On the question of the functional purpose of the prosecutor’s office in the mechanism of protection of constitutional rights and freedoms of man and citizen

Abstract

The scientific article examines certain issues of the functional purpose of the prosecutor’s office in the mechanism of protection of constitutional rights and freedoms of a person and a citizen.
 It was determined that in the mechanism of human rights protection, the prosecutor’s office performs the human rights function of the state, which is manifested primarily in the protection of fundamental constitutional rights and freedoms of man and citizen and respect for them. The prosecutor’s office, within the limits of its powers, contributes to ensuring national law and order.
 It was established that along with the function of maintaining the state prosecution, the prosecutor also performs the function of representation in court. The peculiarity of the latter is that the prosecutor can represent both the interests of the state and the citizen.
 The essence of the prosecutor’s representation in this aspect is, in accordance with Clause 1 of Article 23 of the Law of Ukraine «On the Prosecutor’s Office», in the implementation of procedural and other actions aimed at protecting the interests of the citizen or the state, in the cases and procedure established by law. Along with the interests of the citizen, the prosecutor represents a citizen of Ukraine, a foreigner or a stateless person.
 It is emphasized that the wording «improperly» regarding the exercise of powers by state authorities contradicts the principle of legal certainty, may be subject to ambiguous understanding and creates obstacles to identifying the actual grounds for the prosecutor’s representation of the state’s interests in court.
 It is emphasized that the prosecutor does not have the right to represent the interests of the state in court in cases related to the election or referendum process, the activities of the parliament, the head of state, political parties, public associations, organizations that carry out professional self-government, as well as religious organizations . Along with this, the prosecutor of the Office of the Prosecutor General or the regional prosecutor’s office, upon a written instruction or order of the Prosecutor General (his first deputy or deputy, according to their competence), may represent the interests of the state in court in the form of the National Bank of Ukraine and the Cabinet of Ministers.
 It is determined that it is the prosecutor who must justify the grounds for representation in court. When representing the interests of a citizen or the state in court in criminal proceedings, only the prosecutor who directly performs such representation has the right to file a civil lawsuit.