Some issues of prosecutor’s participation in proceedings on administrative offences: based on the European Court of Human Rights case law

The scientific work focuses on reviewing the works of scholars who have studied various aspects implementation judgments European Court Human Rights. However, issues human rights protection and observance principle competition during consideration an administrative offence case remain unaddressed.
 A analysis has been made positions Rights with regard to fundamental in proceedings offences, involvement prosecutor a view ensuring that parties are competitive fulfils his/her main purpose under law, which is supervise compliance correct application provisions current legislation.
 It proved as result amendments Constitution Ukraine, it was excluded Section VII “Prosecution” supplemented VIII “Justice” new Article 131-1. Therefore, Ukrainian constitutional legal order, prosecutor’s office institution performing function criminal prosecution structurally integrated into general system justice. Considering place role prosecutor's defined title Ukraine “Justice”, this indicates special status power enshrined, there functional link between court office, forms basis directly affects practical activities public power.
 Based review law enforcement practice, noted need revise approach cases (under 130 Code Administrative Offences) context law.
 proposed amend supplement Offences persons involved establish appropriate procedural process.