Hüquqi dövlətdə cinayət mühakimə icraatında prokurorluğun rolu və konstitusion insan hüquqlarının müdafiəsi: nəzəri və praktiki məsələlər

In the research, the theoretical and practical issues of the role of the prosecutor’s office in criminal proceedings in a rule of law state and the protection of constitutional human rights are extensively analysed on the basis of the diversity of opinions existing in legal literature, important international documents, and the legislative norms of the Republic of Azerbaijan and foreign states. In the first part, a number of important issues related to the relevance of the research are put forward and substantiated. The second part examines issues of constitutional development and the construction of a rule of law state, analysing the constitutional and other legislative norms of the Republic of Azerbaijan in this field in conjunction with the experience of foreign states. At the same time, special attention is given to historically formed and currently existing theoretical views. The third part analyses the principle of separation of powers and the constitutional and legal status of the prosecutor’s office, including its role in ensuring the institutional foundations of a rule of law state. In this context, attention is paid to factors such as the consideration of legal traditions established within the state when determining the place and status of the prosecutor’s office within the system of separation of powers, as well as the necessity of the prosecutor’s office having a special legal status; moreover, a classification based on the place and status of the prosecutor’s office in international practice is conducted, and finally, a number of important aspects are analysed comparatively. In the fourth part, issues concerning the prosecutor’s office and the protection of human rights in international documents are analysed. In this context, specific international documents relating to the activities of prosecutorial bodies and differing in their legal force are extensively examined. In the fifth part, by making generalisations of the research, a number of important ideas are put forward. Keywords: rule of law state, human rights, legislative system, international law, international documents, separation of powers, state power, rule of law, judicial bodies, constitutional-legal status.