DISMISSAL OF PROSECUTORS IN THE EVENT OF LIQUIDATION OR REORGANISATION OF THE PROSECUTION BODY OR REDUCTION OF THE NUMBER OF PROSECUTORS IN THE PROSECUTION BODY: CONSTITUTIONAL AND JURISDICTIONAL ASPECT

The article examines the problematic aspects of dismissal of prosecutors on the grounds of liquidation or reorganisation of the prosecution body or reduction of the number of prosecutors in the prosecution body in the constitutional and jurisdictional aspect. The purpose of the article is to highlight the problematic aspects of legislative regulationof dismissal of prosecutors from their positions on the grounds of liquidation or reorganization of the prosecution body in which the prosecutor holds a position, or in case of reduction of the number of prosecutors in the prosecution body, through the prism of the relevant practice of the Constitutional Court of Ukraine, and also to outline the legislative prospects for the development of this legal institution. The author notes that one of the recent decisions of the court of constitutional jurisdiction declared unconstitutional paragraph 9 of part one of Article 51 of the Law of Ukraine ‘On thePublic Prosecution Service’, which regulates the following grounds for dismissal of a prosecutor from office: in case of liquidation or reorganisation of the prosecution body in which the prosecutor holds a position, or in case of reduction of the number of prosecutors in the prosecution body, and also recognised the need to postpone the expiry of this legislative provision, which is justified by the need to ensure the effective functioning of the public prosecution service and to provide the Verkhovna Rada of Ukraine with a period of time to introduce relevant legislative changes. The author establishes that in the absence of a legal position of the court of constitutional jurisdiction on the constitutionality of the priority measures for reforming the prosecution authorities in 2019, the problematic aspects of their staffing reset are addressed in the Decisions of the Constitutional Court of Ukraine on constitutional complaints of interested parties regarding the constitutional guarantees of prosecutor’s independence. In such decisions, the court of constitutional jurisdiction declared unconstitutional the following legislative provisions: 1) empowering the Verkhovna Rada of Ukraine to adopt law enforcement acts in the procedure of dismissal of a particular prosecutor or all prosecutors from their positions, in particular by means of personal warning by law of possible future dismissal; 2) empowering the Cabinet of Ministers of Ukraine to regulate the remuneration of prosecutors; 3) according to which a prosecutor’s stay on sick leave due to temporary disability is not an obstacle to his or her dismissalfrom the position of a prosecutor. The author proves the conceptual possibility of compensation by labor legislation for the provisions of the Law of Ukraine ‘On the Public Prosecutor’s Office’ which have been declared unconstitutional, given the established conceptual position that labor legislation is applicable in cases where special legislation does not regulate disputed legal relations or when a speciallaw provides for such a regulation. The author proposes relevant amendments to legislation and identifies the prospects for further development of legislation in the field of the issues under study.