The Prosecutorial Oversight Function in the Field of Administrative Law Compliance by Public Administration Bodies

Abstract

The purpose of the article is to examine the oversight function of the prosecution service in the context of ensuring compliance with administrative law by public administration bodies. The study applies methods of systems analysis, the formal-legal method, and a comparative legal approach, which together enable a comprehensive understanding of the nature of prosecutorial control in the sphere of public governance. The article analyzes the current legislation of Ukraine regulating the functioning of the prosecution service, as well as the practical application of such regulations in interactions with executive authorities and local self-government bodies. It is established that despite the ongoing reform of the prosecution authorities, the mechanisms of their influence on public power entities remain relevant and require further improvement. The article outlines the forms of implementation of the oversight function and identifies common violations of administrative law recorded in prosecutorial practice. Special attention is given to the effectiveness of implementing prosecutorial response measures, particularly submissions and demands, and to ways of strengthening the impact of the prosecution service under democratic governance. The relationship between prosecutorial oversight powers and citizens’ right to proper administrative service is revealed, as enshrined in both national legislation and international legal standards (the Constitution of Ukraine, the Law of Ukraine “On the Public Prosecutor’s Office,” the European Charter of Local Self-Government) [1; 2; 3]. Based on the findings, a series of recommendations are proposed to improve legislation regarding prosecutorial supervision over the activities of public administration bodies. In particular, emphasis is placed on the need to enhance the legal certainty of prosecutorial control procedures and to ensure the mandatory consideration of prosecutorial acts by public authorities [4; 5].