Review

Comprehensive reform of the criminal process in Ukraine today necessarily involves identifying and improving the mechanisms of counteracting abuse of law by the prosecutor, which is a form of realization of the prosecutor’s rights, which impedes the normal procedural activity of the participants in the criminal process (with direct or indirect intention) leading to the significant difficulties in the realization of their legitimate rights and interests, the unjustified complication (delay) of the process, as well as to the obstruction of the lawful activity of the court, the defense counsel, other participants in the criminal process by lawful methods, but which, however, violate the integrity and order of the process.

The purpose of this article is to provide a comprehensive analysis of the problem of abuse of law by the prosecutor in the criminal process, identification the main manifestations of such abuses, as well as development of the proposals and recommendations for the elimination of abovementioned.

The study of the problem of abuse of law by the prosecutor is actual in view of the spread of procedural abuses in practice, which determines the need to combat such negative manifestations. In addition, current criminal procedure law does not contain generally accepted and established criteria for abuse of law, which results in difficulties in applying procedural enforcement measures to the person.

The author considers and analyzes scientific approaches to the concept of "abuse of law" for the purpose of its comprehensive study. As a result of the analysis of the various scientists’ positions, the most general definition of the concept of "abuse of the law" was determined. Such definition takes into account the main aspects of such concept.

The author analyzes the main manifestations and forms of abuse of law by the prosecution, in particular, the late submission of the indictment to court; providing with serious delays the necessary written instructions to the authorities conducting operational search activities, inquiries and pre-trial investigation, non-observance of the time limits when making procedural decisions, and others. The problematic moments of the separate forms of abuse of law by the prosecutor are characterized.

As a result of the study, author proposes the ways of counteracting abuse of law by the prosecutor in the criminal process. Among others, the following ways of counteracting abuse of law by the prosecutor are outlined: amendments to the current legislation, expansion of judicial control; canceling decisions in which abuse of law was detected; the renewal of rights, violated by such abuse.

Keywords: abuse of law, offense, prosecutor, criminal process.