Decision of the Constitutional Court of Ukraine
The Constitutional Court of Ukraine has made a decision that restricts the representation of the prosecution of state interests in court. The decision was made on December 3, 2025, under number 6-r(II)/2025 and concerns the constitutional complaint of LLC 'Reynir Business Group'. The court examined the relevant provisions of the Law of Ukraine 'On the Prosecution' dated October 14, 2014, No. 1697-VII.
In its decision, the court recognized the first, second, and third paragraphs of the fourth part of Article 23 of this law as constitutional. At the same time, certain provisions of the first paragraph of the third part of Article 23 were found to be unconstitutional. This decision is part of a broader constitutional reform of 2016, which changed the status of the prosecution in Ukraine and assigned it a priority role in the field of criminal law.
Main Arguments of the Court's Decision
The subject of constitutional control consisted of the provisions of the first paragraph of the third part, as well as the first, second, and third paragraphs of the fourth part of Article 23 of the Law 'On the Prosecution'. The main arguments of the court's decision indicate the exclusive cases in which the prosecution may represent the interests of the state in court. It is also noted that the number of cases related to the representation of the prosecution of state interests in court continues to grow.
This decision has caused a wide resonance and highlights current changes in Ukraine's legal system, as well as new challenges faced by the prosecution in the context of performing its functions.
The restriction of representation of the prosecution of state interests in court may have a significant impact on judicial practice in Ukraine, as the prosecution will now be able to participate in legal cases only in specific cases. This could lead to a reduction in the burden on the judicial system; however, it may also raise questions regarding the protection of state interests in court proceedings. In the context of continuous changes in Ukraine's legal system, such decisions become important to ensure justice and enhance the efficiency of law enforcement agencies.