What does the prosecutor do in court?

The prosecutor represents the side of the prosecution, which is provided for by the Constitution of Ukraine, where Article 1311 of the Constitution of Ukraine states that maintaining a public accusation in court by the prosecutor has the status of one of the main principles of judicial proceedings.

In accordance with Article 22 of the Law of Ukraine "On the Prosecutor's Office", the prosecutor supports the state prosecution in court proceedings regarding criminal offenses, exercising the rights and fulfilling the duties provided for by the Criminal Procedure Code of Ukraine.

According to Article 36 of the Criminal Code of Ukraine, the prosecutor, exercising his powers in accordance with the requirements of the Criminal Code of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. State authorities, local self-government bodies, enterprises, institutions and organizations, officials and other natural persons are obliged to comply with legal requirements and procedural decisions of the prosecutor.

The prosecutor, supervising the observance of laws during the pre-trial investigation in the form of procedural guidance of the pre-trial investigation, exercises the powers provided for in the second part of Article 36 of the Criminal Procedure Code of Ukraine.

The participation of the prosecutor in the court is mandatory, except for the cases stipulated by the Code of Criminal Procedure of Ukraine.

The right to submit an appellate or cassational complaint, applications for review of a court decision based on newly discovered or exceptional circumstances, regardless of their participation in the court proceedings, also has the right to high-level prosecutors: the Prosecutor General, his first deputy and deputies, the head of the regional prosecutor's office, his first deputy and deputies.

The Prosecutor General, the head of the regional prosecutor’s office, their first deputies and deputies have the right to supplement, change or refuse an appeal or cassation complaint, an application for review of a court decision based on newly discovered or exceptional circumstances, submitted by them, heads, first deputies or deputy heads or prosecutors of lower prosecutor’s offices equal.