General Prosecutor of Ukraine
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The prosecutor general of Ukraine (also procurator general of Ukraine, uk, Генеральний прокурор України) heads the system of official prosecution in courts known as the Office of the Prosecutor General ( uk, Офіс Генерального прокурора). In 1991 the post was inherited from the socialist law state. The term of authority of the prosecutor is six years.The law on the High Council of Justice earned
Ukrayinska Pravda ''Ukrainska Pravda'' ( uk, Українська правда, lit=Ukrainian Truth) is a Ukrainian online newspaper founded by Georgiy Gongadze on 16 April 2000 (the day of the Ukrainian constitutional referendum). Published mainly in Ukrai ...
(5 January 2016)
The prosecutor general is appointed and dismissed by the president with
parliamentary A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
consent. Parliament can force the prosecutor general to resign after a ''vote of no-confidence''.Chief prosecutor Shokin back to work – source
Interfax-Ukraine The Interfax-Ukraine ( uk, Інтерфакс-Україна) is a Kyiv-based Ukrainian independent news agency founded in 1992. The company does not belong to the Russian news corporation Interfax Information Services. The company publishes i ...
(16 March 2016)
The current prosecutor general since 27 July 2022 is
Andriy Kostin Andriy Yevhenovych Kostin ( uk, Андрій Євгенович Костін; born 17 April 1973) is a Ukrainian lawyer and politician. , he is a member of the Verkhovna Rada, the Ukrainian parliament, since he was elected to it 2019. Kostin was ...
. There are seven more additional deputies to the prosecutor general. The Prosecution General Office is a state institution that is directly proscribed in the Constitution of Ukraine along with the
Cabinet of Ukraine The Cabinet of Ministers of Ukraine ( uk, Кабінет Міністрів України, translit=Kabinet Ministriv Ukrainy; shortened to CabMin), commonly referred to as the Government of Ukraine ( uk, Уряд України, ''Uriad Ukrai ...
, the Constitutional court of Ukraine, the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, the
Verkhovna Rada The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...
, and the
President of Ukraine The president of Ukraine ( uk, Президент України, Prezydent Ukrainy) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, condu ...
. Since its establishment in 1917/18, the Prosecutor General Office of Ukraine was subordinated to the
Government of Ukraine The Cabinet of Ministers of Ukraine ( uk, Кабінет Міністрів України, translit=Kabinet Ministriv Ukrainy; shortened to CabMin), commonly referred to as the Government of Ukraine ( uk, Уряд України, ''Uriad Ukrai ...
, while the prosecutor general held the post of the minister of justice.ГЕНЕРАЛЬНИЙ ПРОКУРОР УКРАЇНИ
In 1922 it was reorganized under socialist law after the Soviet occupation of Ukraine. With adaptation of the Stalin's Constitution of 1936/37, the office's subordination changed and, instead of being subordinated to the government of Ukraine, it was directly subordinated to the Prosecutor General Office of the Soviet Union. The status of the office was lowered and no longer held any posts in the government of the
union republic The Republics of the Union of Soviet Socialist Republics or the Union Republics ( rus, Сою́зные Респу́блики, r=Soyúznye Respúbliki) were national-based administrative units of the Union of Soviet Socialist Republics ...
. With the
dissolution of the Soviet Union The dissolution of the Soviet Union, also negatively connoted as rus, Разва́л Сове́тского Сою́за, r=Razvál Sovétskogo Soyúza, ''Ruining of the Soviet Union''. was the process of internal disintegration within the Sov ...
in 1991, the Prosecutor General Office of Ukraine exists as an independent agency.


Definition

The Office of the Prosecutor General is entrusted with: # prosecution in court on behalf of the State; # representation of the interests of a citizen or of the State in court in cases determined by law; # supervision of the observance of laws by bodies that conduct detective and search activity, inquiry and pre-trial investigation; # supervision of the observance of laws in the execution of judicial decisions in criminal cases, and also in the application of other measures of coercion related to the restraint of personal liberty of citizens. The prosecutor general is appointed to office by the
president of Ukraine The president of Ukraine ( uk, Президент України, Prezydent Ukrainy) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, condu ...
with the consent of the
Verkhovna Rada The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...
(parliament).Chief prosecutor Shokin on leave – PGO
Interfax-Ukraine The Interfax-Ukraine ( uk, Інтерфакс-Україна) is a Kyiv-based Ukrainian independent news agency founded in 1992. The company does not belong to the Russian news corporation Interfax Information Services. The company publishes i ...
(17 February 2016)
The prosecutor is dismissed from office by the president. The Verkhovna Rada may express no confidence in the prosecutor which will results, after a required number of votes is achieved, in their resignation from office.


Duties and powers

Both in theory and in practice, the prosecutor general and their office wield considerable power.Amendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice
Lexology (9 June 2016)
(For instance, only the prosecutor general and the chairman of the Supreme Court of Ukraine may file requests to the Verkhovna Rada to withhold the
immunity Immunity may refer to: Medicine * Immunity (medical), resistance of an organism to infection or disease * ''Immunity'' (journal), a scientific journal published by Cell Press Biology * Immune system Engineering * Radiofrequence immunity de ...
of deputies from detainment or arrest.) This is a legacy of the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
state prosecutor's office founded in 1937 of which the current Prosecutor General Office is the successor. After Ukraine's independence in 1991, many of the Prosecutor General Office functions were expanded. In 2016 the powers of the Prosecutor General Office were decreased and (starting in January 2017) limited to: *Organization and leadership of pre-trial investigations; *Support of public prosecution in the courts; and *Representation of the state's interest in the courts, according to the law. On annual basis, the prosecutor general has to report to the
Verkhovna Rada The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...
about the legal situation in the country. The prosecutor general creates a collegiate council consisting out of the prosecutor general, their first and other deputies, the prosecutor of the
Autonomous Republic of Crimea The Autonomous Republic of Crimea, commonly known as Crimea, is a de jure autonomous republic of Ukraine encompassing most of Crimea that was annexed by Russia in 2014. The Autonomous Republic of Crimea occupies most of the peninsula,
, and other leaders of prosecution agencies. The independent agency ''
General Inspectorate A general officer is an officer of high rank in the armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers to a rank above colonel."general, adj. and n.". OED On ...
'' oversees "the legality of actions undertaken by prosecutors and investigators of the whole prosecution system".


Structure

* Prosecutor's Office of the Autonomous Republic of Crimea *Prosecutor's Office of Cherkasy Oblast *Prosecutor's Office of Chernihiv Oblast *Prosecutor's Office of Chernivtsi Oblast *Prosecutor's Office of Dnipropetrovsk Oblast *Prosecutor's Office of Donetsk Oblast *Prosecutor's Office of Ivano-Frankivsk Oblast *Prosecutor's Office of Kharkiv Oblast *Prosecutor's Office of Kherson Oblast *Prosecutor's Office of Khmelnytskyi Oblast *Prosecutor's Office of Kirovohrad Oblast *Prosecutor's Office of Kyiv City *Prosecutor's Office of Kyiv Oblast *Prosecutor's Office of Luhansk Oblast *Prosecutor's Office of Lviv Oblast *Prosecutor's Office of Mykolaiv Oblast *Prosecutor's Office of Odesa Oblast *Prosecutor's Office of Poltava Oblast *Prosecutor's Office of Rivne Oblast *Prosecutor's Office of Sumy Oblast *Prosecutor's Office of Ternopil Oblast *Prosecutor's Office of Vinnytsia Oblast *Prosecutor's Office of Volyn Oblast *Prosecutor's Office of Zakarpattia Oblast *Prosecutor's Office of Zaporizhia Oblast *Prosecutor's Office of Zhytomyr Oblast *Military Prosecutor's Office of Joint Forces *Military Prosecutor's Office of Ukrainian Central Region *Military Prosecutor's Office of Ukrainian Southern Region *Military Prosecutor's Office of Ukrainian Western Region * National Academy of Prosecution of Ukraine


Separate organizations

* Specialized Anti-Corruption Prosecutor's Office * Military Prosecutor * General Inspection * Primary Trade Union Organization of the Prosecutor General Office of Ukraine employees


Leadership

* Prosecutor General – Iryna Venediktova (17 March 2020) * Deputy Prosecutor General – Viktor Trepak (8 October 2019) * Deputy Prosecutor General – Günduz Mamedov (18 October 2019) * Deputy Prosecutor General—Director of Specialized Anti-Corruption Prosecutor's Office – Nazar Kholodnytskyi (30 November 2015)


History


Early period

The post of Prosecutor General appeared back in 1917. After Ukraine declared its independence from the
Russian Republic The Russian Republic,. referred to as the Russian Democratic Federal Republic. in the 1918 Constitution, was a short-lived state which controlled, ''de jure'', the territory of the former Russian Empire after its proclamation by the Rus ...
due to the Bolshevik's aggression and became the
Ukrainian People's Republic The Ukrainian People's Republic (UPR), or Ukrainian National Republic (UNR), was a country in Eastern Europe that existed between 1917 and 1920. It was declared following the February Revolution in Russia by the First Universal. In March 1 ...
, the post was held by the minister of justice.


Soviet period

After the occupation of Ukraine by Bolsheviks in June 1922 there was established the Prosecutor's Office of the Ukrainian SSR. In the early years of the
Ukrainian SSR The Ukrainian Soviet Socialist Republic ( uk, Украї́нська Радя́нська Соціалісти́чна Респу́бліка, ; russian: Украи́нская Сове́тская Социалисти́ческая Респ ...
, the office of prosecutor general was merged with the minister of justice until spring 1936. From 1937 to 1991 the republican prosecution office of Ukraine was subordinated to the prosecutor general of the USSR. Until 1937 the prosecutor general of Ukraine was appointed by the higher bodies of state power of Ukraine.


List of prosecutors general

This list shows prosecutors of independent Ukraine. In the absence of the prosecutor general, the office is headed by their first deputy as the acting prosecutor general. Prior to January 2017, the term of authority of the prosecutor was five years. Since January 2017 this was increased to six years. ''Legend:'' * act — acting * comm — parliamentary commissioner ''Notes:'' * Makhnitskyi served as acting prosecutor by being appointed by the acting president of Ukraine. Makhnitskyi is also the only head of the office in the post-Soviet Ukraine who served as a parliamentary commissioner. * Shokin was set to be formally dismissed since February 16, 2016Profile committee recommends parliament back prosecutor general's resignation
Interfax-Ukraine The Interfax-Ukraine ( uk, Інтерфакс-Україна) is a Kyiv-based Ukrainian independent news agency founded in 1992. The company does not belong to the Russian news corporation Interfax Information Services. The company publishes i ...
(16 March 2016)
after submitting a letter of resignation and taking a vacation.The Prosecutor General Office: Shokin wrote a resignation letter, but at this time he is on vacations
Ukrayinska Pravda ''Ukrainska Pravda'' ( uk, Українська правда, lit=Ukrainian Truth) is a Ukrainian online newspaper founded by Georgiy Gongadze on 16 April 2000 (the day of the Ukrainian constitutional referendum). Published mainly in Ukrai ...
. 29 March 2016
On March 16 Shokin returned to his duties as if he never submitted any letters of resignation. He was formally dismissed in a parliamentary vote on 29 March 2016.Rada agrees to dismiss Ukrainian Prosecutor General Shokin
Interfax-Ukraine The Interfax-Ukraine ( uk, Інтерфакс-Україна) is a Kyiv-based Ukrainian independent news agency founded in 1992. The company does not belong to the Russian news corporation Interfax Information Services. The company publishes i ...
(29 March 2016)
* Yuriy Sevruk served as acting prosecutor being the first deputy general prosecutor until the official appointment of a new Prosecutor General.The office of Prosecutor General explained who will be an acting Prosecutor General
''
Ukrayinska Pravda ''Ukrainska Pravda'' ( uk, Українська правда, lit=Ukrainian Truth) is a Ukrainian online newspaper founded by Georgiy Gongadze on 16 April 2000 (the day of the Ukrainian constitutional referendum). Published mainly in Ukrai ...
''. 29 March 2016


See also

* Judicial system of Ukraine * Ministry of Justice (Ukraine)


Notes


References


External links


Law of Ukraine "On Prosecutor"s Office"


Prosecutor General's Office website {{DEFAULTSORT:General Prosecutor Of Ukraine
Prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
* Independent agencies of the Ukrainian government Presidency of Ukraine