KS has begun a legal investigation about powers of the public prosecutorToday, on February, 20th, the Constitutional court of Ukraine (KS) has begun a legal investigation on the constitutional representation of the State Office of Public Prosecutor about official interpretation of positions ch. 2 items 122 of the Constitution and ch. 3 items 2 of the law “ About Office of Public Prosecutor “ concerning an order of application of positions which define a term of appointment of the general public prosecutor.
as the author of representation marks, necessity for official interpretation of these positions of laws is caused by that the Constitution defines a different order of appointment, dismissals of officials in the state, and also conditions, terms of passage by them of public service and realisation of powers. And approach and the termination of these events is caused by the various legal facts.
also the State Office of Public Prosecutor asks to explain, whether can established by the Constitution and the law “ About Office of Public Prosecutor “ The term of appointment of the general public prosecutor to interrupt, stop or proceed. According to the author of representation, in connection with special order of appointment and dismissal of the public prosecutor the moment of the termination 5 - summer term and the edition of corresponding legal certificates the president of Ukraine can not coincide.
Besides, by the current legislation it is not settled, whether the public prosecutor before actual dismissal in connection with the term termination to which it is appointed, and who and on what basis of the certificate executes during this period of power of the public prosecutor can carry out the powers.