Prokurorų priėmimo, atleidimo reglamentavimas ir įgyvendinimas
Markutė, Viktorija |
Balčiūnas, Irmantas | Recenzentas / Rewiewer |
Urmonas, Algimantas | Darbo gynimo komisijos pirmininkas / Thesis Defence Board Chairman |
The theme of the master’s work “The regulation and implementation of procurators’ firing and hiring”, the work consist of three parts: 1) the procuracy and its status; 2) regulation and implementation of hiring the Procurators; 3) the implementation of firing the procurators. Each part is divided into sections. The aim of this work is to evaluate the efficiency of the terms concerning the firing and hiring the procurators. The palace of procurators I the system of legal institution is described, because were big quarrels concerning the place of procurators in the system of legal institutions, till this question was solved in the explanations of the Constitutional Court of the Republic of Lithuania, where it is stated, that the Procurators is the compound part of the judicial government and helps the court to implement the justice. In order to show the procurators properly and exhaustively as an institution helping the court to implement the justice and the status competency of officers – procurators, the structure of procuracy was analyzed. It was shown, that the system of procuracy is made of general procuracy, which acts the territorial procuracy of the Supreme Court: 1) circuit procuracy and circuit courts; 2) district procuracy and district courts. After having analyzed the system, the structure and the legal regulation of the procuracy activity, it is possible to state, that the procurators of district and circuits are responsible to the General procurator, and the vertical of the subordination exists. In order to show what a significant place in the system of legal institutions and the state is dedicated for procuracy, the competence of officers – procurators was rewired, which is settled in the Organic Law of the state, that is in Constitution and it is separated in the law, issued by General procurator, concerning the competence of the procurators. It is being stated in the Constitution, that pre-judicial investigation is organized and managed, and the public accusation in the criminal cases is held by the procurator. However, there are no detailed functions of the procurators in the Constitution. There is merely indicated that the functions of the procurators are regulated in the laws (the law of procuracy). In the second part of the work, it is analyzed the regulation and implementation of the hiring of Procurators. It is indicated, that the hiring and firing of the General procurator ire regulated in the Constitution of the Republic of Lithuania, where, in the 8 article, 11 page, it is stated that the president with the approval of the Seimas hires and fires general procurator of the Republic of Lithuania, and the fourth and fifth sections procurary law change of the 19 July, 2003, where the order of hiring the General Procurator, his deputies and procurators is fixed. There are separately analyzed the requirements for the persons, claiming to the positions to the General procurator and territorial procurators, where the person, when claiming to these positions, must suit the certain requirements, that were divided into separate criteria: 1) the age; 2) personal features; 3) knowing of Lithuania language and the Lithuanian citizenship; 4) requirements for the education. In the research, the method of questionnaires was used, witch showed the opinion of the procurators, that the procurators not always fulfill their job functions properly because of the lack of the experience in the legal work. In the third part of the work the order of firing the procurators is reviewed, where the firing order of General procurator, his deputies and territorial procurators is analyzed separately.