The Constitutional Court of Ukraine Limited the Powers of the Prosecutor: What Will Change from 2027

In the case concerning the constitutional complaint of LLC "Reinier Business Group", the Court adopted a Decision.

The Second Senate of the Constitutional Court of Ukraine, on December 3, 2025, at the plenary session, adopted a Decision in the case regarding the constitutional complaint of the Limited Liability Company "Reinier Business Group" (hereinafter referred to as the Company).

The Company appealed to the Court with a request to verify the compliance of the provisions of the first paragraph of the third part, and paragraphs one, two, and three of the fourth part of Article 23 of the Law of Ukraine "On the Prosecutor's Office" of October 14, 2014, No. 1697–VII with the amendments (hereinafter referred to as the Law) with Article 131-1 of the Constitution of Ukraine.

According to Article 23 of the Law, "the prosecutor represents the legal interests of the state in court in case of violation or threat of violation of the state's interests, if the protection of these interests is not carried out or is carried out improperly by the public authority, local self-government body, or another entity of public authority to which the relevant powers are assigned, as well as in the absence of such an authority" (first paragraph of the third part).

According to the fourth part of Article 23 of the Law, "the existence of grounds for representation must be substantiated by the prosecutor in court.

The prosecutor represents the interests of a citizen or the state in court solely after the court confirms the grounds for representation.

The prosecutor is obliged to inform the citizen and their legal representative or the relevant entity of public authority about this in advance, before appealing to the court. If the court confirms the existence of grounds for representation, the prosecutor exercises the procedural powers of the respective party in the process. The presence of grounds for representation may be challenged by the citizen or their legal representative or the entity of public authority"

The Constitutional Court of Ukraine recognized that the first, second, and third paragraphs of the fourth part of Article 23 of the Law comply with the Constitution of Ukraine.

Determining the Expiration Dates

The Court determined the expiration dates of specific provisions of the first paragraph of the third part of Article 23 of the Law that were declared unconstitutional. Thus, the Decision states that they will lose their effect from January 1, 2027.

The Court also ruled that the Decision does not apply to legal relations regarding the prosecutor's representation of the interests of the state in court that arose during the validity of specific provisions of the third part of Article 23 of the Law, declared unconstitutional, and continue to exist after they lose their effect.

The Decision and its summary will be published on the official website of the Court on December 4 of this year.

This news discusses the decision of the Constitutional Court of Ukraine in the case regarding the constitutional complaint of LLC "Reinier Business Group". The Court supported the Company's position and recognized certain provisions of the Law on the Prosecutor's Office as unconstitutional. The decision comes into effect on January 1, 2027, but does not concern existing legal relations regarding the prosecutor's representation of the state's interests in court.