SPECIALIZATION OF THE PROSECUTION SERVICE OF UKRAINE UNDER MARTIAL LAW: EVOLUTION OF THE MODEL, LEGAL CHALLENGES, AND PROSPECTS

Abstract

The article provides a comprehensive historical,
legal, and institutional analysis of the evolution of
prosecutorial specialization in Ukraine under martial
law, examined through the prism of the constitutional
model of prosecutorial functions, organizational
reforms, and contemporary security challenges
caused by the armed aggression of the Russian
Federation. It substantiates that prosecutorial
specialization represents an objective response to the
increasing complexity of criminal proceedings, the
growing workload of law enforcement bodies, and the
necessity to ensure consistency of prosecutorial
practice in sensitive areas, particularly within the
military and defense sectors. The study covers the key
stages of prosecutorial reform in 2014-2016 and
2019-2021 and assesses the impact of the introduction
of martial law on 24 February 2022 on the internal
mechanisms of specialization within the prosecution
service.
The article demonstrates that the current
prosecutorial system in Ukraine encompasses two
coexisting models of specialization: an institutionally
entrenched model, exemplified by the Specialized AntiCorruption Prosecutor’s Office, and a functional
model shaped by managerial decisions within a
unified prosecutorial vertical. It is argued that the
absence of a legislatively defined typology of
specialized prosecutors’ offices, fragmentation of
investigative jurisdiction, and excessive reliance on
subordinate regulatory acts generate risks of
overlapping competences, fragmented practice, and
erosion of institutional memory. Particular emphasis
is placed on defense-oriented specialization, which
has gained decisive importance under wartime
conditions as a key mechanism for responding to war
crimes, military offenses, and criminal conduct related
to defense procurement and security.
The article further explores the constitutional
and legal limits of prosecutorial specialization, taking
into account the decision of the Constitutional Court
of Ukraine of 3 December 2025 concerning the
representation of state interests in court, which
significantly affects the scope and implementation of
certain prosecutorial functions. On this basis, the
author formulates a set of system-oriented recommendations aimed at enhancing legal certainty
in the regulation of specialized prosecution,
preventing duplication of powers, standardizing
interagency interaction within the security and
defense sector, strengthening the staffing stability of
specialized units, and aligning internal prosecutorial
regulations with constitutional requirements. The
study concludes that effective prosecutorial
specialization under martial law can only be achieved
through a balanced combination of institutional
flexibility, legal certainty, uniform standards of
practice, and robust guarantees of prosecutorial
independence.
Keywords: martial law; military justice; war
crimes, prosecutorial reform; organizational model of
the prosecution service; specialized prosecution in the
defense sector; procedural guidance; prosecution
service; specialized prosecution.