COMPARATIVE LEGAL ANALYSIS OF PROSECUTOR’S MODELS OF FOREIGN COUNTRIES

Abstract

This article reveals the types of prosecutorial models in foreign countries and their legal nature. The classification of prosecutorial models is analyzed from the perspective of their role in modern legal systems. In particular, a comparative legal analysis of models from the USA, Great Britain, France, Germany, China, and Russia was conducted. At the same time, the organizational structure and functional activities of the prosecutor’s office in the Anglo-Saxon and Romano-Germanic legal systems are highlighted on the basis of scientific and theoretical approaches of scientists. The positive and negative aspects of the prosecution models in this legal system are highlighted. Also, the nature and scope of the prosecution authorities in common law and continental law countries, the most important differences between the two main legal systems are discussed based on the approaches of scholars. Based on the approaches to organizing the activities of the prosecutor’s office, as well as the place and functional nature of the prosecutor’s office in the system of state authorities, the prosecutor’s offices of the countries are divided into four groups. The importance of prosecutorial models in the formation and improvement of the national prosecutor’s office is discussed in detail. Furthermore, the organizational role of the prosecutor’s office in the system of power is examined using the example of states with different legal systems. The positive aspects of the prosecution models were developed by the author as a scientifically grounded proposal for implementation in the national prosecution system.