Deyak I. Constitutionalization of prosecutorial bodies: modern doctrinal approaches

The author has studied the theoretical, methodological and doctrinal aspects of the constitutionalization of the prosecutor's office in the context of its formation as a subject of human rights protection. A comprehensive analysis of the category of «constitutionalization» as a paradigm for the development of the modern legal system has been carried out, its correlation with the concept of «constitutionalism» has been revealed. It has been established that constitutionalization appears as a dynamic process of introducing constitutional principles into all spheres of legal life, forming a new dominant way of thinking about law. The scientific approaches to the transformation of the legal status of the prosecutor's office in the system of distribution of state power from the Soviet model to the modern vision of the prosecutor's office as an important element of the system of checks and balances have been analyzed. Five main concepts of the institutional positioning of the prosecutor's office have been studied and the optimality of the approach according to which the prosecutor's office should function as an independent state institution has been substantiated. The constitutional dimension of the transformation of the functions of the prosecutor's office in the context of the constitutional reform of justice in 2016 is revealed. Particular attention is paid to the analysis of the functions of supporting public prosecution, procedural management of pre-trial investigations and representation of the interests of the state in court. Problematic aspects of their constitutional formulation and practical implementation are investigated. The features of the constitutionalization of the prosecutor's office as a subject of human rights protection are highlighted through the prism of its interaction with other law enforcement agencies, courts, the Ombudsman and civil society institutions. It is substantiated that such cooperation creates a multi-level system of legal protection, where the prosecutor's office ensures legality and justice in social relations. Based on the analysis of the legal doctrine, ways of improving the constitutional and legal regulation of the status of the prosecutor's office as a human rights institution and mechanisms for increasing the effectiveness of its activities in the field of human rights protection are proposed. Promising directions for further constitutionalization of prosecutor's offices in accordance with European standards and national peculiarities of the legal system of Ukraine have been identified.