soviet countries, such as the Russian Federation, the Republic of Moldova, the Republic of Latvia and Azerbaijan are also presented. These countries and Lithuania shared the common experience of Soviet regime at a certain historical period, so the analysis of the status of the Public Prosecutor’s Office in them is reasonable in the context of the subject investigated in the paper. On the basis of the historical analysis, it is possible to draw a conclusion that the Public Prosecutor’s Office must be defined as a multi-functional legal institution whose activity is part of the whole system of actitvities of the country within a single legal framework. A conclusion is made that there exists no universal foreign Public Prosecutor’s Office model that could be introduced in Lithuania, under current circumstances, to safeguard public interests and protect human and civil rights. It is obvious that within the mechanism of the State, the Public Prosecutor’s Office has no definite constitutional-legal status, as it is independent of all organs of government. It is mandatory that its present status should be improved in order to consolidate its influence in the areas of law and order, and human and civil rights. A conclusion is drawn that the legal status of the Public Prosecutor’s Office calls for further correction. |
