MAINTAINING PUBLIC PROSECUTION AS A FUNCTION OF PROSECUTORS IN UKRAINE AND EU COUNTRIES

Abstract

The article is devoted to the problem of supporting the public prosecution as a fundamental institution of criminal proceedings - the stages of implementation of this process, its implementation and the diffi culties that arise in supporting the public prosecution in accordance with national law and international standards. The term «charge»; in the criminal proceeding is considered in various respects, inparticular as an allegation, which means that a certain person has committed a criminal off ense; as a function that is entrusted to the procedure bodies in the exercise of their activities and as a fundamental component of the existence of the judicial system. Most of the existing procedural systems in the states of Europe entrust the entire process of preparation and support of public prosecution to public prosecutors. The prosecutor is a subject of power, vested with the right to maintain public prosecution and implement it in general. This process must meet the requirements of the rule of law and justice. Public prosecution is variable, that consists in the possibility of its «correction» in terms of the qualifi cation of the act, which testifi es to a comprehensive and complete examination of all circumstances of criminal proceeding. The most important thing for a prosecutor preparing for a hearing is to conceptually anticipate the possible challenges that arise during a trial. The prosecutors` tasks become more complex when the process is constantly infl uenced by certain circumstances, usually caused by «gaps» in the pre-trial investigation. The European community abides to the opinion that prosecutors, in support of the public prosecution, act as representatives of public authorities, act on its behalf and are guarantors of the application of law. The legal fi xing of the institution of prosecution in court has many gaps and is reduced only to the concept of «public prosecution» as a procedural activity of the prosecutor. The disclosure of the concept of «support of the public prosecution» is not contained in the legislation, therefore it is necessary to amend the Criminal Procedural Code of Ukraine, in which this concept should be legally fi xed, as well as diff erentiate the powers of the prosecutor and a victim, in case the victim supports the prosecution on its own.