In the article, the author examines the peculiarities of the implementation of constitutional functions by the prosecutor’s office of Ukraine during martial law in the State. The author analyzes the legislative changes regarding the powers of the prosecutor during martial law, including in criminal proceedings. The author focuses on certain criminal procedural rules introduced by the legislator to the Criminal Procedure Code of Ukraine, some of which are currently controversial. It is emphasized that during martial law, the activities of the prosecutor’s office are primarily focused on the performance of such constitutional functions as organization and procedural guidance of pre-trial investigation, resolution of other issues in criminal proceedings in accordance with the law, and supervision of covert and other investigative and detective activities of law enforcement agencies. At the same time, international cooperation of the prosecutor’s office is becoming increasingly important in the exercise of this function, whereby the prosecutor’s offices of Ukraine receive assistance from other countries in matters relating to the investigation of criminal offenses, in particular, in establishing the location of wanted persons, extradition, etc. At the same time, the author points out that according to the Constitution of Ukraine and current legislation, international cooperation is not a separate function of the prosecutor’s office. The author points out the problematic issues that exist in practice in the execution of court decisions rendered by prosecutors in the course of performing such constitutional functions as representation of the State’s interests in court and support of public prosecution. The author analyzes the provisions of legislation on the powers of the prosecutor in the execution of court decisions, and draws attention to the inconsistency of some of them with the provisions of the CPC of Ukraine. The author also notes the legislative changes which regulate the enforcement of court decisions in the temporarily occupied territories during martial law. Based on the results of the analysis, the author concludes that during martial law in Ukraine, the prosecutor’s office continues to perform the functions established by the Constitution of Ukraine, but their implementation has certain peculiarities.
Olena Dragan (Tue,) studied this question.