HISTORY OF THE FORMATION AND TRANSFORMATION OF THE SPECIALIZED PROSECUTOR’S OFFICE IN THE FIELD OF DEFENCE OF UKRAINE (1991–2025): PROBLEMS AND PROSPECTS

Abstract

The article analyzes the formation and
development of the Specialized Prosecutor’s Office in
the field of defence of Ukraine from 1991 to 2025
through the prism of the evolution of the constitutional
model of prosecutorial functions, reforms of the law
enforcement system, and transformations of military
justice. Particular attention is paid to the correlation
between constitutional principles, sectoral legislation,
and institutional practices in the context of democratic
governance and the rule of law. The key stages of
institutional transformation-from formation and
stabilization to liquidation, restoration, and
subsequent functional reconfiguration-are examined,
as well as their impact on ensuring legality, military
discipline, and the protection of human rights within
the security and defence sector under conditions of
armed aggression and martial law.
It is substantiated that the full-scale war has
significantly exacerbated long-standing systemic
problems within criminal justice in the military
sphere, including institutional fragmentation,
overlapping competences, and weakened procedural
coherence. These challenges have highlighted the
objective need for professional and functional
specialization of prosecutors dealing with crimes
committed in the defence sector. The article identifies
the main legal, organizational, and staffing-related
challenges of the current model of the Specialized
Prosecutor’s Office in the field of defence, such as
incomplete regulatory frameworks, the absence of
specialized military courts, insufficient coordination
with investigative bodies, and кадрові дисбаланси,
спричинені воєнним станом.
The prospects for further development of the
Specialized Prosecutor’s Office are outlined with due
regard to international experience, NATO standards,
and the concept of the «military justice triad»,
emphasizing the necessity of a comprehensive,
institutionally balanced, and constitutionally
consistent model of military justice in Ukraine.
Keywords: military justice; war crimes; military
crimes; prosecution reform; Specialized Prosecutor’s
Office in the field of defense; status of a prosecutor;
prosecution service; law and order