Prosecutor_General's_Office_of_Ukraine

Prosecutor General of Ukraine

Prosecutor General of Ukraine

Prosecutorial head of Ukrainian legal system

The prosecutor general of Ukraine (also procurator general of Ukraine, Ukrainian: Генеральний прокурор України, romanized: Heneralnyi prokuror Ukrainy) heads the system of official prosecution in courts known as the Office of the Prosecutor General (Ukrainian: Офіс Генерального прокурора, romanized: Ofis Heneralnoho prokurora). The prosecutor general is appointed and dismissed by the president with consent of the Verkhovna Rada (Ukrainian parliament).[4] The prosecutor serves a term of office of six years[5] and may be forced to resign by a vote of no confidence in parliament.[4] The current prosecutor general, since 27 July 2022, is Andriy Kostin.[6]

Quick Facts Agency overview, Formed ...

The Prosecutor General's Office dates to 1917, established by the fledgling Ukrainian governments following the collapse of the Russian Empire, when the minister of justice held the office of prosecutor general.[7] In 1922, it was reorganized under socialist law after the Ukrainian Soviet Socialist Republic became a founding member of the Soviet Union.[7] With adoption of the 1936 Constitution of the Soviet Union, the office became directly subordinated to the Prosecutor General Office of the Soviet Union;[7] this lowered the status of the office, with the prosecutor appointed by the Soviet Prosecutor General and having no government post in the Ukraine SSR.[7] Following the dissolution of the Soviet Union in 1991, the Prosecutor General Office of Ukraine became an independent agency.[7] The office is directly proscribed in the 1996 Constitution of Ukraine.

Duties and powers

The prosecutor general is appointed to office by the president of Ukraine with the consent of the Verkhovna Rada (parliament).[8] The prosecutor is dismissed from office after serving a six-year term, or on order of the president,[8] or the prosecutor may be forced to resign following a vote of no confidence in the Verkhovna Rada.[4][8]

The powers of the office (from January 2017[5]) are to:

  • provide organization and leadership of pre-trial investigations;[9]
  • support public prosecution in the courts;[9] and
  • represent the state's interest in the courts, according to the law.[9]

The prosecutor general submits an annual report to the Verkhovna Rada about the legal situation in the country.

The prosecutor general creates a collegiate council consisting of the prosecutor general, their first and other deputies, the prosecutor of the Autonomous Republic of Crimea,[nb 1] and other leaders of prosecution agencies.

The prosecutor general office's General Inspectorate is an independent agency established[when?] to oversee the actions of the prosecutorial system.[13] Its goals are to modernize the Soviet-era bureaucracy, to enhance inter-agency efficiency and international cooperation, and to fight corruption.[14]

Structure

As of 21 December 2019[15]

Office of the Prosecutor General of Ukraine, Kyiv
  • Prosecutor's Office of the Autonomous Republic of Crimea
  • Prosecutor's Office of Cherkasy Oblast
  • Prosecutor's Office of Chernihiv Oblast
  • Prosecutor's Office of Chernivtsi Oblast
  • Prosecutor's Office of Dnipropetrovsk Oblast
  • Prosecutor's Office of Donetsk Oblast
  • Prosecutor's Office of Ivano-Frankivsk Oblast
  • Prosecutor's Office of Kharkiv Oblast
  • Prosecutor's Office of Kherson Oblast
  • Prosecutor's Office of Khmelnytskyi Oblast
  • Prosecutor's Office of Kirovohrad Oblast
  • Prosecutor's Office of Kyiv City
  • Prosecutor's Office of Kyiv Oblast
  • Prosecutor's Office of Luhansk Oblast
  • Prosecutor's Office of Lviv Oblast
  • Prosecutor's Office of Mykolaiv Oblast
  • Prosecutor's Office of Odesa Oblast
  • Prosecutor's Office of Poltava Oblast
  • Prosecutor's Office of Rivne Oblast
  • Prosecutor's Office of Sumy Oblast
  • Prosecutor's Office of Ternopil Oblast
  • Prosecutor's Office of Vinnytsia Oblast
  • Prosecutor's Office of Volyn Oblast
  • Prosecutor's Office of Zakarpattia Oblast
  • Prosecutor's Office of Zaporizhia Oblast
  • Prosecutor's Office of Zhytomyr Oblast
  • Military Prosecutor's Office of Joint Forces
  • Military Prosecutor's Office of Ukrainian Central Region
  • Military Prosecutor's Office of Ukrainian Southern Region
  • Military Prosecutor's Office of Ukrainian Western Region
  • National Academy of Prosecution of Ukraine

Separate organizations

Leadership

  • Prosecutor General – Iryna Venediktova (17 March 2020)
  • Deputy Prosecutor General – Viktor Trepak (8 October 2019)
  • Deputy Prosecutor General – Günduz Mamedov (18 October 2019)
  • Deputy Prosecutor General—Director of Specialized Anti-Corruption Prosecutor's Office – Nazar Kholodnytskyi (30 November 2015)

History

Early period

Serhiy Shelukhin, the first Prosecutor General[1]

The post of Prosecutor General of Ukraine was first established in 1917, following the dissolution of the Russian Empire. When the Ukrainian People's Republic was formed – after Ukraine declared its independence from the Russian Republic due to the Bolshevik's aggression – the post was held by the minister of justice.[1]

More information No., Term ...

Soviet period

After the occupation of Ukraine by Bolsheviks in June 1922, the Prosecutor's Office of the Ukrainian SSR was established.[1][16] The prosecutor general was appointed by the Ukrainian government and remained merged with the minister of justice until the 1936 Constitution of the Soviet Union came into force, at which point the republican prosecution office of Ukraine was subordinated to the prosecutor general of the USSR.

More information No., Term ...

Post-Soviet period

Quick Facts Prosecutor General of Ukraine Генеральний прокурор України, Appointer ...

Following Ukrainian independence in 1991, the prosecutor general wielded considerable power[9] as a legacy of the Soviet Union state prosecutor's office.[9] Many of the office's functions were expanded in 1991,[9] but in 2016 the powers of the office were decreased and limited.[9]

Prior to January 2017, the term of authority of the prosecutor was five years.[5] Since January 2017 this was increased to six years.[5] This list below shows prosecutors of independent Ukraine. In the absence of the prosecutor general, the office is headed by their first deputy as the acting prosecutor general.

More information No., Name ...
Legend:
  • act – acting
  • comm – parliamentary commissioner

Notes:

  • ^1 Makhnitskyi served as acting prosecutor by being appointed by the acting president of Ukraine. Makhnitskyi is also the only head of the office in the post-Soviet Ukraine who served as a parliamentary commissioner.
  • ^2 Shokin was set to be formally dismissed since 16 February 2016[4][25] after submitting a letter of resignation and taking a vacation.[26] On 16 March Shokin returned to his duties as if he never submitted any letters of resignation.[27] He was formally dismissed in a parliamentary vote on 29 March 2016.[28]
  • ^3 Yuriy Sevruk served as acting prosecutor, being the first deputy general prosecutor until the official appointment of a new Prosecutor General.[27]

See also

Notes

  1. [N 1]
    Since the annexation of Crimea by the Russian Federation, the status of the Crimea and of the city of Sevastopol is under dispute between Russia and Ukraine; Ukraine and the majority of the international community considers the Crimea and Sevastopol an integral part of Ukraine, while Russia, on the other hand, considers the Crimea and Sevastopol an integral part of Russia, with Sevastopol functioning as a federal city within the Crimean Federal District.[10][11][12]

References

  1. [1]
    "Історія прокуратури України" [History of the Prosecutor's Office of Ukraine]. Prosecutor's Office of Mykolaiv Region (in Ukrainian). Archived from the original on 27 March 2020.
  2. [2]
    "Official website of the authority. Contact Us". 2017. Archived from the original on 5 December 2020. Retrieved 10 March 2017.
  3. [3]
    Ukrainian Investigative Director Who Clashed With Activists Approved As Prosecutor-General, Radio Free Europe (March 17, 2020)
  4. [4]
    Chief prosecutor Shokin back to work – source, Interfax-Ukraine (16 March 2016)
  5. [5]
    "Закон про Вищу раду правосуддя запрацював" [The law on the High Council of Justice has come into force]. Ukrayinska Pravda (in Ukrainian). 5 January 2016.
  6. [6]
    Sukhov, Oleg (27 July 2022). "Andriy Kostin appointed prosecutor general. Here's what we know about him". The Kyiv Independent. Archived from the original on 27 July 2022.
  7. [7]
    "ГЕНЕРАЛЬНИЙ ПРОКУРОР УКРАЇНИ" [Prosecutor General of Ukraine] (in Ukrainian). Retrieved 8 January 2023.
  8. [8]
    Z"Chief prosecutor Shokin on leave – PGO". Interfax-Ukraine. 17 February 2016.
  9. [9]
    "Amendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice]". Lexology. 9 June 2016.
  10. [10]
    Gutterman, Steve (18 March 2014). "Putin signs Crimea treaty, will not seize other Ukraine regions". Reuters.com. Archived from the original on 18 March 2014. Retrieved 26 March 2014.
  11. [11]
    Ukraine crisis timeline, BBC News
  12. [12]
    UN General Assembly adopts resolution affirming Ukraine's territorial integrity Archived 2018-03-04 at the Wayback Machine, China Central Television (28 March 2014)
  13. [13]
    "U.S. prosecutor tasked with selecting officers to oversee prosecutors' actions". UNIAN. 9 August 2016.
  14. [14]
    "U.S. prosecutor tasked with selecting officers to oversee prosecutors' actions". UNIAN. 9 August 2016.
  15. [15]
    СТРУКТУРА Офісу Генерального прокурора (затверджено наказом Генерального прокурора від 21.12.2019 №99-шц. Prosecutor General Office of Ukraine
  16. [16]
    Hlukh, Fedir. "ПРОКУРАТУРА УРСР" [The Prosecutor's Office of the Ukrainian SSR]. Ukrainian Soviet Encyclopedia (in Ukrainian).
  17. [17]
    On appointment of Makhnitsky O.I. the Commissioner to monitor the activities of the Prosecutor General of Ukraine. RESOLUTION of the Verkhovna Rada of Ukraine № 760-VII. February 22, 2014
  18. [18]
    On appointment of O.Makhnitsky as acting General Prosecutor of Ukraine. DECREE OF THE PRESIDENT OF UKRAINE № 91/2014. February 24, 2014
  19. [19]
    Ukrainian president dismisses Makhnitsky as acting prosecutor general, Interfax-Ukraine (18 June 2014)
  20. [20]
    MPs agree to Yarema's appointment as prosecutor general, Interfax-Ukraine (19 June 2014)
  21. [21]
    Ukrainian parliament backs nomination of Shokin as prosecutor general, Interfax-Ukraine (10 February 2015)
  22. [22]
    Rada agreed to dismiss Shokin. Ukrayinska Pravda. 29 March 2016
  23. [23]
    The new Attorney General was a former NAPC member, Ukrayinska Pravda (29 August 2019)
  24. [24]
    "Указ Президента України No 501/2022 – Про покладення виконання обов'язків Генерального прокурора'" [Presidential decree No. 501/2022 – On taking over the duties of the Prosecutor General]. Office of the President of Ukraine (in Ukrainian). 17 July 2022. Archived from the original on 20 July 2022. Retrieved 24 July 2022.
  25. [25]
    Profile committee recommends parliament back prosecutor general's resignation, Interfax-Ukraine (16 March 2016)
  26. [26]
    The Prosecutor General Office: Shokin wrote a resignation letter, but at this time he is on vacations. Ukrayinska Pravda. 29 March 2016
  27. [27]
    The office of Prosecutor General explained who will be an acting Prosecutor General. Ukrayinska Pravda. 29 March 2016
  28. [28]
    Rada agrees to dismiss Ukrainian Prosecutor General Shokin, Interfax-Ukraine (29 March 2016)
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