CCU restricted the powers of the prosecutor's office: which cases cannot be submitted to the court

According to Конституційний суд: On December 3, 2025, the Second Senate of the Constitutional Court of Ukraine made a decision in the case of the constitutional complaint of the Limited Liability Company 'Reynir Business Group'. The company applied to the Court with a request to verify the compliance of Article 1311 of the Constitution of Ukraine with the provisions regarding the representation of the prosecutor in court.

• The Court recognized that after the constitutional reform of 2016, the function of the prosecutor in court was narrowed and has a limited character.
• The Court emphasized that the prosecutor has the right to represent the interests of the state in court only in exceptional cases clearly defined by law.

Clarity in Legislation

The Court noted that it is necessary for the law to establish clear criteria and procedures for the prosecutor's representation of the interests of the state in court, in order to avoid abuses and violations of constitutional boundaries of power.

• The decision will come into effect on January 1, 2027, but will not apply to existing legal relationships regarding the representation by the prosecutor.
• The Court emphasized the importance of the continuity of the functions of the prosecutor's office to ensure the stability of law and order in the state, particularly in conditions of martial law.

'It is necessary for such cases to be established by law and to be objectively exceptional, clearly limited.'

'Legislation must prevent the prosecutor's arbitrariness in representing the interests of the state in court.'

The decision made by the Constitutional Court establishes restrictions on the functions of the prosecutor’s office in court, emphasizing the importance of clear criteria and procedures for representing the interests of the state by the prosecutor to avoid abuses and violations of constitutional norms of power.