The Law of Ukraine
On General Prosecutor's Office
Date of Entry into Force:
December 1, 1991
The Law of Ukraine “On General Prosecutor's Office” states that General Prosecutor's Office while performing put on it functions shall supervise observance and correct application of laws by the Cabinet of Ministers of Ukraine, ministries and departments, bodies of state and economic management and control, local councils, their executive bodies, military units, all legal entities and natural persons.
General Prosecutor's Office of Ukraine is a centralized system headed by the General Prosecutor of Ukraine. In this system inferior public prosecutors shall submit to the ones holding higher posts. The General Prosecutor of Ukraine shall be appointed for the post with consent of the Verkhovna Rada of Ukraine and shall be dismissed by the President of Ukraine. The Verkhovna Rada of Ukraine may show distrust to the General Prosecutor of Ukraine that result in his resignation.
Basic functions of General Prosecutor's Office shall be support of state accusation in court and representation of interests of citizen or state in court in cases inscribed by law. The Prosecutor may enter the case at any stage of the proceeding, if it is necessary for protection of constitutional rights of citizens, interests of state or society.
Demands of the prosecutor shall be obligatory fulfilled by all bodies, legal entities and natural persons.
In the Law there is the structure of General Prosecutor's Office of Ukraine and authorities of its separate subdivisions.
While performing imposed on prosecutor duties he shall be entitled to:
- prosecutor's protest - prosecutor's requirement to cancel normative act which runs counter with requirements of the legislation. The protest shall be considered during 10 days by the body which issued it or higher body. Prosecutor's protest shall stop operation of protested statement. In case prosecutor disagrees with decision as regards to consideration of submitted by him protest, he has right to apply to court with statement of claim.
- prosecutor's direction - requirement to liquidate violations of law. Direction shall be expeditiously implemented by body or official which committed violation of legislation or by higher body or official which are authorized to improve the violation.
- prosecutor's lodgment - requirement to liquidate violations of law given to state body, public organization or official which are authorized to improve the violation.
- prosecutor's resolution - the document issued by prosecutor in case of violation of law by official or citizen. Resolution is issued to consider violation of legislation in disciplinary proceedings, proceedings in administrative crime or in bringing criminal case against these persons.
Prosecutors and investigators may be Ukrainian citizens who have higher legal education, necessary business skills and moral traits. The persons who are appointed for posts in the General Prosecutor's Office for the first time shall swear “Oath of General Prosecutor's Office Worker”. Text of the oath shall be approved by the Verkhovna Rada of Ukraine. The procedure of its swearing shall be determined by the General Prosecutor of Ukraine.
Part-time service in General Prosecutor's Office is not permitted except for combining it with scientific and pedagogical activity.
Prosecutors and investigators of General Prosecutor's Office, staff of scientific educational establishments of General Prosecutor's Office shall be given ranks regardless to occupied posts and length of service.
General Prosecutor's Office shall be financed from funds of the State Budget of Ukraine. The Law also covers the questions of social protection of General Prosecutor's Office staff (salary, provision with accommodation, pension provision and other).