FUNCTIONS AND AUTHORITIES OF THE PROSECUTOR’S OFFICES OF UKRAINE: PROBLEMS OF THE POST-TOTALITARIAN DEVELOPMENT

Abstract

The article is dedicated to examination of the constitutional-legal features of implementation of the functions and authorities of the prosecutor's offices of Ukraine. It has been analyzed the functions and powers of the prosecutor's offices in accordance with the European legal standards. On the basis of the analysis it has been systematized the forms, methods and practical aspects of the organization and activity of prosecutor's offices in the modern conditions of the European intergov- ernmental integration. It has been emphasized that the creation of the European model of the prosecutor's offices is an important direction of the state activity and topical aspect of the modernization of the law enforcement activity in the modern conditions of the European intergovernmental integration and implementation of the European legal standards into the Ukrainian legislation.

It has been described the state of the crime countering, which envisages the state protection of people against the criminal encroachments, guaranteeing the possibility of realization of the human rights, liberties and legal interests, in particu- lar when the illegal encroachments are performed by the state bodies, which are authorized to make legal restrictions to a person’s rights and liberties, but in ac- cordance with the current legislation of Ukraine.

Despite the fact that the role of the prosecutor's offices in monitoring the ob- servance of laws in the process of implementation of the judicial decisions in crimi- nal cases and during other coercive measures related to the restriction of personal liberty, for sure, is of particular importance in the context of ensuring the rights and liberties of those persons whose freedom is in the most vulnerable state. The above mentioned direction of a prosecutor's activity is insufficiently examined in tis theo- retical aspect, because in the available relevant researches the latest changes and amendments of the legislation, adopted in 2016, have not been taken into account, although they clarified the prosecutors' performance of that function.

It has been cleared up that the President of Ukraine has a considerable influ- ence on the interaction of the state bodies, which are parts of the system of sharing the power. In order to achieve the social stability and peace, as well as suppression of the confrontation, the President can perform the arbitrage function.

The right to perform such function is caused by the President’s authority to restraint the actions of each branch of the state power.

It has been cleared up that the fundamental functional feature of a prosecu- tor's supervision activity in the conditions of the post-totalitarian development of the prosecutor's offices of Ukraine is that such activity is actually not related to the supervision over other state bodies and agencies (as it was in the soviet period of our history). That is why the notion ‘common supervision” is already not actual and does not demonstrate in fact the essence of a prosecutor's supervision activity over the human and public rights and liberties of people in the framework of the current functions of the prosecutor's offices. At the same time we can use the term “prose- cutor's supervision” for demonstrating the relevant competence and it is correct in the context of creation of the efficient European model of the prosecutor's offices.