Office Of Ukraine Research Articles

Prosecutor’s Office of Ukraine Under Martial Law: Challenges, Trends. Statistical Data

Background: Introduction of martial law on the territory of Ukraine on 24 February 2022, due to the full-scale invasion of the russian federation1, led to a shift in the emphasis in activity of all public authorities and institutions. They promptly adapted to the challenges brought by the war to ensure continuous functioning of the institutions of key importance for the state. Such include the institution of justice; the Prosecutor’s Office is an integral element of its implementation. During the war, Ukraine gained new experience in the matters of its organization and functional development. It is expected to be useful to anyone interested in the justice system, particularly the Prosecutor’s Office, and for the study of its responses to the extraordinary conditions of the war. The publication is the result of a systematic analysis of the indicators of the Prosecutor’s Office of Ukraine activity within the context of the events caused by the war’s development, which has been taking place for more than one year. This time span allows the authors to draw certain conclusions and highlight trends. The performance indicators of four regional Prosecutor’s Offices, representing the north, south, east, and west of Ukraine, are taken as a basis. This approach is driven by different degrees of military aggression intensity in relation to the various regions, allowing tracing of the relevant correlation between the “territorial factor” and effectiveness of the Prosecutor’s Office’s operation. The study is based on statistical indicators and reports of the Office of the Prosecutor General, data from Kyiv, Odesa, Lviv, and Kharkiv’s regional Prosecutor’s Offices, as well as materials from the Qualification and Disciplinary Commission on Public Prosecutors. Methods: The authors used systematic, statistical, historical, and comparative methods, as well as the method of selective analysis and synthesis of information, ensuring the objectivity and complexity of the study. Actual statistical and empirical data are used for proper argumentation of the conclusions. Results and Conclusions: It was concluded that the activity of the Prosecutor’s Office in Ukraine under martial law is largely determined by the territorial factor. At the same time, the full-scale war became a catalyst for polar phenomena among prosecutors: intensification of the civil position in opposition to the aggressor, professional, and behavioural destructions, which are assessed by a disciplinary body to finalize the prosecutor’s career.

Implementation of functions by the prosecutor’s office as an element of the mechanism for ensuring the constitutional security of the state

It is indicated that in recent years, the issue of ensuring human rights has become especially 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 socioeconomic and political conditions of the functioning of our state, the problems of ensuring its security become particularly acute. Article 17 of the Constitution of Ukraine states that the provision of human rights and state security and the protection 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.
 It is noted that the functional purpose of the prosecutor’s office in the mechanism of ensuring the constitutional security of the state is an active activity aimed at identifying the constituent parts of the system’s integrity - functions, highlighting the specific qualities of each of them, and, finally, studying the connections, relations and dependencies of the functions of the prosecutor’s office among themselves in mechanisms for ensuring the constitutional security of the state. The functions of the prosecutor’s office should be understood as the main areas of activity of the prosecutor’s office established in the Constitution of Ukraine, which express the role and place of the prosecutor’s office in the mechanism of state power, which arise from the functions of the state to ensure law and order, protect the rights, freedoms, and legitimate interests of citizens and find their embodiment in the powers defined by the legislation on the prosecutor’s office. At the same time, the content of the functions of the prosecutor’s office is based on priorities that are of primary importance in the functioning of the state, its social and economic development, the protection of constitutional rights and freedoms of man and citizen, they make it necessary to focus on them the main attention of all prosecutorial activity. In the conditions of the war with the Russian Federation, the preservation of the unity of Ukraine is a mandatory condition for its further existence as a sovereign and independent state, the basis of which is the unity of the legal space (the basic principle of the rule of law), the main functional load for ensuring which must be relied on by the prosecutor’s office of Ukraine.

Organization and Tactics Crime Scene Investigation

The organization of crime scene investigation carried out by police officers in Ukraine was considered and analyzed. Based on the analysis, it was determined that it is advisable to conduct an inspection of the scene of the incident by an investigative team, which should include a group of several specialists who perform the main work of identifying, fixing, extracting, and examining material objects.

Disciplinary liability of insolvency officers: current challenges

In this article we have studied the specific features of the liability of insolvency administrators for disciplinary offenses. The norms of the current legislation (in particular, the Bankruptcy Proceedings Code of Ukraine, the Tax Code of Ukraine, the Labor Code of Ukraine) regarding the determination of the legal status of insolvency officers and the specific features for bringing them to liability have been analysed in the article. The purpose of this research was to study problematic issues related to the liability of insolvency administrators. During the research general scientific methods, in particular dialectical, methods of analysis and synthesis, formal and legal, systematic approach have been used. It is concluded that disciplinary liability in the profession of insolvency officers in Ukraine is of mixed nature. It is partly civil, partly disciplinary and administrative liability -- in its essence -- and is not clearly regulated by the current legislation. Referring to the facts of bringing insolvency administrators to disciplinary liability even for a single offense has, on the one hand, elements of civil liability. On the other hand, disciplinary liability can also be imposed on insolvency administrators.

Reform of the prosecutor’s bodies in connection with the European integration factor of the development of the prosecutor’s office of Ukraine

Reform of the prosecutor’s bodies in connection with the European integration factor of the development of the prosecutor’s office of Ukraine

Current issues of personnel potential prosecutor’s office of Ukraine

Current issues of personnel potential prosecutor’s office of Ukraine

Improving the principles of administrative responsibility for commitment of corruption-related offenses in Ukraine

Improving the principles of administrative responsibility for commitment of corruption-related offenses in Ukraine

Current issues of the activities of the Prosecutor’s Office of Ukraine in conditions of martial law

Current issues of the activities of the Prosecutor’s Office of Ukraine in conditions of martial law

Forensic economic examination in the investigation of corruption crimes

In the investigation of corruption offenses, the most effective procedural form of using special knowledge is a forensic economic examination. However, the procedure for conducting forensic economic expertise in Ukraine is not without drawbacks, and when carried out within the framework of the investigation of specific corruption crimes is characterized by certain features. The purpose of the article is to generalize and systematize key features, as well as to identify weaknesses in the process of forensic economic examination in the investigation of corruption crimes in Ukraine.
 In order to achieve the goal, the legislative interpretation of the concept of “corruption crime” has been investigated. On the basis of statistical information, indicators have been calculated and the dynamics and structure of recorded corruption criminal offenses in Ukraine in 2018–2022 have been analyzed. On the basis of analysis, systematization and generalization of normative and scientific sources the essence, process of emergence and development of the concept of forensic economic expertise has been investigated. The role and importance of forensic economic expertise in the investigation of corruption crimes has been substantiated. The list of basic documents, thorough examination of which by a forensic expert is the basis for detecting corruption, has been systematized. The features of forensic economic examination in the investigation of specific corruption offenses defined by the current legislation of Ukraine have been investigated. The procedure for appointing and conducting forensic economic expertise in Ukraine has been analyzed and its shortcomings and weaknesses have been identified.
 Prospects for further research in this area are the study of foreign experience in conducting forensic economic examination in the investigation of corruption crimes, the development of practical recommendations for eliminating the identified shortcomings and improving the procedure for appointing and conducting forensic economic examinations in Ukraine. Purposeful, though gradual, movement in the direction of solving the problem of corruption in Ukraine is a guarantee of strengthening all spheres of public life.

EVIDENCE IN THE INTERNATIONAL CRIMINAL COURT – THE ROLE OF FORENSIC EXPERTS: THE UKRAINIAN CONTEXT

Background: Ukraine faced unprecedented challenges for to the national justice system and the possibility of using international justice to bring the Russian Federation military, officers,and officials to justice after the full-scale invasion of Ukraine by the Russian Federation on 24 February 24, 2022. Since In March 2022, the ICC Prosecutor has started an investigation of into war crimes in Ukraine. In addition, joint investigative groups are carrying out activities. Cooperation between pre-trial investigation bodies of Ukraine through the Prosecutor General of Ukraine with and the International Criminal Court has been established. Therefore, the research of into possible problems in the criminal procedure of prosecution for war crimes is one of the priority areas for Ukrainian law enforcement practice and legal science. Methods: The present article is devoted to the peculiarities of the ICC international criminal justice, in particular the ICC jurisdiction in the territory of Ukraine (Ukraine has not ratified the ІСС Rome Statute), the ICC model of administration of justice, the rules of admissibility of evidence, the status of experts, and the features of expert involvement during ICC trials. Results and Conclusions: The authors found that several provisions of the joint Order of the Ministry of Internal Affairs of Ukraine, the Ministry of Health of Ukraine, and the Office of the Prosecutor General ‘On approval of the Procedure for interaction between bodies and units of the National Police of Ukraine, health care institutions and the bodies of the Prosecutor’s Office of Ukraine in establishing the fact of the death of a person during martial law on the territory of Ukraine’ dated 9 March 2022 do not correspond to the Code of Criminal Procedure of Ukraine. The authors emphasise that the erroneous provisions of this bylaw could serve as a legal basis for avoiding criminal responsibility for war crimes.

The specific features of the pension form of social protection for employees of the prosecutor's office in Ukraine.

An article is devoted to the analysis of the unique characteristics of the pension form of social protection for Ukrainian prosecutors and other employees of the prosecutor's office. It is established that many specific features characterize this form of social protection for employees of the prosecutor’s office. Firstly, these pensions are characterized by the fact that they are regulated by the norms of general and special legislation (the norms of pension, labor and administrative legislation are taken into account). Secondly, this form of social protection is objectified in pension-security legal relations. Thirdly, the pension system provides social protection to a number of employees (a pension of an employee of a prosecutor's office in Ukraine who does not have the status of a public servant; a pension of a civil servant; a pension of a prosecutor). The author pays special attention to the characteristics of prosecutors' pensions in the article. Firstly, the state is obliged to pay decent pensions to prosecutors who have the necessary length of service, including the length of service as prosecutors (also to those prosecutors who do not have the necessary length of service and insurance experience). Secondly, the state guarantees a fair recalculation of assigned pensions to employees of the prosecutor's office. Additionally, the state provides pensions to prosecutors in an inclusive manner. In the conclusions to the article, the results of scientific research are summarized and specific proposals are formulated regarding the improvement of the legal regulation of the pension provision of prosecutors of the prosecutor's office of Ukraine, namely: it is proposed to: set out Part 20 of Art. 86 of ZU of 2014 No. 1697 in the new version, which will determine the conditions and procedure for recalculating the pensions assigned to employees of the prosecutor's office, namely, in the version that will correspond to the original version of this legislative act, taking into account the fact that the reasons for its change are not consistent with the principles of democracy and the rule of law of the state and led to long-term (starting from December 28, 2014) legal uncertainty of the conditions and procedure for recalculating pensions for employees of the Prosecutor's Office of Ukraine; to make changes to Part 1 of Art. 2 of the Federal Law "On measures to ensure legislative support for the reform of the pension system", excluding its extension to pension relations that arise on the basis of the provisions of Federal Law No. 1697 of 2014 (ensuring the equality of the legal position of prosecutors and judges within the framework of the policy of guaranteeing the independence of activities and autonomy of prosecutors and judges).

Current state of social security for employees of the National Police of Ukraine: А literature review

The study substantiated the importance and necessity of building an effective social security system for employees of the National Police of Ukraine. The purpose of this study was to provide a meaningful description of the current state of social security of law enforcement officers in Ukraine based on the analysis of scientific opinions of scientists and the norms of current legislation. This study used several general scientific and special methods of scientific cognition, which allowed solving the tasks and fulfilling the purpose of this study. Specifically, these were the logical-semantic method, the method of documentary analysis, analytical, and comparative legal methods. The study analysed the scientific opinions of Ukrainian and foreign scientists who dealt with the problems of social security of the population, namely police officers. It was emphasized that the quality of social security of police officers depends on, firstly, the proper performance of police officers’ official and labour duties, and therefore, the state of ensuring the security of the state and society; secondly, the prestige of the profession of a police officer. General theoretical approaches to the definition of the term “social security” were covered, based on which the author’s opinion on the interpretation of social security for employees of the National Police of Ukraine was formulated. The key elements of social security of police officers in Ukraine were described. Based on the analysis of the norms of the current legislation, the key elements of social security for employees of the National Police of Ukraine were analysed. The authors noted the unsatisfactory state of social security of police officers. Factors that confirm the unsatisfactory state of social security of police officers were highlighted. The results of the present study can be used in the development and adoption of the Labour Code of Ukraine, when improving departmental regulations of the National Police, as well as the Ministry of Internal Affairs of Ukraine, whose norms are aimed at resolving issues of social security for police officers

Legal and organizational principles of person identification by appearance during the investigation of criminal offenses in Ukraine

The purpose of the study is to determine the legal and organizational basis for identifying a person based on appearance during the investigation of criminal offenses in Ukraine. In order to achieve the goal of the article, the authors used methods of synthesis and analysis. Statistical methods were also used, with the help of which the problems that make it impossible to carry out portrait examinations based on the materials of video recordings and photographs, as well as other revealing ones, are defined and displayed in percentage form. The logical method and the method of generalization were used when formulating the conclusions of the conducted research. The authors have determined the legal and organizational aspects of presentation for identification, conducting portrait examinations, and identification based on subjective portraits. Recommendations for improving the current criminal procedural legislation have been formulated. The factors that negatively affect the implementation of the researched methods of identification of a person based on appearance are determined.

IMAGE OF PROSECUTORS AND THE PROSECUTOR'S OFFICE IN UKRAINE: A MODERN CONCEPT

The article is devoted to the study of the peculiarities of understanding the image as a concept in general and the image of prosecutors and prosecution in particular. Attention is focused on the role of the image of state bodies of Ukraine, including the prosecutor’s office, in the conditions of a full-scale military attack on Ukraine. The tendency to the spread of information tools of commercial organizations among public authorities, in particular the prosecutor’s office, the intensification of attention of their management to the role of image and methods of effective image-making is stated. Examples of practical activities on the implementation of developments in the field of image-making among prosecutors are given. It is determined that the image in the broadest sense includes self-image, image perceived by others and desired image. At the same time, image-making involves the purpose, strategy and tactics of forming the desired image. It is proposed to interpret the image of prosecutors as the image of perception of their personal traits and professional qualities by others - citizens, colleagues, representatives of other bodies and institutions of the justice system. And the image of the prosecutor’s office - as a stable perception of the prosecutor’s office, which is formed both by employees in the course of their professional activities, and by the public by informing it about the activities of the institution, its mission, values, etc. It was emphasized that a properly formed image of prosecutors is an extremely important component of the successful performance of the functions entrusted to the prosecution and the effective implementation of its development strategy. An important debatable issue of positioning the symbols of the prosecutor’s office in Ukraine as a component of its image is raised. It was found that the symbols of the Prosecutor General’s Office, which replaced the symbols of the Prosecutor General’s Office of Ukraine, represent exclusively the prosecution body of the highest level, while the regional and district prosecutor’s offices allegedly have nothing to do with it, which does not correlate well with the unity of the prosecution system of Ukraine and the unified status of all prosecutors. Attention was focused on the need for further research of the problem of improving the methods of identifying the attitude of the society and the prosecutors themselves to the image of the department and individual prosecutors, given the dubious objectivity of such methods as questionnaires and surveys, even with the use of modern electronic tools.

Legal Status of the Prosecutor’s Office in Ukraine

The scientific article is devoted to the study of the legal status of the Prosecutor’s Office in Ukraine in the context of the development of judicial reform.The historical development of the Prosecutor’s Office during the independence of Ukraine, which was carried out by transforming from the Soviet model of “supervision service” to the model of the “prosecution service” established in Europe, is analyzed.The problems of determining the place of prosecutor’s office in the system of division of state power of Ukraine are investigated. The understanding of the prosecutor’s office as adjacent to the judicial authority of the legal institute is substantiated.The purpose and objectives of the prosecutor’s office, as well as the system of its functions, are described. The problems of functional appointment of the prosecutor’s office, as well as regulation of its functions are revealed.The system of prosecutor’s office is defined and its elements are characterized. The main links of the prosecutor’s office, as well as the division of prosecutors into territorial and specialized ones are investigated.

MILITARY JUSTICE OF UKRAINE: PROBLEMS OF DETERMINING THE BODIES THAT GOVERN THE CONSTRUCTION OF ITS SYSTEM

The article focuses on the current issue of creating a military justice system for modern law enforcement practice. Based on the idea of military justice as a system of bodies, its composition, in the authors' opinion, should include: (1) the body that carries out the pre-trial investigation and/or supports law and order; (2) the body which oversees legality; (3) military courts. In the article, the authors consider the genesis of the functioning of each of the bodies mentioned above, which, in their opinion, should be part of the military justice system, and emphasize that the idea of creating a system of military justice in this completed form was constantly discussed among scientists and practitioners. However, after Russia's armed aggression against Ukraine began, it ceased to be an idea and should be implemented soon. Considering proposals for the creation of a pre-trial investigation body, which should investigate criminal offences committed by military personnel or other persons belonging to the armed formations as the first stage in the system of criminal justice bodies, the authors give a list of existing risks, which, in particular, include their subordination, which should not affect the independence and impartiality of the investigation. Despite some turbulence in the legislative regulation of the work of the military prosecutor's office in Ukraine, this body, with different names, structural construction, subordination and staffing for a long time, in accordance with the system of the law, carried out the pre-trial investigation of war crimes, supervision over the legality of pre-trial investigation bodies and procedural management of the investigation. Particular attention in the article is paid to arguments supporting the opinion on creating a system of military courts. The reasoning is strengthened by the appeal to the Memorandum of the Council of Europe on military courts and the experience of the functioning of military justice in Switzerland, Poland and Spain.

The impact of COVID-19 on the personal security of police officers in Ukraine during war.

The impact of COVID-19 on the personal security of police officers in Ukraine during war.

AGENCIES AND OFFICIALS, AFFECTING DECISIONS ON DISMISSAL OF A PROSECUTOR IN UKRAINE

An independent prosecutor’s office is a guarantee of observance of laws and public order in any state, including Ukraine. A clearly defined and transparent procedure for dismissal of a prosecutor from his/ her office is, in particular, a component part of the prosecution agencies independence. Based on the results of systematic processing of laws and regulations as well as judicial practice, the scientific paper outlines the range of agencies and officials, with the participation of which the decision to dismiss a prosecutor from his/her office is made. The author established which subjects have a direct influence and which have an indirect influence on staff issues at the Prosecutor's Office of Ukraine. The role of each subject in dismissal of a prosecutor from his/ her office is detailed and the consequences of such subjects’ influence are analyzed.

СУДОВИЙ КОНТРОЛЬ ЯК ГАРАНТІЯ ДІЯЛЬНОСТІ ОРГАНІВ ПРОКУРАТУРИ ЗА ДОТРИМАННЯМ ПРАВ ЛЮДИНИ В УКРАЇНІ

The article reveals the features of the implementation of judicial control as a guarantee of the activities of the prosecutor's office for the observance of human rights in Ukraine. It has been established that judicial control acts as a separate institution, the main role in the functioning of which is to regulate social relations in order to ensure the protection of the rights and legitimate interests of a human and a citizen. It has been established that judicial control over the activities of the prosecutor's office in the context of respect for the rights and freedoms of man and citizen is a special type of state control exercised by the judicial branch of power in Ukraine. It was found that the subject of judicial control over the activities of the prosecutor's office is the direct activities of prosecuting authorities, in particular the legality and validity of such activities in the context of making managerial or procedural decisions. It has been established that the subjects of judicial control over the activities of the prosecutor's office are the Supreme Court, courts of appeal and local courts. It is determined that judicial control over the observance of human and civil rights and freedoms should be carried out in the process of applying the measures that will ensure criminal proceedings. It is noted that the prospects for further research in this direction are to study the features and improve the mechanism of administrative and legal regulation of the legal protection of the rights and freedoms of man and citizen in the activities of the prosecutor's office of Ukraine.

Some aspects of realization of principle of legality are at adjusting of legal relationships in the field of salary of public prosecutors

The article analyzes some aspects of the implementation of the principle of legality in the regulation of legal relations in the field of salaries of prosecutors. In particular, it is noted that the current Constitution entrusts the prosecutor's office with a number of socially important functions, the implementation of which will depend on the level of law and order. These constitutional requirements, as well as the provisions of international "soft law" in fact oblige the state to take appropriate measures to ensure the necessary conditions for the service of prosecutors. It is primarily a question of salary, term of office, as well as pension provision, which must be established by a separate law.
 Regarding the organization and activities of the Prosecutor's Office in Ukraine, the basic law is the Law of Ukraine "On the Prosecutor's Office", which defines the legal basis for the organization and activities of the Prosecutor's Office of Ukraine, the status of prosecutors, Such legal regulation is aimed at ensuring a single status of prosecutors, which is a determining condition for ensuring the unity of the prosecutor's office. At the same time, the organization and activity of the Prosecutor's Office of Ukraine and the status of prosecutors must be established by normative legal acts at a level not lower than the law. Based on this, a preliminary conclusion is made that the organization and activities of the Prosecutor's Office of Ukraine, as well as the status of prosecutors cannot be established by by-laws.
 Based on the above, it is generally concluded that the principle of legality as one of the leading principles of the rule of law involves the correct application of both individual provisions of law and law as a whole, with unconditional consideration of the rule of law. Violation of the imperatively established provisions of the law can be carried out by their gross repeal, amendment or suspension by issuing bylaws, even with reference to the financial and economic situation, which in fact acts as a reference to expediency.