The Public Prosecutor’s Office is a unified system, which pursuant to the Constitution of Ukraine and Ukrainian laws (On the Prosecutor’s Office) shall perform prosecution and representation functions.
According to Chapter VII, Article 121 of the Constitution of Ukraine the Prosecutor’s Office is entrusted with:
- prosecution in court on behalf of the State;
- representation of the interests of a citizen or of the State in court in cases determined by law;
- supervision of the observance of laws by bodies that conduct detective and search activity, inquiry and pre-trial investigation;
- supervision of the observance of laws in the execution of judicial decisions in criminal cases, and also in the application of other measures of coercion related to the restraint of personal liberty of citizens;
- supervision of the observance of human and citizen rights and liberties, conformance to the laws thereon by executive and local authhorities, their officers and employees.
Article 5 of current law of Ukraine ‘On the Prosecutor’s Office’ entrusts the Prosecutor’s Office with only four functions (except for the last one) thus creating a conflict of laws, as the Constitution gives the Prosecutor’s Office more rights than the specific law. The Constitution prevails over the law.