Independence of Prosecutors and Judges in Criminal Proceedings in Ukraine and Foreign Countries in the Context of International Practices

Oleksandr Yu. Amelin1, Anatolii M. Kyslyi2, Pidpalyi Viacheslav3, Viktor Rovnyi4 & Yurii Surzhyk5

https://doi.org/10.62271/pjc.16.3.59.74

Abstract
The purpose of this study was to identify the main international standards for the application of the principle of independence in the judicial process and the specifics of its implementation in Ukraine. The main methods used for scientific cognition included analysis and synthesis, formal-logical, historical-formal, induction and deduction, specification and generalisation, comparison. The study identified the principal international standards for the implementation of the principle of independence of participants in criminal proceedings, including judges and prosecutors, which include proper legal regulation of the status of judges and prosecutors, direct prohibition of influence from other branches of power. The study found certain differences between the independence of judges and prosecutors, which include the following features: the independence of a judge means being subject to the law and impartiality in relation to any party to the trial, while a prosecutor cannot be independent in this sense, since they represent the prosecution.

Keywords: Principles of Justice; International Standards; F