Journal article Open Access
A.A. Kirichenko, O. V. Rudenko
The article has proposed a new version of articles of the Constitutional Code of Ukraine (and other states) regarding the essence of basic constitutional duty of the state, basic procedure for ensuring and observing legal status of social subjects and the highest social values of this legal status.
Attention has been drawn to the Universal Declaration of Human Rights which was adopted to protect human rights by the law in order to ensure that the person will not need to resort to restoration against tyranny and oppression. To approve this administrative arbitrariness and tyranny of corruption and lack of professionalism two stages of contest of 07.11.2016 and 02.08.2018 were conducted to establish cassation courts and anti-corruption court. It has been underlined that the results of these contests were based on deception, cynical corruption and/or legal non-professionalism. And the former President controlled the “brilliant” achievement of these contests’ goal. It has been proposed to withdraw illegal Presidential orders on appointment of judges to the mentioned courts and to initiate a re-contest.
A radical reform of prosecution’s powers has been proposed. Along with the President of Ukraine the prosecution office has to be over all the branches of power and supervise strict compliance with laws by all the persons and state bodies. Procedural guidance of investigation should be transferred to the heads of special investigative units and the function of conviction should be fulfilled by special units of conviction of public defender’s office aimed at providing defense and other legal aid. At the same time obtaining of material and other benefits from clients should be considered as a bribe.