Prosecutor as a Subject of Guaranteeing Human Rights in Ukraine

• Published in: Вісник Харківського національного університету внутрішніх справ Vol. 94; no. 3; pp. 181 - 187
• Main Author: Chumak, V. V.
• Format: Journal Article
• Language: English; Ukrainian
• Published: Kharkiv National University of Internal Affairs 29.09.2021
• Subjects: a prosecutor; activity; human rights; protection; provision; reform
• ISSN: 1999-5717; 2617-278X
• DOI: 10.32631/v.2021.3.16

The author of the article has studied the essence of the prosecutor’s activity as a subject of guaranteeing human rights in Ukraine. The peculiarities of the reform of the prosecutor’s office have been emphasized and its relationship with the activity of the prosecutor as a subject of guaranteeing human rights has been determined. A legal framework that regulates the activities of the prosecutor as a subject of guaranteeing human rights has been established. It has been concluded that the state and level of human and civil rights and fundamental freedoms depend on the normative regulation of the prosecutor’s activity as a subject of guaranteeing human rights in Ukraine, which is the cornerstone of Ukraine’s establishment as a state governed by the rule of law with observance of the rule of law. It is determined that the Prosecutor's Office has recently undergone numerous reforms and changes in its organizational, staffing, functional systems and practical activities to protect human and civil rights and freedoms. Such changes are due to a number of factors including: the need to improve the activities of prosecutors, bringing domestic legislation in line with the legislation of EU Member States, to review organizational and staffing systems that have proved to be ineffective, etc. Given the above, it should be noted that the prosecutor as a subject of guaranteeing human rights in Ukraine plays one of the main roles and occupies a prominent place in the human rights system in Ukraine, since he / she acts as a system of checks and balances for pre-trial investigation agencies that restrict human rights during various procedural actions. Thus, it can be stated that the prosecutor as a subject of guaranteeing human rights in Ukraine must take all necessary and possible measures to prevent any human rights violations, i.e. the creation of such conditions, when other public authorities will respect human rights, and in case of their violation – the prosecutor immediately responds to all such manifestations and takes measures to prevent violations of human rights and freedoms. It has been established that the powers of the prosecutor in the field of human rights protection should be considered as a further priority area of scientific research in regard to the current reform of the prosecutor's office in Ukraine.