Reform of the procuracy

View of steps and events

Оберіть період часу і дізнайтеся які події та рішення відбулися вже і які ще попереду

Reform of the procuracy

The reform of the prosecution service still is one the Ukrainian obligation before the Council of Europe that has not been fulfilled yet. In 1995 upon application to join the Council of Europe Ukraine undertook obligations to transform it in order to meet European standards.
Unfortunately, the powers of the prosecution do not meet the requirements not only the European standards, but even of the Constitution of Ukraine. So far, along with the investigation function, prosecutors oversee compliance and application of laws. 
The main European standards in the field of public prosecution (prosecution) are formed by the institutions of the Council of Europe. Unfortunately, the Ukrainian model is still Soviet and does not meet European standards. Ukrainian prosecutors remain a powerful instrument in the hands of political power.
This site demonstrates monitoring of the movement of Ukraine towards European standards.

Related recommendations

67
Eliminate the prosecutorial function of exercising general oversight of legality.
68
Eliminate the function of prosecution service to provide general protection of human rights, instead strengthening the ombudsman’s role in this regard.
69
Review the role of the prosecution service in representing the individuals in court, notwithstanding the wishes of such individuals. Should this function be retained, the role of the prosecutor should be only subsidiary, and the individual should be able to refuse this representation.
70
Provide for the possibility of judicial control over all measures taken by prosecutors which cause an interference in the fundamental rights and freedoms of a person, including all functions carried out outside the sphere of criminal prosecution.
71
Eliminate the authority of prosecutors to make an appeal or cassation appeal and to file a petition for review of court judgments in civil, administrative and commercial cases, in the instances where a prosecutor has not been involved in any proceedings leading to those judgments.
72
Provide that a prosecutor can represent the interests of an individual or of other state bodies only after having presented justification for his intervention and after the acceptance of these grounds by the court (assuming the representation function of the prosecution service is retained).
73
The obligation of prosecutors to reason their actions and to make these reasons open for persons or institutions involved or interested in the case should be prescribed by law.
74
Ensure participation of the prosecution service in the elaboration of its budget. The procedure for adopting the budget of the prosecution service in the parliament should provide for taking into consideration the opinion of the prosecution service itself.