Year: 2024 | Month: February | Volume 69 | Issue 1Special

The Role of the Prosecutor’s Office in Legal Relations: Analysis of Functions and Impact on the Judicial System

Valerіі Nonik Oleksandr Biloshytskyi Roman Hovda Savelii Shevchenko and Stanislav Sokha
DOI:10.46852/0424-2513.1.2024.7

Abstract:

Ukraine’s aspirations to achieve advanced standards of the rule of law have underpinned the modernization of its criminal justice and law enforcement systems over recent years. The Ukrainian prosecutor’s office holds a special position in the latter since it is not connected to any state-related structures and serves its purpose in terms of the system of checks and balances. The purpose of the academic paper is to define the role of the prosecutor’s office in modern legal relations, as well as their impact and significance for the judicial system. The object of research is the prosecutor’s office as a participant in legal relations. The research methods include analysis, systemic and structural, comparative legal, dialectical. Ukraine has chosen the strategic path of joining the EU and NATO, and the reform of the Ukrainian prosecutor’s office is an important aspect of the development of the rule of law. The European option of Ukraine requires the legislator to revise the main institutions of the judicial branch, adopt new legislative acts and significantly modernize the system and functions of state authorities, especially the prosecutor’s office. The activities of the prosecutor’s office are aimed at establishing and ensuring human rights and freedoms. Currently, the mechanism of the prosecutor’s office is one of the most important factors of legality. The prosecutor’s office is an authoritative body that performs various functions – from supervising compliance with the law to supporting public prosecution in court. The issues of organizing the activities and functions of the prosecutor’s office have repeatedly attracted the interest of scholars. The system of participation of prosecutors in court proceedings under the current legislation is multidimensional: participants in court proceedings participate not only in criminal but also in civil, commercial and administrative proceedings. The paper examines the main aspects of the activities of the prosecutor’s office in Ukraine, analyzes the legal framework for the activities of the prosecutor’s office of Ukraine, and considers the main functions of this state body. The main aspects of the impact of the prosecutor’s office of Ukraine on the judicial system are explored and the importance of the prosecutor’s office for the judicial branch of power is established. The place of the prosecutor’s office in legal relations with other public authorities is defined.

Highlights

  • The prosecutor’s office in Ukraine holds a unique and independent position, functioning as a self-governing system of justice and representation of state interests in court, and its institutional strengthening, particularly elevating the status of the Prosecutor General’s Office, is essential for reinforcing human rights and law enforcement capacity in the country.




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