During an online lecture, judges of the Constitutional Court of Ukraine examined the case of the Limited Liability Company 'Reinier Business Group' regarding the prosecutor's representation of the state's interests in court. The court recognized some provisions of the law on the prosecutor's office as constitutional, while others were deemed unconstitutional. Following the constitutional reform of 2016, the prosecutor's office was given a priority role in the field of criminal law, while the function of representing the state's interests in court was significantly narrowed and limited. The court emphasized the importance of clearly defining the cases in which a prosecutor may represent the state's interests in court.
The court stressed that these cases must be established by law to prevent arbitrary interpretation or the expansion of the corresponding function of the prosecutor's office and must be objectively exceptional and clearly limited.
The court also noted the evaluative nature of some provisions of the law that give the prosecutor discretion in determining the grounds for representing the state's interests in court. Uncertainty in the scope of discretion may lead to the prosecutor's subjective understanding of these grounds, which does not meet the requirement of the rule of law.
During the consideration of the case regarding the prosecutor's representation of the state's interests in court, the Constitutional Court of Ukraine identified important principles and limitations associated with this function, particularly the necessity for clear legislative definition of the cases in which the prosecutor may act as a representative of the state in judicial processes. Addressing this issue will help prevent any compliance or potential abuses in this matter, ensuring equality and objectivity in the administration of justice.