Bodies of Public Prosecutor’s Community: Ukrainian Experience of Formation

Abstract

Podkopaev Sergei - Procurator, Head of Department of Representation in Court, Prosecutor’s Office, Candidate of Juridical Sciences. Address: 13/15 Reznitskaia, Kiev, 01011, Ukraine. E-mail: s.podkopaev@g.mail.com.

The current stage of the public prosecution reform is rather dynamic in Ukraine. In 2012, the countryadopted a new Criminal Code which changed the conception of procedures and prosecutors’ status atpre-judicial stages, amendments were made to the law of Ukraine On Prosecutor’s Office. A committee established by the Ukrainian President developed a draft of the law On Prosecutor’s Office. The document was introduced into the Ukrainian Parliament late in 2013. The vital necessity in the efficiencyof prosecutors’ offices by developing sufficient guarantees to implement it motivated the applicationof foreign experience in this area. International documents do not specify the necessity to makecollegial decisions concerning the appointment of public prosecutors, the course and termination oftheir service. However, this conclusion can be made due to the analysis of the norms involving fair,impartial and objective procedures. Some countries including France, Portugal, Poland, Moldova etc.provide the decision on the status of public procurators to be made by collegial bodies. The draft of thelaw On Prosecutor’s Office provides for establishing self-administration bodies of prosecutors’ offices.Besides, established principles of prosecutors’ activity i.e. centralization and individual responsibilityare reviewed. The former is not specified in article 3 Prosecutor’s office activity. The article examinesbrand-new provisions of the law On Prosecutor’s Office as to establishing the bodies of procurators’self-regulation and commissions on qualifications and discipline and reveals the essence of the bodies.