Draft bill #10060 of September 15, 2023
Sponsors: The Cabinet of Ministers
Status: draft law sent to the Committee for consideration
Who is affected: Specialized Anti-Corruption Prosecutor’s Office (SAPO), Prosecutor General’s Office.
Summary of the bill:
The head of the SAPO :
- will be a supervisor for SAPO prosecutors instead of the Prosecutor General;
- will simultaneously be a Deputy Prosecutor General and have access to state secrets;
- will determine the structure and staff of the SAPO independently;
- exercises the powers of the head of the prosecutor’s office as provided for by the Criminal Procedure Code;
Appointment of the SAPO leadership
the Deputy Prosecutor General – Head of the SAPO, the First Deputy Head of the SAPO and the Deputy Head of the SAPO will be appointed by the Prosecutor General, and the Head and Deputy Head of the SAPO unit will be appointed by the Head of the SAPO based on the results of the competition;
The competition commission consists of three persons appointed by the Prosecutor General on the basis of proposals from:
- the Council of Prosecutors of Ukraine
- specialized international and foreign organizations;
The members of the competition commission must be persons who have
- impeccable professional reputation,
- high professional and moral qualities, public credibility,
- at least five years of experience in procedural management of pre-trial investigation, supporting public prosecution in court, administration of justice, activities in the field of prevention or counteraction to corruption;
The competition commission can exercise its powers if it has been approved in full. A member of the competition commission must withdraw if he/she is or was in a personal or business relationship with the candidate and/or had another conflict of interest;
Work of the competition commission
- A meeting of the competition commission is deemed to have taken place if it is attended by at least four members, including at least two from international and foreign organizations. To make a decision, at least four members of the commission, including two nominated by international organizations, must vote for it;
- if it is not possible to form a quorum within 10 days or two consecutive meetings of the commission, the meeting of the competition commission is considered to have taken place if at least three members of the competition commission, including two from international and foreign organizations, participate in it. In this case, the decision is made by the votes of at least two members of the commission;
- two candidates selected by the commission are submitted to the Prosecutor General, who is obliged to appoint one of the candidates selected by the competition commission to the position of the Head of the SAPO within three days.
Appointment of SAPO prosecutors
- Appointment to the position of SAPO prosecutor and to administrative positions is based on the results of an open competition;
- the competition commission shall include:
- three persons appointed by the Head of the SAPO;
- three persons appointed by the Head of the SAPO on the basis of proposals of specialized international and foreign organizations.
Administrative issues
The SAPO will become a legal entity under public law, with separate property, a seal, and treasury accounts. It also provides that:
- The SAPO should be located separately from the premises of the Prosecutor General’s Office;
- an office, a department of classified work, a human resources management unit and other units are established within the SAPO. These units are subordinated to the Head of the SAPO;
- the total number of employees of the SAPO is 15 percent of the maximum number of central and territorial departments of the NABU.
Evaluation of the SAPO performance
- every two years, but not more than twice during the term of office of the Head of the SAPO (5 years), an external independent assessment (audit) of the SAPO performance is conducted;
- such an assessment is conducted by the Evaluation Commission consisting of three persons appointed by the Prosecutor General on the basis of proposals of specialized international and foreign organizations;
- a conclusion on improper performance of duties by the Head of the SAPO, which resulted in inefficiency of the SAPO, is a ground for dismissal of the Head.
Disciplinary commission of SAPO prosecutors
- is established to resolve issues of disciplinary responsibility of SAPO prosecutors, transfer and dismissal of such prosecutors;
- the Commission consists of six persons appointed by the Prosecutor General on the basis of proposals of specialized international and foreign organizations;
- the members of the Commission may be citizens of Ukraine who speak the state language, have a higher legal education and at least 10 years of work experience in the field of law, impeccable business reputation, high professional and moral qualities, public authority, meet the criteria of integrity, and have at least two years of experience in preventing or combating corruption.
What is right:
- will increase the efficiency of the SAPO;
- will advance the fulfillment of Ukraine’s obligations to the International Monetary Fund;
- removes the unconstitutional power of the Verkhovna Rada to delegate members of the selection panel to appoint the head of the SAPO.