The updated draft law stipulates the significant change of the legal status of prosecution authorities.
The Verkhovna Rada of Ukraine has endorsed in the first reading the amendments to the Constitution of Ukraine in terms of justice. The relevant draft law №3524 has been preliminarily endorsed by 244 people’s deputies, RBC-Ukraine reports.
Thus, as per this document, the parliament reserves the right to impeach credit to the Prosecutor General.
It is also proposed to fully exclude Section VII “Public Prosecutor’s Office” from the Constitution of Ukraine and to include the provisions, brought into conformity with international and European standards, defining the legal status of prosecution authorities, into Section VIII “Justice”.
In particular, some non-relevant (as per European standards) functions have been removed from the list of public prosecutor’s functions, such as: oversight over the observance of rights and freedoms of man and citizen; oversight over the observance of laws on these matters by executive authorities; self-government authorities , their officials’ oversight (so-called “General Oversight”) over the observance of laws during the execution of court rulings on criminal cases as well as during application of other measures of compulsory nature, associated with restriction of freedom of citizens.
As a consequence of proposed amendments, prosecution authorities will have wider procedural opportunities for much more qualitative execution of relevant prosecutor’s functions – support of public prosecution in court, procedural conduction of pretrial investigation; solution of other matters under the law during criminal proceeding; oversight over secret and other investigative and search activities of law enforcement authorities.
The President’s draft law stipulates to establish that the judge can be dismissed exclusively as per the decision of the CC by not less than two thirds of its constitutional composition.
It is proposed to stipulate that CC judge cannot be prosecuted for voting in connection with passing court judgments and presentation of its conclusions, except for committing crime or disciplinary offence.
It should be emphasized that without consent of the Constitutional Court CC judge cannot be apprehended or arrested, except for the apprehension of the judge during or immediately after committing serious and extremely serious crimes.
In addition, it is proposed to deprive the parliament of the right to give consent to the arrest of judges. Thus, as per the document, the consent of the High Council of Justice is required for arrest of the judge –the President proposes namely this authority to convert to the High Council of Justice.
Thus, as per this document, without the consent of the High Council of Justice the judge cannot be apprehended or accused in custody or under arrest before pronouncement of guilty verdict by the court, except for apprehension of the judge during or immediately after committing serious and extremely serious crimes.
In addition, the draft law stipulates to deprive the President of the right to create courts. Thus, the draft law stipulates the delegation of authorities to people’s deputies on creation, liquidation and reorganization of courts.
In the meantime, it is stipulated that before the implementation of administrative-territorial division in accordance with amendments to the Constitution on decentralization of power, but not more than till December 31, 2017, creation, reorganization and liquidation of courts is carried out by the President.
It should be reminded that as per the relevant norms of Art.157 and 158 of the Constitution of Ukraine the Constitutional Court of Ukraine acknowledged the completed Draft Law On Introduction of Amendments to Constitution of Ukraine (in terms of justice)”.
