CoE Project

Continued Support to the Criminal Justice Reform in Ukraine

On 29 January 2019 the Round Table “Disciplinary Responsibility of Prosecutors of Ukraine” was organised in Kyiv by the Centre for Policy and Legal Reform (CPLR) as part of grant projects of the Council of Europe and the European Union.

Presentation of the CPLR research in the area concerned was the main objective of the event. Six authors, representatives of the Qualification and Disciplinary Commission of Prosecutors (QDPC), lawyers, law enforcement officials, scholars, representatives of human rights organisations, as well as international organisations’ delegations gathered to discuss the Ukrainian legislation and the practice of bringing the prosecutors to the disciplinary responsibility by the QDCP.

The study presented contains some practical recommendations on improving the practice of bringing the prosecutors to disciplinary responsibility, including but no limiting to the following: determine the general period of disciplinary proceedings, provide for the possibility of challenging the decisions on refusal to open disciplinary proceedings against the prosecutor, refrain from using in disciplinary proceedings information obtained as a result of covert investigative actions of law enforcement agencies, refrain from recognition of the loss by a prosecutor of a service ID as a disciplinary offense, refrain from making decisions on the deprivation of bonuses of prosecutors as a measure of disciplinary influence.

Mr Jeremy McBride, Council of Europe international consultant, who has been actively engaged in the Ukrainian criminal justice reform for over 10 years, has commented on the research and discussion provided with the international perspective on the disciplinary responsibilities of prosecutors. “Standard of probability shall be considered for these cases rather than the standard of proof beyond the reasonable doubt”, he said. 

The round table touched upon different issues concerning QDPC activity, including their remit, practice, financing, secretariat and their independence, as well as the cooperation between the civil society and the QDCP as to the issues concerned.

“The cultural paradigm has changed: civil society, QDCP and Prosecutor General’s Office are having a constructive discussion at the round table”, concluded Ms Olga Dubinska, Legal Adviser of the Council of Europe Project “Continued Support to the Criminal Justice Reform in Ukraine”.

The activity was organised within the framework of the grant project implemented by the CPLR  under the Council of Europe Project “Continued Support to the Criminal Justice Reform in Ukraine”, funded by the Government of Denmark.

The Publication “Disciplinary Responsibility of Prosecutors of Ukraine” (available in Ukrainian only) and its summary (in Ukrainian or English) can be downloaded  here.

Photos © Centre for Policy and Legal Reform