PROSECUTOR'S OFFICE OF UKRAINE IN THE SYSTEM OF JUSTICE: NEW APPROACHES OBSERVING THE PRINCIPLE OF CONSTITUTIONAL FIDELITY
PROSECUTOR'S OFFICE OF UKRAINE IN THE SYSTEM OF JUSTICE: NEW APPROACHES OBSERVING THE PRINCIPLE OF CONSTITUTIONAL FIDELITY

Summary/Abstract: From the perspective of achievements of modern doctrine of constitutionalism, in particular the principle of сonstitutional fidelity, the article is focused on the provisions of the new principles of Prosecutor’s Office organisation, arising from the amendments to the Constitution of Ukraine (Section “Justice”), as a justice promoting body. The article considers the vision of the Prosecutor’s Office functioning on an instance basis but not on a hierarchical one, which will enable it to exercise the procedural control in criminal proceedings and maintain the public prosecution in court more objectively and reasonably. Based on the functions of the prosecutor's office, its activities, according to the authors, should correspond to the organization of the judicial system. In view of this, the prosecutor's office should be organised on the instance basis, which will also help to ensure better access to justice and prompt decision by the court on the issue of granting or denying the prosecutor's requests to take pre-trial investigation measures.

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