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LAW OF UKRAINE

of October 14, 2014 No. 1697-VII

About prosecutor's office

(as amended on 05-02-2021)

This Law determines the legal basis of the organization and activities of prosecutor's office of Ukraine, the status of prosecutors, procedure of public prosecutor's self-government, and also system of prosecutor's office of Ukraine.

Section I of the Basis of the organization and activities of prosecutor's office

Article 1. Prosecutor's office

1. The prosecutor's office of Ukraine constitutes single system, according to the procedure, provided by this Law, performs the functions established by the Constitution of Ukraine for the purpose of protection of human rights and freedoms, interests of society and the state.

Article 2. Functions of prosecutor's office

1. The following functions are assigned to prosecutor's office:

1) maintenance of crown case in court;

2) representation of interests of the citizen or the state in court in the cases determined by this Law and Chapter 12 of the Section III of the Code of civil procedure of Ukraine;

3) supervision of compliance with laws by bodies which carry 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.

2. For the purpose of realization of the functions the prosecutor's office performs international cooperation.

3. The functions which are not provided by the Constitution of Ukraine cannot be assigned to prosecutor's office.

Article 3. Principles of activities of prosecutor's office

1. Activities of prosecutor's office are based on the principles:

1) supremacy of law and recognition of the person, his life and health, honor and advantage, immunity and safety the highest social value;

2) legality, justice, impartiality and objectivity;

3) territorialities;

4) presumptions of innocence;

5) independence of prosecutors, providing existence of guarantees from illegal political, material or other impact for the prosecutor concerning adoption of decisions by it on duty;

6) political neutrality of prosecutor's office;

7) inadmissibility of illegal intervention of prosecutor's office in activities of bodies of legislative, executive and judicial authority;

8) respect for independence of judges, the providing prohibition of the public statement of doubts in pravosudnost of judgments out of the procedure of their appeal according to the procedure, provided by the procedural law;

9) transparency of activities of prosecutor's office that is provided with open and competitive holding the post of the prosecutor, open entry to information of help nature, provision on information requests if the law does not set restrictions concerning its provision;

10) strict observance of requirements of professional ethics and behavior.

Article 4. Legislation on prosecutor's office and status of prosecutors

1. The organization and activities of prosecutor's office of Ukraine, the status of prosecutors are determined by the Constitution of Ukraine, it and other laws of Ukraine existing with international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 5. Implementation of functions of prosecutor's office only prosecutors

1. Functions of prosecutor's office of Ukraine are performed only by prosecutors. Delegation of functions of prosecutor's office, and also assignment of these functions by other bodies or officials is not allowed.

Article 6. Informing on activities of prosecutor's office

1. Bodies of prosecutor's office at least two times a year inform society on the activities by messages in mass media.

2. The Attorney-General annually till April 1 submits to the Verkhovna Rada of Ukraine the activities report of prosecutor's office which shall contain information relatively:

1) statistical and analytical data on accomplishment of the functions assigned to prosecutor's office;

2) the actual number of bodies of prosecutor's office by the number of prosecutors, government employees, other workers, increase in their qualification, passing of special preparation, activities of the Training center of prosecutors of Ukraine;

3) ensuring independence of prosecutors, in particular, the number of the messages on threat of independence of the prosecutor which arrived in Council of prosecutors of Ukraine, and information of the decisions which are rather made according to such messages;

4) law enforcement and respectability in activities of prosecutor's office, in particular:

the number of the inspections of respectability of prosecutors which are carried out by divisions of internal security and information on the decisions made on such checks;

the number of the made office investigations, information concerning occasions and the bases for their appointment and carrying out and concerning the made decisions by results of conducting such office investigations;

the number of addresses and legal cases about compensation by the state of the harm done by illegal decisions, actions or failure to act of the prosecutor, and the extent of such loss indemnified by the state for the accounting period and also the number of legal cases of rather return requirement of the state to prosecutors and the amount of means demanded according to the return requirements of the state met by court;

the number of disciplinary claims concerning prosecutors, information of rather made decisions by results of consideration of such claims, in particular, the number of decisions on availability of minor offenses of prosecutors and the imposed (applied) authority punishments;

5) estimates of bodies of prosecutor's office and their accomplishment;

6) ensuring activities of bodies of public prosecutor's self-government;

7) the data specified in Items 1 - the 5th this part concerning activities of Specialized anti-corruption prosecutor's office;

8) other data concerning results of activities of prosecutor's office.

The Attorney-General personally reports on activities of bodies of prosecutor's office to the Verkhovna Rada of Ukraine at plenary meeting.

3. Heads of regional and district prosecutor's offices at the open plenary session of the relevant council to which representatives of mass media are invited at least two times a year inform the population of the corresponding administrative and territorial unit on results of activities in this territory by provision of the generalized statistical and analytical data.

4. Information on activities of prosecutor's office will be promulgated in nation-wide and local mass media and on official websites of bodies of prosecutor's office.

5. Bodies of prosecutor's office will promulgate the regulatory legal acts issued by them concerning the organization and activities of prosecutor's office of Ukraine according to the procedure, established by the law.

Section II Organizational bases of system of prosecutor's office

Article 7. System of prosecutor's office of Ukraine

1. The system of prosecutor's office of Ukraine is constituted:

1) Office of the Attorney-General;

2) regional prosecutor's offices;

3) district prosecutor's offices;

4) No. 113-IX is excluded according to the Law of Ukraine of 19.09.2019;

5) Specialized anti-corruption prosecutor's office.

2. In case of need by the decision of the Attorney-General specialized prosecutor's offices as structural division of Office of the Attorney-General, as regional prosecutor's offices, as division of regional prosecutor's office, as district prosecutor's offices, as division of district prosecutor's office can be created.

The list, education, reorganization and liquidation of specialized prosecutor's offices, determination of their status, competence, structure and the staff list are performed by the Attorney-General.

3. Features of the organization and activities of Specialized anti-corruption prosecutor's office are determined by article 8-1 of this Law. Formation of Specialized anti-corruption prosecutor's office, determination of its structure and the state are performed by the Attorney-General in coordination with the director of National anti-corruption bureau of Ukraine

4. The office of the Attorney-General is body of prosecutor's office of the highest level of rather regional and district prosecutor's offices, the regional prosecutor's office is body of prosecutor's office of the highest level of rather district prosecutor's offices located within administrative and territorial unit which falls under territorial jurisdiction of the relevant regional prosecutor's office.

5. The unity of system of prosecutor's office of Ukraine is provided:

1) single principles of the organization and activities of prosecutor's office;

2) single status of prosecutors;

3) single procedure for organizational support of activities of prosecutors;

4) financing of prosecutor's office only from the Government budget of Ukraine;

5) solution of questions of internal activities of prosecutor's office by bodies of public prosecutor's self-government.

6. In system of prosecutor's office specialization of prosecutors can be entered.

Article 8. Office of the Attorney-General

. The office of the Attorney-General will organize and coordinates activities of all bodies of prosecutor's office, provides proper functioning of the Unified register of pre-judicial investigations and its conducting pre-judicial investigation by bodies, determines single procedure for forming of the reporting on condition of criminal illegality and work of the prosecutor for the purpose of ensuring effective implementation of functions of prosecutor's office, and also exercises control of objects of state-owned property which belong to the sphere of management of Office of the Attorney-General.

2. The office of the Attorney-General is headed by the Attorney-General who has two first deputies and deputies, and also the deputy attorney general - the head of Specialized anti-corruption prosecutor's office.

3. In structure of Office of the Attorney-General departments, managements, departments, and also General inspectorate are formed. Managements and departments can be independent or be part of department (management). Regulations on independent structural divisions of the Prosecutor General's Office of Ukraine affirm the Attorney-General.

4. No. 113-IX is excluded according to the Law of Ukraine of 19.09.2019.

5. At Office of the Attorney-General the Specialized anti-corruption prosecutor's office to which the following functions are assigned is formed (as independent structural division):

1) implementation of supervision of compliance with laws when carrying out operational search activities, pre-judicial investigation by National anti-corruption bureau of Ukraine;

2) maintenance of crown case in the corresponding productions;

3) representation of interests of the citizen or the state in court in the cases provided by this Law and connected with the corruption or connected with corruption offenses and also representation within the competence of interests of the state of cases on recognition unreasonable assets and their collection in the income of the state.

Within realization of the Specialized Anti-corruption Prosecutor's Office functions performs international cooperation.

Article 8-1. Features of the organization and activities of Specialized anti-corruption prosecutor's office

1. Appointment of prosecutors of Specialized anti-corruption prosecutor's office is performed by the head of Specialized anti-corruption prosecutor's office by results of open competition which is held by tender committee as a part of the head of Specialized anti-corruption prosecutor's office and determined by it and the Attorney-General of persons.

The structure of the commission and procedure for holding open tender by it are determined by the head of Specialized anti-corruption prosecutor's office.

2. Appointment to managerial position in specialized anti-corruption prosecutor's office is performed by results of open tender. To the positions provided by Items 1-3 of part three of article 39 of this Law, appointment it is performed by the Attorney-General, and to the positions provided by items 4 and 5 parts three of article 39 of this Law - the head of Specialized anti-corruption prosecutor's office. Persons who meet the requirements determined in article 27 of this Law can take part in tender.

The organization and carrying out tender are performed by tender committee which part are:

1) four persons determined by Council of prosecutors of Ukraine;

2) seven people determined by the Verkhovna Rada of Ukraine.

Persons having faultless goodwill, high professional and moral qualities, public authority, and also considerable experience of activities in the field of prevention or anti-corruption shall be members of tender committee. Government employees or persons who hold political positions, deputies of the Verkhovna Rada of Ukraine and local councils, the military personnel, employees of law enforcement agencies, and also members of political parties cannot be members of tender committee.

The tender committee is authorized if in its structure at least six people are appointed. If within three months from the date of appointment in structure of the commission of representatives as Council of prosecutors of Ukraine the Verkhovna Rada of Ukraine will not designate in accordance with the established procedure any person, the commission is considered authorized on condition of entry into its list of four people.

The tender committee at the first meeting chooses from among the members of tender committee determined by the Verkhovna Rada of Ukraine, the chairman of tender committee. The conventional and authoritative expert having wealth of experience, interest or known for the actions in support of fight against corruption shall be the chairman.

Information on date, time and the venue of tender, the candidates who submitted the application for participation in tender is published on the official site of Office of the Attorney-General not later than 24 hours prior to tender.

The candidacies selected by tender committee for one on each of the managerial positions in specialized anti-corruption prosecutor's office provided by Items 2 and 3 of part three of article 39 of this Law are submited the head of Specialized anti-corruption prosecutor's office who submits the candidate for consideration of the Attorney-General for further appointment to managerial position.

The candidacy selected by tender committee for position of the head of Specialized anti-corruption prosecutor's office moves for consideration of the Attorney-General. The candidates for each of the managerial positions provided by items 4 and 5 parts three of article 39 of this Law selected by tender committee are submited the head of Specialized anti-corruption prosecutor's office for further appointment to managerial position.

Candidates for the positions of the head of Specialized anti-corruption prosecutor's office, his first deputy and the deputy which are selected by tender committee are submited the Attorney-General only after obtaining by tender committee of confirmation about their compliance to requirements of the laws of Ukraine "About cleaning of the power" and "About the prevention of corruption", and also on receipt of the admission to the state secret according to the Law of Ukraine "About the state secret".

Competition on occupation of managerial positions in specialized anti-corruption prosecutor's office is held publicly, with open entry of representatives of mass media, journalists on meeting of tender committee and with ensuring broadcasting in real time video and audioinformation from meetings of tender committee on the Internet. Information on time and the venue of meeting of tender committee is published on the official website of Office of the Attorney-General not later than 24 hours prior to the meeting.

3. The specialized anti-corruption prosecutor's office is located in service premises of National anti-corruption bureau of Ukraine or in service premises of Office of the Attorney-General (regional or district prosecutor's office) which are located separately from other service premises of Office of the Attorney-General (regional or district prosecutor's office).

4. The general structure of Specialized anti-corruption prosecutor's office includes central office and territorial branches which are located in the same cities in which territorial administrations of National anti-corruption bureau of Ukraine are located.

5. The head of Specialized anti-corruption prosecutor's office submits directly to the Attorney-General

Prosecutors of the highest level for heads of managements, departments and their deputies, prosecutors of Specialized anti-corruption prosecutor's office is the head of Specialized anti-corruption prosecutor's office, his first deputy and the deputy, for the deputy and the first deputy head of Specialized anti-corruption prosecutor's office - the head of Specialized anti-corruption prosecutor's office. The Attorney-General, his first deputy and deputies have no right to instruct prosecutors of Specialized anti-corruption prosecutor's office and to perform other actions which directly concern realization by prosecutors of Specialized anti-corruption prosecutor's office of powers. Written orders of administrative nature which concern the organization of activities of Specialized anti-corruption prosecutor's office are issued under obligatory approval of the head of Specialized anti-corruption prosecutor's office.

6. The head of Specialized anti-corruption prosecutor's office, his first deputy and the deputy within the term to which they were appointed without their consent cannot be transferred to other division of Office of the Attorney-General or regional or district prosecutor's office.

7. Supervision of pre-judicial investigation of corruption criminal offenses in case of their making by the prosecutor of Specialized anti-corruption prosecutor's office is exercised by the prosecutor who is determined by the Attorney-General from among the deputies (except the head of Specialized anti-corruption prosecutor's office) or heads of departments of Office of the Attorney-General.

8. The deputy attorney general - the head of Specialized anti-corruption prosecutor's office:

1) represents Specialized anti-corruption prosecutor's office in the relations with state bodies, local government bodies, the companies, organizations and the organizations, public associations, the international organizations and foreign authorities;

2) will be organized by activities of Specialized anti-corruption prosecutor's office;

3) is performed by distribution of obligations between the first deputy and the deputy manager of Specialized anti-corruption prosecutor's office;

Determines 4) after the beginning of pre-judicial investigation of the prosecutor performing powers of the prosecutor in specific criminal proceedings;

5) determines group of the prosecutors performing powers of prosecutors in particularly complex criminal proceedings and also the prosecutor for management of such group;

6) employs and discharges employees of Specialized anti-corruption prosecutor's office who are not prosecutors from office;

7) in ten-day time from the date of their origin is notified by relevant organ which performs disciplinary production about availability vacant or temporarily vacant positions in Specialized anti-corruption prosecutor's office;

8) controls maintaining and the analysis of statistical data, will organize studying and generalization of practice of application of the legislation and information and analytical providing subordinate prosecutors for the purpose of improvement of quality of implementation of the functions by them;

9) is provided by fulfillment of requirements on advanced training of prosecutors of Specialized anti-corruption prosecutor's office;

10) performs other powers provided by it and other laws of Ukraine.

Article 9. Powers of the Attorney-General

1. Attorney-General:

1) represents prosecutor's office in the relations with public authorities, other state bodies, local government bodies, faces, the companies, organizations and the organizations, and also prosecutor's offices of other states and the international organizations;

2) will be organized by activities of bodies of prosecutor's office of Ukraine, including determine limits of powers of Office of the Attorney-General, regional and district prosecutor's offices regarding accomplishment of the constitutional functions;

3) appoints prosecutors to managerial positions and exempts them from managerial positions in the cases and procedure established by this Law;

4) in accordance with the established procedure based on the decision of relevant organ on attraction to disciplinary responsibility of the prosecutor makes the decision on application to the prosecutor of Office of the Attorney-General, the prosecutor of regional prosecutor's office of authority punishment or on impossibility of further stay of such person to the prosecutor's positions;

5) appoints to positions and dismisses prosecutors of Office of the Attorney-General, in the cases and procedure established by this Law;

6) in ten-day time from the date of release of position is reported by relevant organ which performs disciplinary production about availability of vacant or temporarily vacant position at Office of the Attorney-General;

6-1) performs distribution of obligations between the first deputy and deputy attorneys general;

7) approves acts concerning questions on the internal organization of activities of bodies of prosecutor's office, including on electronic document management;

7-1) approves the development strategy of prosecutor's office;

7-2) approves regulations on system of individual quality evaluation of work of prosecutors and system of quality evaluation of work of prosecutors;

7-3) approves procedure for measurement and regulation of load of prosecutors

8) provides fulfillment of requirements on advanced training of prosecutors of Office of the Attorney-General;

9) approves general methodical recommendations for prosecutors for the purpose of ensuring identical application of regulations of the legislation of Ukraine when implementing public prosecutor's activities;

9-1) on representation to General inspectorate directs materials to the State bureau of investigations;

9-2) determines procedure for consideration of addresses of rather improper execution by the prosecutor who holds managerial position, the job responsibilities established for the corresponding managerial position;

10) performs other powers provided by it and other laws of Ukraine.

2. The Attorney-General issues orders on the questions relating to its administrative powers within the powers, on the basis and in pursuance of the Constitution and the laws of Ukraine.

The paragraph two is excluded according to the Law of Ukraine of 19.09.2019 No. 113-IX.

The paragraph third is excluded according to the Law of Ukraine of 19.09.2019 No. 113-IX.

All orders of the Attorney-General will be promulgated in state language on the official site of Office of the Attorney-General the next working day after their signing with observance of requirements of the mode of privacy.

Orders of the Attorney-General which are regulatory legal acts become effective from the date of their promulgation if other is not provided by the act, but not earlier than day of promulgation.

Orders of the Attorney-General or their separate parts can be appealed by physical persons and legal entities in administrative court according to the procedure, established by the law.

3. In case of absence of the Attorney-General of its power the First Deputy Attorney-General, and in case of absence of the first deputy - one of deputy attorneys general performs.

Article 10. Regional prosecutor's offices

1. In system of prosecutor's office of Ukraine regional prosecutor's offices which prosecutor's offices of areas, prosecutor's office of the Autonomous Republic of Crimea and the city of Sevastopol, - the Kiev city prosecutor's office treat are effective.

2. The regional prosecutor's office is headed by the head of regional prosecutor's office, the head of prosecutor's office of the Autonomous Republic of Crimea and the city of Sevastopol, the head of the Kiev city prosecutor's office who has the first deputy and no more than three deputies.

3. In structure of regional prosecutor's office divisions - managements and departments are formed.

4. Education, the list, territorial jurisdiction, reorganization and liquidation of regional prosecutor's offices, determination of their competence, structure and the staff list are performed by the Attorney-General.

Article 11. Powers of the head of regional prosecutor's office

1. Head of regional prosecutor's office:

1) represents regional prosecutor's office in the relations with public authorities, other state bodies, local government bodies, faces, the companies, organizations and the organizations;

2) will be organized by activities of regional prosecutor's office;

3) appoints to positions and dismisses prosecutors of regional and district prosecutor's offices in the procedure established by this Law;

4) approves acts on the questions concerning the organization of activities of regional prosecutor's office;

5) in ten-day time from the moment of release of position is reported by relevant organ which performs disciplinary production about availability of vacant or temporarily vacant position in regional prosecutor's office;

6) is provided by fulfillment of requirements on advanced training of prosecutors of regional prosecutor's office;

7) appoints to managerial positions and exempts from managerial positions of prosecutors in the cases and procedure established by this Law;

8) in accordance with the established procedure and based on the decision of relevant organ on attraction to disciplinary responsibility of the prosecutor makes the decision on application to the prosecutor of district prosecutor's office of authority punishment or on impossibility of further stay it to the prosecutor's positions;

9) is controlled by maintaining and the analysis of statistical data, will organize studying and generalization of practice of application of the legislation and information and analytical providing prosecutors for the purpose of improvement of quality of implementation of the functions by them;

10) performs other powers provided by it and other laws of Ukraine.

2. The head of regional prosecutor's office issues orders on the questions relating to its administrative powers.

3. In case of absence of the head of regional prosecutor's office of its power the first deputy head of regional prosecutor's office, and in case of its absence - one of deputy managers of regional prosecutor's office performs.

Article 12. District prosecutor's offices

1. In system of prosecutor's office of Ukraine district prosecutor's offices which list and territorial jurisdiction is determined by the order of the Attorney-General are effective. Education, reorganization and liquidation of district prosecutor's offices, determination of their competence, structure and the staff list are performed by the Attorney-General.

2. The district prosecutor's office is headed by the head of district prosecutor's office who has the first deputy and no more than two deputies.

3. In structure of district prosecutor's office such divisions as departments are in case of need formed.

Article 13. Powers of the head of district prosecutor's office

1. Head of local prosecutor's office:

1) represents district prosecutor's office in the relations with public authorities, other state bodies, local government bodies, faces, the companies organizations and the organizations;

2) will be organized by activities of district prosecutor's office;

3) in ten-day time from the date of release of position is reported by relevant organ which performs disciplinary production about availability of vacant or temporarily vacant position in district prosecutor's office;

4) is provided by fulfillment of requirements on advanced training of prosecutors of district prosecutor's office;

4-1) appoints to managerial positions and exempts from managerial positions of prosecutors in the cases and procedure established by this Law;

4-2) controls maintaining and the analysis of statistical data, will organize studying and generalization of practice of application of the legislation, information and analytical providing prosecutors for the purpose of improvement of quality of implementation of the functions by them;

5) performs other powers provided by it and other laws of Ukraine.

2. The head of district prosecutor's office issues orders on the questions relating to its administrative powers.

3. In case of absence of the head of district prosecutor's office of its power the first deputy head of local prosecutor's office, and in case of its absence - one of deputy managers of local prosecutor's office performs.

Article 14. Quantitative structure and structure of bodies of prosecutor's office

1. Total number of prosecution agencies workers constitutes no more than 15000 people in particular, the total number of prosecutors constitutes no more than 10000 people.

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