Open AccessTheoretical and legal analysis of lacunae in reforming the prosecution authorities system
Author(s) -
Irina Kostenko,
Sofia Ogievich
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.2.2020.33
Subject(s) - dismissal , law , legislature , torture , political science , legislation , administration (probate law) , human rights
As a basis for the study, we have taken the draft Law “On Amendments to Certain Legislative Acts of Ukraine on Priority Mea -sures for the Reform of the Prosecutor’s Office”, namely the amendments directly related to the Law of Ukraine “On the Prosecutor’sOffice”. In the article we have distinguished the provisions of the draft law, which are not in compliance with the legislation of Ukraineand are not sufficiently substantiated. They were renamed structural bodies (the Prosecutor General’s Office – to the Attorney General’sOffice; regional prosecutor’s offices – to the regional; local – to the district), as this would allow the dismissal of employees of suchbodies on the basis of liquidation or reorganization of the relevant structure. This includes the elimination of military prosecutors’offices, which is unjustified in the conditions of military aggression in the east of Ukraine and the mass violation of fundamental humanrights and freedoms by the ill-treatment, torture and murder of prisoners and civilians. The article also examines the procedure of performanceappraisal and identifies the difficulties that will arise in its implementation, in particular in connection with the considerationof anonymous complaints against prosecutors, which may lead to misuse of their submission. The study found that the dismissal ofprosecutors through the liquidation or reorganization of structural bodies will not comply with some of the provisions of the legislationof Ukraine. Analyzing the situation arising from the adoption of the draft Law “On Amendments to Certain Legislative Acts of Ukraineon Priority Measures for the Reform of the Prosecutor’s Office”, it can be noted that an unlimited range of powers will be concentratedin the hands of the Prosecutor General, which may lead to abuse of his office. person. In the course of the study, it is fully justified thatthe reform of the Prosecutor’s Office has a significant number of shortcomings and needs substantial revision.