LEGAL CHARACTERISTICS OF THE PROSECUTOR IN ECONOMIC PROCESSES OF UKRAINE AND THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The article deals with the peculiarities of the procedural status of the prosecutor in commercial litigation. Based on the results of the author’s theoretical and legal analysis of the legislation in force in Ukraine, as well as taking into account individual decisions of the European Court of Human Rights, the elements of the legal characteristics of the prosecutor are identified. The author’s definition of the term “legal characteristics” is given. The use of certain general scientific special methods (comparative, historical, methods of abstraction, logical approach, etc.) made it possible to conduct an author’s study of legal processes, which are inextricably linked with a deep theoretical and legal understanding of the tools of subjective protection. The author’s logical-comparative analysis of the current economic procedural legislation of Ukraine showed that the normatively defined limits of the prosecutor’s involvement in the economic process show a rather contradictory picture, which requires a deep both theoretical and practical assessment. Significant narrowing of the prosecutor’s powers to protect the economic interests of the state create real obstacles to defending the violated right of participants in conflict situations in the field of economic activity. The carried out theoretical and legal generalization of scientific views and judicial practice on the grounds for involving the prosecutor in the trial allowed to identify a number of factors that cause reasonable discussions among representatives of science and participants in the trial. Emphasis is placed on the reservations expressed in certain court decisions of the European Court of Human Rights on the maximum limitation of cases of involvement of the prosecutor in court proceedings. Given the results of the logical and legal analysis of current regulations governing the court in the broadest sense, we present a number of contrary to the generally accepted scientific and legal position of the facts of alleged excessive legal pressure in the presence of the prosecutor, as well as hypothetical pressure on court. We argue our position that Ukraine is a state governed by the rule of law, in which the constitutional guarantees of the independence of the judiciary are properly provided.