|Article title||Development Prospects of Public Prosecution in Ukraine in the Light of Legislative Changes|
|Name of magazine||Legal journal «Law of Ukraine» (Ukrainian version)|
Large-scale changes in public life, which should result from a new political course aimed at overcoming corruption phenomena and imbalances in the operation of law enforcement agencies, are possible subject to systemic reforms of the entire law enforcement system. In 2019, with the change of political power after the last presidential and parliamentary elections, the reform process in this area has significantly intensified. At the same time, active development of new legislative acts focused on the reform of public prosecution requires careful research thereof in terms of theory and practice, and foreign experience with the aim of developing proposals and recommendations in this area.
The purpose of this article is to make a comprehensive analysis of the ways to reform public prosecution of Ukraine, to study scientific sources and relevant laws and regulations in the area under study, and to develop evidence-based proposals aimed at improving public prosecution legislation and its application practice.
It is noted that one of major problems faced by today’s public prosecution involves providing a clear definition of its organizational model, i.e., determining the place of this law enforcement agency in the mechanism of the State. In this regard, the author provides arguments in favor of the position that public prosecution in Ukraine should have the prosecution model which ensures its independent place in the system of justice. It is from these positions that the author suggests assessing the further reform of public prosecution in Ukraine.
The article analyzes the Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on the Priority Measures to Reform the Public Prosecution Bodies (the Law on Public Prosecution), which was submitted to the Verkhovna Rada of Ukraine by the President of Ukraine V. Zelenskyi on August 29, 2019 and adopted in the final version on September 19, 2019; the author highlights its positive features and controversial provisions.
A positive assessment is given to the proposals for expanding the powers of the Prosecutor General of Ukraine; for enhancement of requirements to the Prosecutor General of Ukraine, in particular, introduction of the requirement for a university degree in law and work experience in the area of law; and for elimination of the need to register the acts of the Prosecutor General of Ukraine with the Ministry of Justice of Ukraine.
The article also assesses, through the critical spectacle, the innovations to liquidate military prosecution offices; to liquidate the National Prosecution Academy of Ukraine and establish, instead of it, the Training Center of Public Prosecutors of Ukraine; to suspend the operation of the Qualification and Disciplinary Commission of Public Prosecutors and establish the personnel commissions subordinated to the Prosecutor General of Ukraine and regional prosecutor’s offices.
The author makes proposals with regard to clarification of some provisions of the Law on Public Prosecution.
It is concluded that the permanent process of public prosecution reforms in Ukraine has now been significantly intensified. The author assesses positively the legislative initiatives aimed at improving the law enforcement area. At the same time, it is noted that there is a need for correlation of the amendments to the Law on Public Prosecution, taking into account the experience of functioning of law enforcement agencies in Ukraine and European countries and the development trends in law enforcement in today’s world.
|Keywords||public prosecution; powers of Prosecutor General of Ukraine; military prosecutor’s offices; Qualification and Disciplinary Commission of Public Prosecutors; selection of public prosecutors; reforms|
1. Popovych Ye, Shliakhy rozvytku prokuratury Ukrainy: monohrafiia [Ways of Prosecutor’s Office of Ukraine Development: Monograph] (Tornado 2009) (in Ukrainian).
2. Kivalov S, ‘Na porozi onovlennia prokurorskoi systemy Ukrainy’ [‘On the Threshold of Updating the Prosecutorial System of Ukraine’] (2014) 1 Visnyk Pivdennoho rehionalnoho tsentru Natsionalnoi akademii pravovykh nauk Ukrainy 198-207 (in Ukrainian).
3. Rudenko M and Melnyk O, ‘Spetsializovani prokuratury yak skladova prokurorskoi systemy Ukrainy’ [‘Specialized Prosecutor’s Offices as a Component of the Prosecutorial System of Ukraine’] (2013) 15 Visnyk Kharkivskoho natsionalnoho universytetu imeni V. N. Karazina 153-7 (in Ukrainian).
4. Rudenko M, ‘Spetsializatsiia yak pryntsyp pobudovy prokurorskoi systemy Ukrainy (naukovo-praktychnyi prohnoz)’ [‘Specialization as a Principle of Building the Prosecutorial System of Ukraine (Scientific and Practical Forecast)’] (2012) 3 Visnyk Natsionalnoi akademii prokuratury Ukrainy 5-13 (in Ukrainian).
5. Riabenko G, ‘Viiskova prokuratura Tsentralnoho rehionu Ukrainy: systemna protydiia koruptsii ta zabezpechennia nevidvorotnosti pokarannia’ [‘Military Prosecutor’s Office of the Central Region of Ukraine: Systematic Counteraction to Corruption and Ensuring the Inevitability of Punishment’] (2018) 6 Visnyk prokuratury 50-6 (in Ukrainian).
6. Khorsunenko O, ‘Prokuratura Ukrainy ta krain-chleniv Yevropeiskoho Soiuzu: porivnialne doslidzhennia’ [‘Prosecutors Ukraine and Countries of the European Union: a Comparative Study’] (avtoref dys kand yuryd nauk, 2019) (in Ukrainian).
7. Dobrovolskyi D, ‘Nezalezhnist yak zasada orhanizatsii ta diialnosti orhaniv prokuratury’ [‘Independence as a Basis for Organization and Functioning of State Prosecution Bodies’] (dys kand yuryd nauk, 2017) (in Ukrainian).
8. ‘R Riaboshapka okreslyv holovne zavdannia novoho holovnoho viiskovoho prokurora’ [‘R Ryaboshapka outlined the main task of the new Chief Military Prosecutor’] (Zakhidna informatsiina korporatsiia, 09.09.2019)
9. Riaboshapka R, ‘Pereatestatsiia ta ochyshchennia kadrovoho skladu – holovni zminy, yaki peredbachaie zakonoproekt shchodo reformuvannia prokuratury’ [‘Recertification and clearing of personnel – the main changes that involves in the draft law on prosecutorial reform’] (Zakhidna informatsiina korporatsiia, 13.09.2019)
10. Bahanets O, ‘Reforma prokuratury 2019: choho chekaty pravookhorontsiam?’ [‘Prosecutor’s Office 2019 reform: what to expect law enforcement?’] (Ofitsiinyi blog – Bahanets O, 16.09.2019)