REPRESENTATION OF STATE INTERESTS BY THE PROSECUTOR IN COURT: IDENTIFICATION OF REGULATORY FEATURES

Abstract

The judicial representation by the prosecutor has been found to
differentiate into two types, each with its own specificity regarding the formation
of procedural relations, where, according to established rules, the prosecutor
should acquire the status of a party to the judicial process. Thus, the formulation
of constitutional norms regarding the powers of the prosecution to "represent the
interests of the state in court" should be considered in an expanded
interpretation.
The category of "state interests" is defined as the objective needs and values
of the state based on public needs and is relevant to these needs from a legal point
of view.
It has been found that ensuring the constitutional function of state
representation by the prosecution in court is defined as an effective form of
protecting the legitimate interests of the country. However, its implementation
requires further normative provision and clarification, especially in the context of
protecting the interests of the state during a state of war, which not only limits the
rights of citizens but also creates additional challenges for ensuring national
interests. Additionally, this period vividly demonstrates the arbitrariness of
actions by certain subjects of governmental authority, who use the crisis situation
to neglect their duties or even engage in unlawful enrichment. In this context,
prosecutorial authorities must be prepared for all challenges with a sufficient
arsenal of available methods to prevent abuses and ensure the real protection of
the interests of the state and its citizens. It is clarified that government authorities, including their political
representatives, and other stakeholders recognize the importance of this issue
and actively work on the strategy for Ukraine’s recovery. During the final
decision-making process, it is crucial that they ensure effective representation of
the state’s interests in court during a state of war and in other complex situations.