АДМІНІСТРАТИВНО-ПРАВОВІ ЗАСАДИ ВЗАЄМОДІЇ ПРОКУРАТУРИ УКРАЇНИ З ІНСТИТУТАМИ ГРОМАДЯНСЬКОГО СУСПІЛЬСТВА

Abstract

Purpose. The purpose of the article is to clarify the principles of cooperation between theprosecutor’s office and institutions of civil society in the context of the implementation of the lawenforcement function. Methods. A complex of general and special scientific research methodsrepresents the theoretical and methodological basis of the research. In particular, the method of analysis and synthesis, systemic, systemic-structural, and comparative-legal was used during theanalysis of the current legislation of Ukraine and the assessment of the current state of regulationof certain aspects of the interaction of the prosecutor’s office with institutions of civil society. Themethods of analysis, synthesis, and forecasting contributed to the definition of certain debatableprovisions of the “Community Prosecutor” concept. In general, a comprehensive approach to theapplication of general and special scientific research methods ensured the reliability and validityof formulated conclusions, recommendations, and suggestions. Results. The conducted textualanalysis of the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office”proved that the main profile legislative acts do not define the legal basis for the interaction ofthe prosecutor’s office and formalized structures of civil society, in particular such as the media,public organizations and other associations of citizens. This made it possible to state that thecurrent state of legal support for the joint activity of the latter in the context of law enforcementactivities is insufficient. Therefore, to ensure the implementation of such activities within thelegal framework, the unification of common activity algorithms, and the development of effectiveforms of interaction, it is important to regulate these aspects at the legislative level. It was foundthat the implementation of the “Community Prosecutor” Concept is promising in establishingfruitful communication between the prosecutor’s office non-governmental organizations, and thepopulation, however, the importance of reforming the legislation to implement the ideas enshrinedin it was emphasized. It was determined that the experience of civil society in some countries ofEurope and the world is proven. It was established that the latter purposefully certifies that themain constitutional duty of the prosecutor’s office is to protect and ensure social interests, the legalsystem, and a democratic society, and determine the priority areas of activity of the prosecutor’soffice, which should be given “special attention” in ensuring prosecution. Conclusions. Basedon the modern realities in which the civil society institutions of Ukraine are developing, it isimportant to establish their communication and interaction with the prosecutor’s office. Thefollowing forms of implementation of the law enforcement function of the state, through the jointinteraction of the outlined subjects, are considered promising for implementation, such as theinvolvement of the media in informing the public about the results and nature of the activitiesprosecutor’s office, informing about the results of conducted journalistic investigations to conducta competent review of the latter to identify facts of illegal behavior of individual subjects or theirgroups. It is important to involve public organizations, in particular human rights defenders,and other associations of citizens for joint information and educational, and scientific activities,involving the latter in such relevant forms of activity as documenting war crimes, conductingopen data investigations, and analyzing social networks to identify illegal actions of individualsubjects, etc. It is emphasized that the prospects for further interaction of the prosecutor’s officewith institutions of civil society dictate the need for normative consolidation of the relevant legalfoundations of this activity. In connection with this, it is proposed to make changes to the Lawof Ukraine “On the Prosecutor’s Office”, in particular, to supplement it with a separate section,which should define the fundamental principles of interaction between the prosecutor’s office andcivil society institutions.