Нагляд прокурора за додержанням Конституції та законів України органами та підрозділами, що проводять контррозвідувальну діяльність: законодавчий та суб’єктивний аспект

Based on the analysis of the state of normalization of the process of organizing and exercising oversight by the prosecutor’s office of compliance with the Constitution and laws of Ukraine during counterintelligence activities, by bodies and units that have the right to carry out such activities, in particular the laws of Ukraine “On National Security of Ukraine”, “On Operational and Investigative Activities”, “On Counterintelligence Activities”, “On the Prosecutor's Office”, “On Intelligence”, the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine, significant inconsistencies in the legislation were identified and appropriate changes were proposed. The authors of the scientific article considered certain assumptions of representatives of individual state bodies of Ukraine regarding the validity of doubts in the presence of the prosecutor’s legislative powers to exercise oversight of compliance with the Constitution and laws of Ukraine during counterintelligence activities, which was carried out, based on the results of the analysis of the legislation of Ukraine in force at the time of preparation of the scientific publication, regarding the existing legal regulation of the prosecutor’s supervision over the conduct of counterintelligence activities.