Law enforcement function of the state: the role and place of prosecutor’s offices

Abstract

It is indicated that over the past 10 years, the issue of ensuring the security of the state has become partic- ularly relevant for domestic legal science, primarily because during this period the foreign policy conditions of our state’s existence have become significantly more complicated, which has led to internal problems (the attack of the Russian Federation on the territory of independent Ukraine). Thus, in the modern socio-econom- ic and political conditions of the functioning of our state, the problems of ensuring its security become partic- ularly acute. Article 17 of the Constitution of Ukraine states that the provision of state security and the pro- tection of the state border of Ukraine are entrusted to the relevant military formations and law enforcement agencies of the state, the organization and procedure of which are determined by law. Therefore, ensuring the security of the state is regulated at the legislative level and is carried out by specially authorized entities. Thus, from the point of view of constitutional law, it is important to study the status of the prosecutor’s office in interaction with other state authorities, however, from the point of view of the theory of constitutional security, we turn to the most important tasks of maintaining domestic stability, constitutional security, and observing the foundations of the constitutional system of Ukraine.
 The authors come to the conclusion that the category «constitutional security» is an alternative, integrating concept. At the same time, the content of this concept includes not only the state of security and ensuring the implementation of the set of basic constitutional principles of the organization of the state, but also provides the main guiding ideas of ensuring the security of other types. Acting as a more general concept for all types of legal security, that is, regarding legal relations, constitutional security determines the basic principles and content of other types of security due to the comprehensive nature of constitutional norms. At the same time, the detailing of the content of other types of legal security takes place at the sub-constitutional, legislative level. Constitutional security is also ensured by institutions of public power, among which the state prosecutor’s office occupies a specific place, since its constitutional structure, based on the principles of unity and the division of its bodies into legislative, executive and judicial, serves as a prerequisite for the development of balanced and socially justified management decisions that take into account diversity of interests existing in society, and exclude not only usurpation, but also excessive concentration and centralization of power.
 The essence of constitutional security is a combination of political, legal, economic, socio-cultural components, which make possible the development of society, its material well-being, observance of historical and cultural traditions, national characteristics, the spiritual sphere, and in the end, preserves the main result - permanent and legal observance and protection of human and citizen rights and freedoms.