ORGANIZATIONAL AND LEGAL FOUNDATIONS OF THE ACTIVITIES OF SPECIALIZED DEFENSE PROSECUTOR’S OFFICES UNDER MARTIAL LAW

Abstract

The study is devoted to the analysis of the current state, legal status, and functional specifics of specialized defense prosecutor’s offices in Ukraine. Particular attention is paid to the structure of these bodies, their hierarchical subordination, and their place within the general system of the Prosecutor’s Office of Ukraine. It is noted that the activities of defense prosecutor’s offices take place in the absence of a separate dedicated law and are primarily based on the orders of the Office of the General Prosecutor (OGP). Ukraine is currently transforming its military justice system by creating specialized defense prosecutor’s offices as an adaptive response to the challenges of aggression. However, the current model, in which the status of these units is determined by sub-legislative acts of the OGP rather than a specialized law, creates risks of legal uncertainty and jurisdictional conflicts, which has already been confirmed by the Supreme Court’s practice (particularly regarding the limitation of representation exclusively to the “defense” sphere). These challenges reinforce the idea that while the specialization of the prosecutor’s office enhances its efficiency, it requires harmonization with international standards. In this context, the legislative consolidation of the principle of functional specialization as an independent foundation is highly relevant. This would not only clarify the system of principles governing specialized prosecutor’s offices but also provide prosecutors with enhanced guarantees of procedural autonomy and independence in cases of strategic importance for the defense sector. To ensure the institutional sustainability of this body, it is deemed necessary: firstly, to legislatively secure the status of specialized defense prosecutor’s offices in the Law “On the Prosecutor’s Office” or a specialized act; secondly, to synchronize the specialization of the prosecution with the judicial system (through the creation of military courts or specialized judicial chambers); thirdly, to implement international standards of independence (CCPE) to protect military prosecutors from departmental pressure. A full-scale reform of military justice is the only path toward legitimate and effective justice under wartime conditions, ensuring compliance with the principle of legal certainty and an adequate level of national security protection.