On April 15, 2017, the provisions of the Law of Ukraine “On the Public Prosecutor’s Office” concerning the operation of prosecutorial self-governance bodies and Qualification and Disciplinary Commission of Public Prosecutors (hereinafter – “the Commission”) became effective.
Prior to these provisions becoming effective, the matters associated with appointment, transferring, disciplinary liability and dismissal of prosecutors were addressed solely by the Prosecutor General or by the heads of the regional prosecutor’s offices.
The abovementioned Law defined status, powers, composition and procedures for the Commission.
The Commission is a collegial body that, according to the powers granted by the Law, determines the level of professional training of those individuals who have expressed their intention to hold a position of a prosecutor and addresses matters of their disciplinary liability, transferring and dismissal.
|THE COMMISSION IS COMPOSED OF ELEVEN MEMBERS|
|5||prosecutors appointed by the All-Ukrainian Conference of Public Prosecutors.|
|2||academics appointed by the Congress of Representatives of Higher Education and Research Institutions in the Area of Law.|
|1||defence attorney appointed by the Bar Congress of Ukraine.|
|3||individuals appointed by the Ukrainian Parliament Commissioner for Human Rights (Ombudsman) upon consent of the Verkhovna Rada Committee responsible for the organisation and operation of public prosecutor’s offices.|
Formation of the Commission started in November 2014 with the appointment of two individuals (academics) elected by the Congress of Representatives of Higher Education and Research Institutions in the Area of Law and one individual (defence attorney) delegated by the Bar Congress of Ukraine.
|April 12, 2017||Verkhovna Rada Committee on Legislative Support of Law Enforcement approved the appointment of three individuals to the Commission suggested by the Ombudsman.|
|April 27, 2017||
The highest body of prosecutorial self-governance, the All-Ukrainian Conference of Public Prosecutors, appointed five members of the Commission selected from among prosecutors.
The All-Ukrainian Conference of Public Prosecutors also adopted the Regulation on Proceedings of the Qualification and Disciplinary Commission of Public Prosecutors that sets forth the procedure for formulating, considering and deciding upon issues which according to the Law of Ukraine “On the Public Prosecutor’s Office” fall within the scope of the Commission’s competence, along with other issues related to organisation of the Commission’s activity.
|May 25, 2017||The Commission was registered as a legal entity.|