THE NEED OF REFORMING OF THE PROSECUTOR’S OFFICE IN UKRAINE AS A MEAN OF BUILDING OF A LAW-BASED STATE

Abstract

The article examines the need and directions of reforming of the procuratorial bodies in Ukraine as one of the conditions for development of a law-governed state in the context of orienting towards European values and standards in all spheres of public life and adapting of national legal institutes to the EU norms. Attention was drawn to the discussion of the assignment of such a function as supervision of the observance of the law in the execution of judicial decisions in criminal cases to the prosecutor’s office, as well as in the application of other coercive measures related to the restriction of personal freedom in the context of the fact that the prosecutor’s office also provides procedural control over the pre-trial investigation and provides the maintenance of a public prosecution in court. The problem of non-compliance of the provisions of the Law of Ukraine «On the Public Prosecutor’s Office» and the Constitution of Ukraine with regard to the representation of the interests of citizens in the court by the prosecutor’s office was revealed. Attention was drawn to the expediency of improving the organizational and legal support of the activities of specialized prosecutor’s offices, as well as the possibility of expanding the specialization of the prosecutor’s offices in Ukraine, taking into account international experience, with the aim of building an effective system of specialized prosecutor’s offices, whose activities are aimed at protecting certain specific groups of social relations. The urgency of the creation of environmental prosecutor’s offices in Ukraine is defined, which is additionally due to the positive foreign experience as the European Union today has a European Network of Prosecutors for the Environment whose purpose is to promote the implementation of environmental criminal law by supporting the operational work of environmental prosecutors. The following conclusions are made regarding: the need to resume activity of environmental prosecutor`s offices, taking into account the ecological situation in Ukraine; creation of transport prosecutor`s offices as Ukraine is geographically located in the center of all transport routes and has a sufficiently large number of transport nodes; the creation of a financial / fiscal prosecutor’s office, which should become an independent, separate body that will have a welldefined range of competencies to build a solid system of protection of its financial and economic sphere; the exclusion of the provision from the Law of Ukraine «On the Public Prosecutor’s Office», which stipulates the organizational and procedural dependence of the SAPO on the Prosecutor General’s Office of Ukraine.