Legal basis of the prosecutor's office in Ukraine: historical dimension

Abstract

This article aims to examine the legal foundations of the activities of prosecutorial bodies within their historical development. Such an approach allows for the identification of directions and priorities for their further reform based on acquired knowledge. It has been established that the modern development of the Ukrainian state is accompanied by significant changes in the structure and functions of the prosecution service. Since Ukraine gained independence in 1991, the prosecutorial system has undergone substantial transformations affecting both its legal framework and organizational-functional mechanisms. It is summarized that the ongoing reform of the prosecution system in Ukraine forms part of a broader judicial reform process. This reform envisions a transition to a new model in which the prosecution primarily performs procedural oversight functions rather than general supervision. Examining the historical aspects of the establishment and development of any state body and the legislative basis for its functioning is essential for understanding its role and functions. First, such an approach helps clarify the historical purpose of the body, its place within the structure of state power, and its relationship with other institutions. Second, it analyzes the reasons and conditions that necessitated the execution of its assigned functions. Third, it allows for an evaluation of the current state of the body and the identification of avenues for improving its activities through legislative and organizational changes aimed at enhancing efficiency. It is asserted that incorporating the prosecution service into the justice system was a significant step in its reform. This move laid the groundwork for aligning the functions of the prosecution with international standards, particularly those outlined in the recommendations of the Venice Commission and the Council of Europe. However, despite these positive intentions, the practical implementation of these changes in Ukraine has been slow and continues to face challenges. Notably, despite the formal limitation of the prosecution's powers, political pressure on the institution persists, and issues regarding ensuring the genuine independence of prosecutors from internal administrative influence remain relevant.