The Rada supported the reform of the prosecutor’s office: what will change and why the draft law caused criticism

On November 11, the Verkhovna Rada of Ukraine supported in the first reading draft law No. 16144, which provides for changes in the organization of the work of the prosecutor’s office, the procedure for appointing heads, and the evaluation of prosecutors’ activities. At the same time, representatives of the anti-corruption environment express reservations about the real independence of the proposed system.

236 people’s deputies voted for the relevant decision.

What does the reform of the prosecutor’s office provide for?

Draft law No. 16144 is aimed at improving the organizational principles of the work of prosecutors’ offices and strengthening the independence of prosecutorial self-government.

The document proposes several key changes:

A new procedure for appointing heads of prosecutor’s offices. It is planned to introduce competitive procedures for selecting heads of various levels.
Evaluation of prosecutors’ work. It is planned to create mechanisms for verifying the quality and effectiveness of their professional activities.
Expansion of the powers of the Council of Prosecutors. The prosecutorial self-government body will receive additional influence on personnel decisions.
Creation of the Council of Ethical Standards. The new body will verify the integrity and professional competence of candidates for the Council of Prosecutors and the Qualification and Disciplinary Commission of Prosecutors.

The latter, in particular, is responsible for considering disciplinary cases against prosecutors.

Why is the draft law being criticized?

Despite the declared goal of strengthening the independence of the prosecutor’s office, the proposed model has drawn criticism from the Anti-Corruption Center (ACC).

Deputy Executive Director of the ACC Olena Shcherban drew attention to the fact that key personnel decisions will actually remain within the prosecutorial system.

In particular, it is proposed that heads of departments of the Prosecutor General’s Office be elected by commissions consisting of six officials of the Prosecutor General’s Office and one representative of the Council of Prosecutors.

At the same time, the selection of heads of regional and district prosecutor’s offices will be carried out by the Council of Prosecutors, formed from representatives of the prosecutorial community.

According to the CPC representative, this approach creates a risk of maintaining the influence of the current leadership on personnel appointments.

Will the Ethical Standards Council provide independent control?

There are some reservations regarding the creation of the Ethical Standards Council.

According to Olena Shcherban, the proposed mechanism for forming this body does not guarantee the independence of inspections, since the majority of votes in its permanent composition will be held by representatives delegated by the Prosecutors’ Council.

In addition, the draft law does not provide for the re-certification of prosecutors and an independent competition for the position of Prosecutor General.

The CPC representative believes that without such mechanisms, the reform may not provide for the necessary changes in the personnel policy of the prosecutor’s office.

What will happen next?

Draft Law No. 16144 has so far passed only the first reading.

For the final adoption of the document, the Verkhovna Rada must consider it in the second reading. Until then, the provisions of the draft law may be changed taking into account the submitted amendments.

After the law is adopted as a whole, the document must undergo the procedure of signing and official publication.