In this article the changes to Constitution of Ukraine which are related to justice and provide the constitutional function of supporting the accusation during the trial are analyzed. Analysis of the concept of «public accusation» in context with international experience was made. Relation between state and public interests in criminal proceedings It was proved, that accusation which is supported by prosecutor during the court does mean that the activity of prosecution office is inclined to guarantee the security of public interests, what fully represents a basis of rule of law and correlate with purpose of criminal proceedings, determined in 2 article of Criminal Procedural code of Ukraine.