REFORM OF THE PROSECUTORIAL SYSTEM IN THE CONTEXT OF EUROPEAN INTEGRATION PROCESSES

Abstract

This study examines the tasks and the performance of functions by the Ukrainian prosecution authorities within the context of the European integration process. A new stage in the development of the prosecution service began with the proclamation of Ukraine’s independence. In accordance with the transitional provisions of the Constitution of Ukraine, prosecution authorities continued to exercise the function of general supervision over the observance and application of laws. The author emphasizes that this approach did not align with European standards or the recommendations of international organizations, which advocated limiting the functions of the prosecution service to the sphere of criminal justice. The article examines the key historical stages of state-building in independent Ukraine and their impact on the reform of prosecution authorities and the alignment of national legislation with European standards. It analyzes the new operational approach of prosecution authorities and the procedure for prosecutorial selfgovernance in accordance with the Law of Ukraine “On the Public Prosecutor’s Office” dated October 14, 2014. The author highlights that, for a long period, the functions of the prosecutor’s office were regulated by a separate chapter of the Constitution of Ukraine, reflecting uncertainty regarding its place and role among the branches of state power. The article also notes the influence of the 2016 constitutional reform on the evolution of the functions of Ukraine’s prosecution service. Attention is drawn to the specific ways in which the prosecution service responds to the political and legal challenges arising during the development of the Ukrainian state. The author identifies key gaps in the reform of the prosecution service in Ukraine. Taking into account the imposition of the legal regime of martial law, the author provides a detailed analysis of the provisions of the Comprehensive Strategic Plan for Reforming Law Enforcement Agencies (as part of Ukraine’s security and defense sector) for 2023–2027. A conclusion is drawn regarding the need to strengthen the institutional independence, functional powers, and political neutrality of the prosecution service. European requirements concerning the powers of prosecution authorities are analyzed, the state of reform in Ukraine is assessed, key challenges are identified, and recommendations for the further implementation of European Union legal standards are formulated