Principles of Strategic Planning in the Prosecution Service

Abstract

The article provides a scientific-theoretical and regulatory-practical analysis of the principles of strategic planning within the prosecution service of Ukraine, based on existing departmental strategies and national-level strategic documents. It examines the current approaches to introducing strategic planning into prosecutorial activity through the adoption of medium-term development strategies and outlines the role of such strategies as instruments of institutional governance in the context of European integration and the reform of the justice system.

The study analyzes the correlation between departmental strategies of the prosecution service and national strategic documents (the Roadmap on the Rule of Law, the Ukraine Facility, the Comprehensive Strategic Plan for Reforming Law Enforcement Agencies, etc.), as well as with European soft law standards (Better Regulation, opinions of the Consultative Council of European Prosecutors). It identifies the existence of different methodological models of strategic planning within the unified system of the prosecution service (results-oriented and institutional-reform models), which indicates the absence of unified standards for strategic planning.

It is substantiated that certain measures contained in departmental strategies go beyond the competence of prosecutorial authorities and depend on legislative amendments, which reduces their enforceability and institutional accountability. The practice of classifying the prosecution service as part of the security and defense sector within certain strategic documents is critically assessed as contradicting its constitutional status as an institution of the justice system.

Proposals are formulated regarding the necessity of adopting a special Law on the Principles of State Strategic Planning, which should establish the hierarchy of strategic documents, define a special regime of strategic planning in the field of justice, guarantee the institutional independence of the prosecution service, and ensure the participation of prosecutorial governance/self-governing bodies in the development and monitoring of strategies.