of November 5, 1991 No. 1789-XII
About prosecutor's office
Public prosecutor's supervision of observance and the correct application of the Laws by the Cabinet of Ministers of Ukraine, the ministries, and other Central executive bodies by bodies of the public and economic board and control, Council of Ministers of the Autonomous Republic of Crimea, local councils, their executive bodies, military units, political parties, public organizations, grass-roots movements, the companies, organizations and the organizations, irrespective of patterns of ownership, subordinations and accessories, officials and citizens are performed by the Attorney-General of Ukraine and prosecutors subordinated to it.
The Attorney-General of Ukraine is appointed to position in the consent of the Verkhovna Rada of Ukraine and dismissed by the President of Ukraine. The Attorney-General of Ukraine at least once a year informs the Verkhovna Rada of Ukraine on legality condition. The Verkhovna Rada of Ukraine can express no confidence in the Attorney-General of Ukraine that it attracts his resignation from position.
The Attorney-General of Ukraine is dismissed also in case:
the expirations to which it is appointed;
impossibility to perform the powers for health reasons;
violations of requirements about incompatibility;
introductions in legal force of conviction against it;
terminations of his nationality;
filing of application about dismissal at own will.
The Attorney-General of Ukraine is dismissed also for other reasons
Term of office of the Attorney-General of Ukraine and the prosecutors subordinated to it - five years.
Powers of prosecutors, the organization, the beginnings and procedure for activities of prosecutor's office are determined by the Constitution of Ukraine, this Law, other legal acts.
Bodies of prosecutor's office in accordance with the established procedure within the competence resolve the questions following from public rules of international law, and also interstate agreements signed by Ukraine.
Activities of bodies of prosecutor's office are directed to every possible approval of rule of law, strengthening of law and order and have the task protection against illegal encroachments:
1) independence of the republic, the social and political system, political and economic systems, the rights of national groups and territorial educations set by the Constitution of Ukraine;
2) guaranteed by the Constitution, other laws of Ukraine and the international legal acts of the social and economic, political, personal rights and freedoms of man and citizen.
3) bases of the democratic device of the government, legal status of local councils, bodies of self-organization of the population.
The prosecutor's office of Ukraine constitutes single system to which according to the Constitution of Ukraine and this Law the following functions are assigned:
1) maintenance of crown case in court;
2) representation of interests of the citizen or the state in court in the cases determined by the law;
3) supervision of compliance with laws by the bodies which are carrying out operational search activities, inquiry, pretrial investigation;
4) supervision of compliance with laws in case of execution of judgments on criminal cases, and also in case of application of other measures of forced nature connected with restriction of personal liberty of citizens.
Accomplishment of the functions which are not provided by the Constitution of Ukraine and this Law cannot be assigned to prosecutor's office.
Bodies of prosecutor's office of Ukraine:
1) constitute single centralized system which is headed by the Attorney-General of Ukraine, with subordination of subordinate prosecutors higher;
2) is performed by the powers based on observance of the Constitution of Ukraine and the laws existing in the territory of the republic, irrespective of any public authorities, officials, and also decisions of public associations or their bodies;
3) also freedoms of citizens on the basis of their equality before the law, irrespective of national or social origin, language, education, the relation to religion, political convictions, official or property status and other signs protect within the competence the rights;
4) take measures to elimination of violations of the law from whom they would not proceed, to recovery of the violated rights and attraction in the procedure established by the law to responsibility of persons which allowed these violations;
5) are effective publicly, inform state bodies of the power, the public on condition of legality and measures for its strengthening, will promulgate and provide information on requests according to the Law of Ukraine "About access to public information".
Prosecutors cannot belong to any political parties or movements.
Intervention of public authorities and local government bodies, officials, mass media, social and political organizations (movements) and their representatives in activities of prosecutor's office for supervision of compliance with laws or for investigation of the acts containing essential elements of offense is forbidden.
Impact in any form on the prosecutor with the purpose to prevent execution of service duties by it or to achieve adoption of the unequal decision attracts the responsibility provided by the law.
Addresses of public agents, other officials to the prosecutor concerning the specific cases and materials which are in production of prosecutor's office do not may contain any instructions or requirements concerning results of their decisions.
Nobody has the right without the permission of the prosecutor to disclose data of checks and pre-judicial investigation before their termination.
Legal requirements of the prosecutor, are obligatory for all bodies, the companies, organizations, the organizations, officials and citizens and are performed instantly or in the terms provided by the law or determined by the prosecutor.
The statistical and other information or their copies necessary for implementation of public prosecutor's supervision or investigation are issued upon the demand of the prosecutor free of charge.
Evasion from accomplishment of legal requirements of the prosecutor pulls for itself the responsibility provided by the law.
Officials and citizens shall be on challenge of the prosecutor and offer explanations on the circumstances which are found out by public prosecutor's check. In case of evasion from arrival the official or the citizen under the resolution of the prosecutor can be brought compulsorily by bodies of militia.
The Attorney-General of Ukraine, his deputies have the right to participate in meeting of the Supreme Council of Ukraine, and its bodies, the Cabinet of Ministers of Ukraine, boards of the ministries, and other central executive bodies.
The Attorney-General of Ukraine, the prosecutor of the Autonomous Republic of Crimea, their deputies have the right to participate in meetings of the Supreme Council of the Autonomous Republic of Crimea, and its bodies, Council of Ministers of the Autonomous Republic of Crimea of boards of the ministries, committees, and departments of the Autonomous Republic of Crimea, and also local councils, their executive committees, commissions, other governing bodies.
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