PRINCIPLES OF ACTIVITY OF THE PROSECUTOR OF THE SPECIALIZED PROSECUTOR'S OFFICE IN THE SPHERE OF DEFENSE

Abstract

The proper functioning of the Specialized
Prosecutor's Office in the field of defense, its
effectiveness and efficiency depend to a large extent
on the strict observance of the principles of its activity
defined by legislation. The article examines the key
principles on which the work of the prosecutors of the
specified specialized prosecutor's office is based.
Particular attention is paid to the principles of the rule
of law, legality, independence, political neutrality,
territoriality and other basic principles of the
organization and functioning of prosecutors of the
Specialized Prosecutor's Office in the field of defense.
The normative and legal consolidation of these
principles in the laws of Ukraine "On the Prosecutor's
Office", "On the National Security of Ukraine" and
other acts have been analyzed. Their content, essential
features and peculiarities of implementation in the
field of state defense are determined. The practice of
applying the specified principles by the prosecutors of
the Specialized Prosecutor's Office during the
performance of their functions of supervising the
observance of laws in the Armed Forces and other
military formations was considered.
Problematic issues that arise in the course of
implementing the principles of activity of military
prosecutors, in particular, ensuring their political
neutrality, territoriality and efficiency during an
armed conflict, are highlighted. Attention is drawn to
the peculiarities of the application of a number of
principles in the conditions of martial law in Ukraine.
A comparative analysis of the principles of
organization and activity of specialized prosecutor's
offices in the field of defense in foreign countries was
carried out. Ways to improve legal regulation and
practice of implementing the principles of the
Specialized Prosecutor's Office in Ukraine, taking into
account the best international experience, are
proposed.
The article emphasizes the fundamental
importance of the principles of activity to ensure the
effective functioning of the Specialized Prosecutor's
Office in the field of defense. Adherence to principles
such as the rule of law, legality, independence,
impartiality, unity and centralized leadership is a necessary prerequisite for military prosecutors to
exercise their mandate.
The issue of ensuring the principle of political
neutrality of prosecutors' activities in the military
sphere is highlighted separately. Challenges and
threats to the impartiality of military prosecutors in
the conditions of armed conflict, aggravation of the
socio-political situation and information
confrontation are analyzed.
Considerable attention is paid to the principle of territoriality in the implementation of the functions of the Specialized Prosecutor's Office. Peculiarities of its application during the supervision of compliance with the law in areas of hostilities, territories temporarily occupied by the enemy, etc. are being studied.

Key words: principle, principle of activity, prosecutor, prosecutor of the Specialized Prosecutor's Office in the field of defense, principle of prosecutor's activity.