Specialized Prosecutor’s Office in the field of defense: legal status, role in the system of law enforcement agencies, functions and tasks under martial law

Abstract

The full-scale invasion of the Russian Federation into the territory of Ukraine has directed the activities of state bodies towards defense and preservation of the integrity and sovereignty of the State. The main role in achieving this goal is played by the Armed Forces of Ukraine and other armed military formations, but due to the growth in the number of defense forces, the number of offenses has increased.
 To combat such offenses, Ukraine established the Specialized Defense Prosecutor’s Office, the legal status, functions and role of which are not sufficiently studied in the scientific environment, since this body in its current form was established only in 2023.
 The article, among other things, examines the retrospective of the formation and development of the military prosecutor’s office in Ukraine, and establishes the fact of continuous reform of the military prosecutor’s office, which over time has led to the leveling and devaluation of the role of military prosecutors in the law enforcement system of Ukraine. The article also substantiates the author’s opinion that the military justice system was unprepared to fulfill its tasks, especially in a full-scale war, and the civilian law enforcement system and civilian courts are not able to fully perform their functions, especially in the combat zone.
 In the course of the work, the author emphasizes the need for a complete restoration of military justice and the difficulties of the work of the specialized prosecutor’s office in modern conditions.
 In general, the article analyzes the issues of transformation of the military prosecution bodies in Ukraine as a component of the military justice system, examines the changes that have occurred in this structure since Ukraine gained independence, and identifies the problematic aspects and prospects for restoring an effective military justice system.
 Based on the results of the article, the author analyzes the legal nature of the body and its formation in historical retrospect, which gave a clear understanding of the legal position of the Specialized Defense Prosecutor’s Office in the system of law enforcement agencies, identifies and studies the functions performed by the body, formulates a list of tasks for which this prosecutor’s office was established, and identifies the shortcomings which require improvement and legal regulation at the legislative level.