Draft bill #10060-1 of September 29, 2023 

Cosponsors: a group of 7 MPs from the Servant of the People faction with Vladlen Nekliudov as the first signatory 

Status: submitted to the dedicated parliamentary committee for review 

Who is affected: Specialized Anti-Corruption Prosecutor’s Office (SAP) and the Office of the Prosecutor General. 

Summary of the bill: 

Head of SAP: 

  • will be the supervisor for SAP prosecutors instead of the Prosecutor General 
  • will simultaneously serve as Deputy Prosecutor General and have access to state secrets 

The appointment of SAP leadership 

The Deputy Prosecutor General (Head of the SAP), the First Deputy Head of SAP, and the Deputy Head of SAP will be appointed by the Prosecutor General, while the Head and Deputy Head of the SAP unit will be appointed by the Head of SAP after an open competition. 

The selection committee will consist of three members approved by the Prosecutor General based on the following proposals: 

  • three candidates nominated by the Verkhovna Rada of Ukraine 
  • two candidates nominated by the Council of Prosecutors of Ukraine 
  • five candidates nominated by the Prosecutor General based on proposals from dedicated international and foreign organizations 

Candidates for the selection committee should meet the following requirements: 

  • have an impeccable business reputation 
  • be recognized by the public for their high professionalism and integrity 
  • have at least five years’ experience in procedural management of pre-trial investigation, supporting public prosecution in court, administering justice, working in the field of corruption prevention or counteraction 

The following individuals cannot be members of the selection committee: 

  • authorized to perform state or local self-government functions, members of political parties 
  • declared legally incapable or partially capable by a court 
  • have an unexpunged conviction or have been fined for committing corruption offenses within the last year. 

The selection committee may exercise its powers if its full composition has been approved. 

The work of the selection committee 

  • the meeting of the selection committee is valid if it is attended by no less than seven members, including no less than four nominated by international and foreign organizations 
  • to make a decision, at least seven votes from the committee members are required, including four from members nominated by international and foreign organizations 
  • two candidates selected by the committee are proposed to the Prosecutor General, who is obliged within three days to appoint one of the candidates selected by the committee as the Head of SAP. 

Appointment of SAP prosecutors 

  • SAP prosecutors and administrative employees of SAP will be appointed via open competition. 

The selection committee will include: 

  • three members proposed by the Head of SAP 
  • three members approved by the Head of SAP based on the proposals from dedicated international and foreign organizations 

Evaluation of the effectiveness of SAP’s work 

  • every two years, but not more than twice during the time that one Head of SAP holds the office (5 years), an external independent evaluation (audit) of the efficiency of the SAP’s work is conducted 
  • such an evaluation is conducted by the evaluation commission: 
  • two members appointed by the Verkhovna Rada of Ukraine 
  • one member appointed by the Council of Prosecutors of Ukraine 
  • three members appointed by the Prosecutor General based on proposals from dedicated international and foreign organizations 
  • if the audit proves that the Head’s performance is unsatisfactory and this caused the inefficiency of SAP’s work, the Head can be dismissed. 

Disciplinary commission of SAP prosecutors 

  • is created to decide on the disciplinary liability of SAP prosecutors, their transfer, or dismissal from office 
  • the commission is composed of: 
  • three members nominated by the Verkhovna Rada of Ukraine 
  • two members nominated by the Council of Prosecutors of Ukraine 
  • five members appointed by the Prosecutor General based on proposals from dedicated international and foreign organizations 

Role of the Verkhovna Rada 

  • the Parliamentary Committee on Law Enforcement will also oversee the work of the SAP 
  • the Head of SAP will annually report on the activities of SAP to the Verkhovna Rada by April 1 at the latest 
  • if SAP performance is voted unsatisfactory by the Verkhovna Rada, the Head of SAP can be dismissed. 

What is wrong: 

  • the strengthening of the independence of the Head of SAP is declared, but the Head will not be able to define the structure and staff of the SAP autonomously and exercise the powers of a prosecutor’s office body head as is required in the Code of Criminal Procedure 
  • although the bill proposes that SAP should be moved away from the premises of the Prosecutor General’s Office, SAP will still not become a legal entity of public law, will not have its own property, seal, or treasury accounts. As a result, it will be dependent on the Office of the Prosecutor General 
  • the Parliament cannot delegate members to the selection committees or disciplinary commission in question: this contradicts the Constitution. The powers of the Verkhovna Rada are defined in the Constitution and cannot be expanded by a regular law.