GENERAL SUPERVISION IN THE MECHANISM OF ENSURING LEGALITY: THE THEORETICAL AND LEGAL ASPECT OF PROSECUTORIAL ACTIVITY
Kalit so‘zlar:
general supervision, prosecution, constitutional legality, subject of supervision, law enforcement, legality, rule of law stateAnnotatsiya
This scientific article is devoted to a comprehensive study of the so-called “general supervision” as a universal and system-forming direction of prosecutorial activity within the mechanism of ensuring the rule of law and constitutional legality. The paper reconsiders the doctrinal content of general supervision, analyzing its legal nature, functional purpose, and place within the system of state and public control. Special attention is paid to the structural elements of the subject of prosecutorial supervision, including compliance with the Constitution, implementation of laws, and conformity of legal acts with legislative requirements, as well as their relationship with other forms of prosecutorial activity. Based on theoretical-legal and formal-legal analysis, the article substantiates the thesis that the universal character of general supervision is manifested not only in the broad scope of supervised entities but also in the ability of the prosecution to exercise oversight regardless of the departmental affiliation of organs and organizations, promptly responding to violations of legality in various spheres of public relations. It is shown that general supervision represents an independent type of legal activity aimed at detecting, preventing, and suppressing legal violations, restoring infringed rights and lawful interests of citizens, and ensuring uniform application of legislation throughout the state territory. The article also identifies and analyzes problematic aspects of implementing general supervision, including normative uncertainty of its content, duplication of control functions with other public authorities, significant workload on prosecutorial bodies, and insufficient development of criteria for evaluating supervisory effectiveness.