PROSECUTOR’S SUPPORT OF PROSECUTION IN COURT: PROCEDURAL ASPECT AND COMPARATIVE LEGAL ANALYSIS

Abstract

The article examines the legal nature and procedural features of the prosecutor’s support of public prosecution in court as one of the constitutional functions of the Prosecutor’s Office of Ukraine. The normative- legal regulation of prosecutor’s activity in judicial proceedings under the Criminal Procedural Code of Ukraine 2012 is analyzed, the main powers of the public prosecutor at different stages of trial are distinguished. A comparative legal analysis of the institute of public prosecution support in Ukraine and foreign countries (USA, Germany, France, Great Britain) has been carried out. The current case law of the Supreme Court of Ukraine on issues of changing charges, prosecutor’s refusal to support public prosecution and differentiation between public and private prosecution is considered. Problematic aspects of implementing the function of supporting prosecution in the conditions of adversarial criminal proceedings are identified, in particular, issues of ensuring prosecutor’s procedural independence, criteria for evaluating effectiveness of their activities, mechanisms of interaction with the victim in criminal proceedings. The necessity of improving the methodology of prosecutor’s preparation for participation in court sessions and increasing the level of professional competence of public prosecutors is substantiated. Recommendations for optimizing the prosecution support procedure are proposed, taking into account positive European and American experience. The study reveals that despite seemingly different legal traditions, prosecutors in various systems share common challenges related to balancing their dual role as both representatives of state interests and guardians of justice. The article emphasizes the importance of prosecutorial discretion and independence as key factors in ensuring fair trials and protecting human rights in criminal proceedings.