Ukrainian president signs law on reform of prosecutor's office

Ukrainian President Volodymyr Zelensky has signed a law introducing amendments to certain legislative acts of Ukraine on priority measures for the reform of prosecuting agencies, according to the website of the Verkhovna Rada.

The Verkhovna Rada approved the law on September 19.

The law, in particular, proposes that instead of the current structure of the prosecuting authorities, after the prosecutors' attestation, it is necessary to build a new structure that should include the Office of the Prosecutor General, regional and district prosecutor's offices. The document also gives the prosecutor general the right to disband and reorganize district and regional prosecutor's offices.

In addition, the law liquidates military prosecutor's offices, but at the same time grants the prosecutor general the rights, if necessary, to create specialized prosecutor's offices as a structural subdivision of the Office of the Prosecutor General, regional and district prosecutor's offices.

The law also provides for a reduction in the maximum number of prosecutors from 15,000 to 10,000.

The document provides for the prosecutor general's authority to approve a strategy for the development of the prosecutor's office; a system for assessing the quality of work of prosecutors; the procedure for measuring and regulating the burden on prosecutors; the procedure for reviewing applications regarding maladministration by a prosecutor holding an administrative position, the duties assigned to a respective administrative position.

The law provides for the possibility for all candidates with a law degree and experience in the field of law to participate in the competition for holding posts in all prosecuting agencies.

The National Academy of Prosecutor's Office of Ukraine is to be transformed into the Training Center for Prosecutors of Ukraine.

The basic salary of a prosecutor should be raised from 12 to 15 living wages for able-bodied persons. A limit of 25% is set for the maximum amount of a wage bonus for a prosecutor following the calendar year, which is calculated solely in accordance with the evaluation of the prosecutor's work.

The law also stipulates that prosecutors who, as of the day of entry into force of the law, occupy the positions of prosecutors at the Prosecutor General's Office, regional, local, military prosecutor's offices, may be transferred to the post of prosecutor at the Office of the Prosecutor General, regional, district prosecutor's offices only if they successfully pass the tests. The competence assessment does not apply to prosecutors of the Specialized Anti-Corruption Prosecutor's Office.

The competence assessment of prosecutors will include two steps - the written examination in the form of anonymous testing and an interview. If a prosecutor fails the competency assessment, he or she is dismissed from the post. Persons who did not hold the position of a prosecutor at the time of entry into force of the law will have the right to take part in the open competition for vacant posts of a prosecutor if they received a law degree and earlier worked in the field of law.

It is planned to suspend the powers of the Qualification and Disciplinary Commission of Prosecutors temporarily, until September 1, 2021.

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