SUBJECTS OF THE PROSECUTOR'S BODIES REFORM

Abstract

The article deals with the issue of the subject structure of ensuring the reform of the prosecutor’s office, its features and the generalizations that have been formed, aimed at further theoretical development of the problems of the organs of the prosecutor’s office as a modern law-and-order body.

The article explores the circle of subjects involved in reforming the administrative and legal foundations of the activities of the prosecutor’s office and its purpose is to classify these institutions and catalog their contribution to the development of the prosecutor's office. First of all, it is noted that reform can not take place without internal security. Of course, this direction is carried out by the General Prosecutor’s Office of Ukraine and its head, the Attorney General, and the Prosecutor’s Office.

Important role in reforming the prosecutor’s office is exercised by external actors. The article reveals their contribution to the improvement of prosecutorial activities. The President of Ukraine plays a significant role in the reform of the prosecutor’s office. This is objectively based on a number of legal grounds. The authors examine the significant influence of the President of Ukraine on the prosecutor’s office system. In their view, the President is one of the key subjects for reforming the prosecutor's office. This conclusion is based not only on the actual activities carried out traditionally - but also on specific norms of the Constitution of Ukraine. Under the patronage of the President of Ukraine, which is responsible for the reform, including the prosecutor’s office, a specialized institution is the National Council for Reforms, which, among the priority reforms, considers those that are tangible to the activities of the prosecutor’s office.

According to the results of the study, it was concluded that to optimize the role of the President in reforming the public sector, it is necessary to define clear tasks and powers of the President of Ukraine at the level of the special law “On the President of Ukraine”.

The Verkhovna Rada of Ukraine, as the supreme body of legislative power, has and has a lot of powers to reform the prosecutor’s office in Ukraine. The authors note that the highest legislative body of Ukraine not only develops and adopts laws. From their position, investigating the tasks and powers of the Verkhovna Rada of Ukraine, it is worth noting its forms of activity regarding the reform of the prosecutor’s office as: discussion of the foundations of state policy, expertise, parliamentary control, personnel powers.

Another important subject of public sector reform is the Cabinet of Ministers of Ukraine. By virtue of its status and purpose, each administrative and legal sphere of activity is within the competence of the government. The Ukrainian government has not been disconnected from the reform of the prosecutor’s office, but rather actively participated in its launch. This is evidenced by the speeches of the Heads of Government, recognition of its role in reform by the prosecutor’s office itself. The article proposes to properly regulate the guarantee of the activities of the Prosecutor’s Office of Ukraine by the Cabinet of Ministers of Ukraine. According to the authors, in the context of constitutional changes and prosecutor’s reform it is worth considering this norm in the article on relations with the judicial system. It is proposed to amend the Law of Ukraine “On the Cabinet of Ministers of Ukraine” in the context of Article 37.