Prosecutor's participation in the enforcement of court decisions by law of Ukraine

In this paper the most pressing issues concerning the procedural status and functions of the prosecutor in the enforcement of court decisions in criminal proceedings in Ukraine are presented for this stage of proceedings has not been sufficiently investigated yet, and the status of the participants of this stage, including the prosecutor, remains undetermined. The Constitution of Ukraine, the Law "On Prosecutor's Office" as well as the orders of the Prosecutor General state the functions and powers of the prosecutor in the actual execution of the sentence. Whereas in the current legislation there is no mentioning of the status and powers of the prosecutor in the enforcement of court decisions as the final stage of proceedings, at which a large number of issues are settled judicially that arise in the execution of the sentence and after it. The prosecutor is only mentioned as a participant in the proceedings at this stage. Accordingly, in practice there are a lot of questions about the function the prosecutor performs when participating in the court hearings, about the point the prosecutor can start executing powers at this stage of proceedings, and whether this participation mandatory. This predetermined the relevance of the topics that are discussed in this paper, as it highlights the most problematic issues that concern the participation of the prosecutor in criminal proceedings when solving the tasks of execution of court decisions, analyzes current legislation that regulates these issues, and on this basis grounds the proposals on how to improve them.

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