Answers for the questionnaire for the preparation of the Opinion No. 11 of the CCPE: “Quality and efficiency of the work of prosecutors, including as regards the fight against organised crime and terrorism”
1. Does the prosecution service in your country work strategically with ensuring quality in the work of prosecutors? If yes, how is that done?
The public prosecution service of Ukraine undertakes its activity basing on the territorial principle and realises its present authority exceptionally within the framework and in a way prescribed by the Constitution of Ukraine and its legislation. The duty to administer the subordinate public prosecution service authorities and to control their work is imposed on the Prosecutor General`s Office of Ukraine and regional public prosecution service authorities.
Aiming to ensure the systematic and proper work, the public prosecution authorities draft their work plans for a relevant period. In particular, the work plans of the Prosecutor General`s Office of Ukraine and the regional prosecutors` offices are adopted for a half a year ahead and determine the most important and perspective activity which is subjected to making amendment on a quarterly basis. All the executors and the subordinate prosecutors` offices are informed of all the planned activity beforehand.
2. Which criteria are considered crucial in your country for securing the highest quality and efficiency of the work of prosecutors: their independence, impartiality, human and material resources, conditions of work etc.? Please briefly describe.
Article 3 of the Law of Ukraine “On the Public Prosecution Service” sets up the principles on which the work of the public prosecution service of Ukraine is based. In particular, it is based on the following principles: the rule of law, the recognition of a person`s life and health, honour and dignity, inviolability and security as the highest social value, the principle of legality, fairness, impartiality and objectivity, the territorial principle, the presumption of innocence, independence of prosecutors, which provides the existence of guarantees for absence of a political, material and another impact on a prosecutor in making him a decision while performing his professional duty.
Furthermore, it is secured in the legislation that the function of the public prosecution service of Ukraine shall be exclusively performed by prosecutors. Delegation of functions of the public prosecution service, as well as appropriation of these functions by other authorities or officials shall be prohibited.
Article 16 of the said Law provides the guarantees of the independence of a prosecutor which shall be guaranteed by the following:
1) special procedures of appointment and dismissal and of holding a prosecutor disciplinary liable;
2) procedures of powers exercising stipulated in the procedural and other laws;
3) prohibition of illegal influence, pressure and interference with the exercise of a public prosecutor's powers;
4) statutory procedures for financing and organizational support for the public prosecution service;
5) appropriate financial, social and pension support for prosecutors;
6) functioning of the prosecutorial self-governance institutions;
7) personal security arrangements for a public prosecutor, members of his families, his property, as well as other legal safeguards which are provided by Law.
According to part 5 of the same Article, a public prosecutor may submit a statement about a threat to his independence to the Council of Public Prosecutors of Ukraine which shall be obliged to make an immediate check and consider such statement with his participation and within its authority, which is established by this Law, take the necessary measures to eliminate a threat.
3. Are there any indicators, formal or informal, used in your country in order to assess the quality and efficiency of the work of prosecutors, for example, the number of cases considered, the length of the consideration, the complexity of the cases considered etc.? Please briefly describe.
The appropriate form for calculation of work results and the methods of forming statistic data with the usage of the information systems and comparative analysis of different reporting forms by public prosecution authorities, law enforcement bodies and judicial authorities has been established in Ukraine.
The reporting form is set up in accordance with the sectorial principle for each type of the prosecutorial and investigative activity.
The main criteria for evaluation the prosecutorial and investigative activity in this regard are the following:
- reliability of presenting results of the prosecutorial and investigative activity in primary documents and respective reporting forms;
- taking measures for improvement of forms and methods of work organisation concerning the maintenance of the Unified Register of the Pre-Trial Investigations;
- comprehensive review of statistic data aiming to ensure legality and coordination of law-enforcement authorities in the sphere of crime prevention.
At the present, the measures for implementation of the total electronic document management and cases consideration are being taken. Particularly, it is suggested to create an appropriate unified information and communication system aiming to improve the interaction between the electronic information sources of work of public prosecution authorities with another law-enforcement bodies and judicial authorities.
In order to make qualitative and effective evaluation of work results it is suggested to develop and implement the complex informational analytical system which is connected with the electronic justice and will provide safe data protection from unapproved access of unauthorised persons. Such criteria as a matter complexity, duration of its consideration etc. are to be set up.
The informal indicators in work of the public prosecution authorities of Ukraine are not used today. At the same time, the Department plans to set up the public on-line system for inquiry and evaluation of level of people`s satisfaction by work performed by the public prosecution authorities of Ukraine.
4. Is there a formal or informal procedure for evaluation of the work of prosecutors, how often it is evaluated, by whom, and with what consequences? Do the prosecutors have the right to raise formal or informal objections to the results of the evaluation and to its consequences?
Some definite procedures for evaluation of the work of prosecutors were provided by the Law of Ukraine “On the Public Prosecution Service” of 2014 while determination of the new basis of organisation and functioning of the public prosecution authorities.
In particular, the Law provides functioning of self-governance authorities which is exercised through the All-Ukrainian Conference of Public Prosecutors and the Council of Public Prosecutors of Ukraine (the provisions regarding the functioning of the prosecutorial self-governance will become valid on April 15, 2016). The prosecutorial self-governance is also carried out with the aim to improve the quality of a prosecutor`s work.
Furthermore, determination of professional preparation level of persons who have shown their intention to take a prosecutor`s position is included to the authority of the Qualification and Disciplinary Commission of Public Prosecutors (will be formed after the begging of functioning of the self-governance authorities of prosecutors).
In particular, the Law provides the evaluation of a professional level in the course of competitive selection for reassignment of a prosecutor to a prosecutor’s office of the higher level. The competitive selection procedure is determined by the Qualification and Disciplinary Commission of Public Prosecutors.
Moreover, the National Academy of Prosecutors of Ukraine is functioning under the Prosecutor General`s Office of Ukraine and is the state authority with the special status which puts into practise the preparation of candidates for a prosecutor`s position (at the stage of their selection to public prosecution authorities) and the courses of professional training for prosecutors who already work.
A head of a respective body of a public prosecution authority ensures the requirements as for the professional training of prosecutors.
The assessment of work results takes place at the public prosecution authorities of Ukraine. Particularly, part 5 of the Order of the Prosecutor General`s Office of Ukraine No. 1гн dated November 26, 2011 “On Organization of Work and Management at the Public Prosecution Authorities of Ukraine” the following criteria of evaluation of work of the public prosecution authorities of Ukraine are implemented: observance of the Constitution of Ukraine and the Ukrainian legislation while performing prosecutorial functions, ensuring due work organisation, fullness and timeliness of measures which taken to remove legality infringement, real renew of citizens’ rights and freedoms and the State`s legal interests, remuneration of inflicted damage and bringing guilty persons to liability stated by law.
Results of work of subordinate public prosecution service authorities are evaluated by the Prosecutor General`s Office of Ukraine and by regional public prosecution service authorities while making complex sectorial inspection, providing practical support, taking measures of analytical, training and methodological kinds. The stated measures can be planned or unplanned.
Subsequent to an inspection results, a prosecutor can agree with them or introduce his grounded objections.
5. As regards the fight against organised crime and terrorism, are there any specific conditions, criteria, procedures or indicators created for prosecutors in your country in order to:
a. facilitate their work?
b. evaluate their work?
The Constitution of Ukraine and the Law of Ukraine “On the Public Prosecution Service” authorise the public prosecution service to supervise over law observance of authorities which carry out operative and search activity, inquiry and pre-trial investigation. Whilst, a prosecutor exercises his rights and performs duties provided by the Law of Ukraine “On Operative and Search Activity” and by the Criminal Procedural Code of Ukraine.
The Prosecutor General, heads of regional and local authorities of public prosecution, their first deputies and deputies according to an allocation of duties, while supervision over law observance of authorities which carry out operative and search activity, inquiry and pre-trial investigation, coordinate activity of law-enforcement agencies of a respective level in the sphere of crime prevention.
Prosecutors exercise their coordination authorities though common work meetings, establishing interdepartmental working groups, and also by conducting coordinated events and doing analytical work.
The procedure for organisation and coordination activity of law-enforcement bodies, interconnection of the public prosecution authorities with the crime prevention subjects are defined by provisions, which are approved by a common order of the Prosecutor General of Ukraine, heads of another law-enforcement agencies and should be registered at the Ministry of Justice of Ukraine.
6. Are there in your country recent legislative reforms to fight more effectively against organised crime and terrorism and how are these reforms seen in relation to the quality and efficiency of the work of prosecutors? Please briefly describe.
In addition to the recent legislative amendments in the sphere of work of public prosecution service, the Plan of Realisation of the Strategy for Reforming the Judicial System, Legal Procedure and the Adjoining Law Institutions for 2015-2020, which provides the complex of events connected with increase of prosecutors` work quality and the criteria of evaluation of their performance effectiveness was approved by the Decree of the President of Ukraine No. 275/2015 dated May 20, 2015.
In particular, the following events are prescribed:
- paragraph 8.2.2 “On implementing and Modernisation of System for the (Primary) Preparation of Candidates for Their Appointment to a Position of a Prosecutor”;
- paragraph 8.2.3 “On Modernisation and Ensuring Appropriate Undergoing of Professional Training Courses”;
- paragraph 8.2.4 “On Implementing of an Appropriate System of Evaluation of Quality of the Work of a Prosecutor for Improvement of Personnel Policy”
- paragraph 8.2.5 “On Implementing an Appropriate System of Evaluation of Efficiency (Productivity) of a Public Prosecution Service for Enhancement of the Institutional Role”
The designated executors of the mentioned events are the Qualification and Disciplinary Commission of Public Prosecutors, the National Academy of Prosecutors of Ukraine, the Council of Public Prosecutors of Ukraine and the Prosecutor General`s Office of Ukraine.
7. Do you consider that current international conventions, as well as international organisations, like Eurojust, Europol and Interpol, are sufficient to effectively fight against organised crime and terrorism?
International conventions, and also the international organisations like Eurojust, Europol and Interpol are the important international instruments for combatting with organised crime and terrorism.
In particular, Ukraine, realising the urgent problems which are the consequence of the organised international crime, especially terrorism, human trafficking etc., have made an Agreement between the European Police Office and Ukraine on Strategic Co-operation.
The arrangements have been also reached with the Europol about making an agreement on operative co-operation which aimed to extent respective cooperation of parties. Particularly, the agreement provides the organisation of co-operation between Ukraine and the Europol for the purpose of support the member states of the European Union in prevention and combatting with the organised crime, terrorism and another forms of international crime, particularly by means of exchange of information between Ukraine and the Europol.
In addition, at the present time there is the completion of execution of procedures which are necessary for the signing preparation of the Co-operation Agreement between Ukraine and Eurojust.
The said international document will create the legal basis for Ukraine for using the possibilities of Eurojust as for the improvement of international co-operation in the course of a criminal proceedings, particularly for the prompt information exchange, co-ordination of actions in countering transnational crimes and for assisting evidence gathering.
Such co-operation will take the efficiency of the common work of law-enforcement agencies and the member states of the European Union while investigating criminal offences, particularly of transnational kind, including computer crimes, fraud and corruption, money laundering and human trafficking, to a new level.
Co-operation of the Ukrainian law-enforcement agencies with the competent authorities of foreign countries as for solving issues of combatting with crimes which have the transnational character or go beyond the Ukrainian border also takes place through the Interpol National Central Bureau which represents Ukraine in the International Criminal Police Organization (Interpol) and constitutes the centre of coordination between the State`s law-enforcement agencies and competent authorities of foreign countries as for solving issues of combatting with crime which have the transnational character or go beyond the Ukrainian border.
Translator of the Prosecutor General`s Office of Ukraine A. Prokhorenko