DEFICIENCIES IN LEGAL CERTAINTY REGARDING THE EXERCISE OF THE PROSECUTOR GENERAL’S PROCEDURAL POWERS BY AN ACTING OFFICIAL

Abstract

The article examines problematic aspects related to the exercise of the Prosecutor General’s procedural powers by an acting official. The attention is focused on the gaps arising in law enforcement practice due to the lack of a clear legislative mechanism for extending the statutory term of office of the Prosecutor General after its expiration. Particular attention is paid to analyzing the provisions of the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, the Law of Ukraine ‘On the Prosecutor’s Office’, and certain decisions of the Constitutional Court of Ukraine. The article characterizes the situation in Ukraine after the dismissal of the Prosecutor General when the duties of the head of the entire prosecution system are carried out by his First Deputy for a long time without the appointment of a new Prosecutor General. It is noted that this situation gives rise to numerous questions regarding the legitimacy of procedural decisions made by the acting official, in particular the possibility of approving searches, detention of Members of Parliament of Ukraine, entering information into the Unified Register of Pre-trial Investigations regarding certain categories of persons, etc. In light of this, the article provides a reasoned critique of the draft law No. 11175 registered in the Verkhovna Rada of Ukraine, which includes a narrowing of the powers of the acting Prosecutor General. The conclusion is drawn that the adoption of such legislative changes would pose a threat to the effective functioning of the prosecutor’s office during martial law. The article substantiates the advisability of legislative regulation of the procedure for appointment and terms of acting Prosecutor General, as well as retention of a significant scope of procedural powers. This necessity arises from the need to uphold the principle of institutional continuity in the prosecution system, particularly during wartime, when the state requires the efficient operation of the entire criminal justice system. It is important to develop a unified approach to the scope of powers of the acting Prosecutor General to ensure stability of law enforcement, to maintain confidence in the prosecution authorities and prevent a legal vacuum in the legal regulation of these issues.