Article 11.2.
Prosecution services

Article provisions:
11.2. Measures to the same effect as those taken pursuant to paragraph 1 of this article may be introduced and applied within the prosecution service in those States Parties where it does not form part of the judiciary but enjoys independence similar to that of the judicial service.
State evaluation
Public evaluation
Ukrainian legislation on the independence of prosecutors and the fight against corruption in the prosecutor’s office is partially compliant with Article 11 of the UNCAC. The organizational structure of the prosecutor’s office, established by law, does not ensure the independence of prosecutors. There are several shortcomings in the amendments recently made in the legislation aimed at reforming the prosecutor’s office.

The implementation of the law in practice is moderate. Even after being dismissed, many prosecutors were reinstated. A certain hierarchy remains in the prosecution services, so that the higher-level prosecutors have many ways of influencing the lower-level prosecutors. The position of Prosecutor General is highly politicized and controlled due to insufficient safeguards in their appointment and dismissal.

In short

State of implementation

Practices

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negative

The attempt to reform the prosecutor's office and courts by introducing a mandatory assessment of the integrity and professionalism of prosecutors.
Prosecutors acknowledge their problem of lack of independence and are ready to fight this issue.
There is still a clear hierarchy in the prosecutor's office. This makes subordinates more dependent on their leadership. The leadership has sufficient leverage over prosecutors.
The Prosecutor General is a highly politicized figure. He or she is dependent on the President and the Parliament, as he or she is appointed and dismissed at the political will of these authorities.
The certification of prosecutors has not completely cleared the body of unscrupulous employees.
The activities of the General Inspectorate are dependent on the Prosecutor General. Through this body, the Prosecutor General can put pressure on any prosecutor by conducting official investigations and bringing him or her to disciplinary liability.
State evaluation will be published soon

In short

State of implementation

Practices

positive

negative

Example of positive practice
Example of positive practice
Example of positive practice
Example of negative practice
Example of negative practice
Example of negative practice
Actual research and materials
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    Public reports
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    State reports
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
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