Problem

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

General information about the problem

Administrative processes in prosecutorial authorities are not always transparent and effective. The reasons for the problem include a flawed system of performance evaluation of prosecutors; poor legislative regulation of the grounds for bringing prosecutors to disciplinary liability, guarantees of independence and effective functioning of the body conducting disciplinary proceedings, the procedure for reviewing disciplinary complaints and imposing disciplinary sanctions.
Corruption risks in the system of performance evaluation of prosecutors are caused by the legally defined criteria, methods and subjects of the evaluation of prosecutors.
The flawed legislative regulation of the grounds for bringing prosecutors to disciplinary liability is based on the unclear wording of disciplinary offenses related to the conduct of prosecutors and their compliance with ethical standards, and the absence of a clearly defined list of types of disciplinary offenses, which may entail the imposition of such disciplinary sanctions as dismissal from prosecutorial authorities, may lead to unjustified and arbitrary imposition of such sanctions.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 3
All measures of the SACP
measures, the implementation of which as of 31.03.2024
is about to begin to be completed
1 3
4
Implemented In progress
Measures implemented (fully and partially) - 1 (25%)

Deadlines for all measures

01.03.2023 - 31.12.2025

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

Prosecutor General’s Office of Ukraine

25%
4

Achievement of ESR within the limits of the Problem

The total number of OSR – 3

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

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№ Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.1.5.1 An electronic human resources management system, a transparent and effective system for evaluating the quality of the work of prosecutors, based on the results of which personnel and management decisions are made, as well as decisions on bonuses, have been introduced 2.1.5.1.1. Developing and launching an electronic human resources management system (e-HR) of prosecutorial authorities, with an integrated system for evaluating the performance of prosecutors Prosecutor General’s Office of Ukraine There is no progress in the implementation of the measure In progress
0% 0/ 2
1.2. 2.1.5.1.2. Launching a system for evaluating the performance of prosecutors based on the e-HR system Prosecutor General’s Office of Ukraine There is progress in the implementation of the measure In progress
2.1. 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 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 measure was implemented on time and in full Implemented
100% 2/ 2
2.2. 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 Implementation of the measure has started on time In progress

Key sources on the state of the problem:

1. НАЗК: Аналіз проблеми

Assessment of the situation by international monitoring mechanisms and organizations: