Feedback from the public

ESR

2.1.5.2. Amendments have been made to the Law of Ukraine On the Prosecutor’s Office; they define an exhaustive list of grounds for dismissal and termination of powers of prosecutors, including the Prosecutor General, which makes it impossible to apply them without justification

Problem solving:

2.1.5. Internal administrative processes in prosecutorial authorities are not always transparent and effective

Deadlines for all measures within ESR

01.03.2023 - 31.12.2025

Implementation of SACP measures within ESR

Total number of measures – 2
1 1
Implemented In progress

Implementation of SACP measures within the scope of the Problem by main main performers

Prosecutor General’s Office of Ukraine

50%
2

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 2.1.5.2.1 Analyzing the activities of the relevant authority tasked with conducting disciplinary proceedings against prosecutors Prosecutor General’s Office of Ukraine The results of analysis of the activities of the relevant authority tasked with conducting disciplinary proceedings against prosecutors have been publicized.
The measure was implemented on time and in full
Implemented
2 2.1.5.2.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Law of Ukraine On Prosecutorial Authorities to improve the disciplinary procedure through:
1) optimizing the grounds for disciplinary liability of prosecutors;
2) providing clear definitions of disciplinary misconduct by prosecutors and observance of the prosecutorial code of ethics by prosecutors;
3) compiling the list of specific details that must be included in a disciplinary complaint about disciplinary misconduct by a prosecutor, and implementing a mechanism for rejecting a disciplinary complaint;
4) expanding the list of disciplinary sanctions in order to make them more proportional and effective, as well as stipulating the general conditions for imposing the sanctions, and the circumstances mitigating or aggravating the liability of a prosecutor;
5) revising the exhaustive list of grounds on which prosecutors can be dismissed, the kinds of disciplinary penalties, and the term within which prosecutors can face disciplinary liability.
Prosecutor General’s Office of Ukraine The draft law has been submitted to the Parliament of Ukraine.
There is progress in the implementation of the measure
In progress

Indicators of achievement of ESR

Total number of indicators – 2

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 2

Summarized general information about Achievement Indicators

Indicators Weight (%)
1 The law on amendments to the Law of Ukraine On the Prosecutor’s Office has taken effect, which improves the disciplinary procedure by:
a) optimizing the grounds for disciplinary liability of prosecutors (10 percent);
b) providing clearer definitions of disciplinary misconduct by prosecutors and observance of the prosecutorial code of ethics by prosecutors (20 percent);
c) compiling the list of specific details that must be included in a disciplinary complaint about disciplinary misconduct by a prosecutor, and implementing a mechanism for rejecting a disciplinary complaint (20 percent);
d) expanding the list of disciplinary sanctions in order to make them more proportional and effective, as well as stipulating the general conditions for imposing the sanctions, and the circumstances mitigating or aggravating the liability of a prosecutor (10 percent);
e) revising the exhaustive list of grounds on which prosecutors can be dismissed and the term within which prosecutors can face disciplinary liability (30 percent).
90%
2 the results of the expert survey have demonstrated that:
a) more than 75 percent of experts on the activities of law enforcement and prosecutorial authorities evaluate the effectiveness of disciplinary penalties imposed on prosecutors as high or very high (10 percent);
b) more than 50 percent of experts on the activities of law enforcement and prosecutorial authorities evaluate the effectiveness of disciplinary penalties imposed on prosecutors as high or very high (7 percent);
c) more than 25 percent of experts on the activities of law enforcement and prosecutorial authorities evaluate the effectiveness of disciplinary penalties imposed on prosecutors as high or very high (4 percent).
10%

Key sources of assessment:

Additional sources of information: