Prosecutor General of Ukraine
The Prosecutor General of Ukraine (also Attorney General of Ukraine, Ukrainian: Генеральний прокурор України) heads the system of official prosecution in courts known as the Office of the Prosecutor General of Ukraine (Ukrainian: Генеральна прокуратура України). The term of authority of the Prosecutor is six years. She or he is appointed and dismissed by the president with parliamentary consent. Parliament can force the Prosecutor General to resign after a vote of no-confidence.
Seal of Prosecutor General
Flag of Prosecutor General
|Formed||1 December 1991|
|Jurisdiction||Constitution of Ukraine|
|Headquarters||13/15, Riznytska st, Kiev |
|Motto||"Закон. Честь. Гідність." ("Law. Honour. Dignity.")|
|Prosecutor General of Ukraine|
Генеральний прокурор України
|Appointer||President of Ukraine|
with parliamentary consent
|Term length||Six years|
|Constituting instrument||Constitution Article 122|
|Inaugural holder||Dmytro Markevych (originally) / Viktor Shyshkin (acting)|
|Formation||Jan 18, 1918 (originally) / Nov 5, 1991 (post-declaration)|
There are seven more additional deputies to the Prosecutor General.
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 with the consent of the Verkhovna Rada (parliament). 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 powersEdit
Both in theory and in practice, the Prosecutor General and their office wield considerable power. (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 of deputies from detainment or arrest.) This is a legacy of the Soviet Union 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 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[nb 1], and other leaders of prosecution agencies.
In the early years of the Ukrainian SSR, the office of Prosecutor General was merged with the Minister of Justice until spring 1936.
|#||Prosecutor General of the Ukrainian SSR||Name|
|1||June 1922 — 1927||Mykola Skrypnyk|
|2||1927 — 1930||Vasyl Poraiko|
|3||1930 — 1933||Vasiliy Polyakov|
|4||1933 — 1935||Mikhail Mikhailik|
|5||1935 — 1936||Arkadiy Kiselyov|
|6||spring 1936||Grigoriy Zhelyeznogorskiy|
Prosecutors of Ukrainian SSREdit
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.
|#||Prosecutor of the Ukrainian SSR||Name|
|1||1938 — 1944||Leonid Yachenin|
|2||June 1944 — 1953||Roman Rudenko|
|3||August 1953 — February 1963||Denys Panasyuk|
|4||1963 — 1983||Fedir Hlukh|
|5||January 1983 — February 1990||Petro Osypenko|
List of Prosecutors GeneralEdit
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.
|#||Prosecutor General of Ukraine||Name|
|1||September 4, 1991 — October 21, 1993||Viktor Shyshkin|
|2||October 21, 1993 — October 19, 1995||Vladyslav Datsiuk|
|3||October 19, 1995 — July 22, 1997||Hryhoriy Vorsinov|
|act||July 22, 1997 — April 24, 1998||Oleh Lytvak|
|act||April 24, 1998 — July 17, 1998||Bohdan Ferents|
|4||July 17, 1998 — April 30, 2002||Mykhailo Potebenko|
|April 30, 2002 — July 6, 2002||unknown|
|5||July 6, 2002 — October 29, 2003||Sviatoslav Piskun|
|October 29, 2003 — November 18, 2003||unknown|
|6||November 18, 2003 — December 9, 2004||Hennadiy Vasylyev|
|7||December 10, 2004 — October 14, 2005||Sviatoslav Piskun|
|October 14, 2005 — November 4, 2005||unknown|
|8||November 4, 2005 — April 26, 2007||Oleksandr Medvedko|
|9||April 26, 2007 — May 24, 2007||Sviatoslav Piskun|
|act||May 24, 2007 — June 1, 2007||Viktor Shemchuk|
|10||June 1, 2007 — November 3, 2010||Oleksandr Medvedko|
|11||November 4, 2010 — February 22, 2014||Viktor Pshonka|
|comm||February 22, 2014 — February 24, 2014||Oleh Makhnitsky|
|act||February 24, 2014 — June 18, 2014||Oleh Makhnitsky(1)|
|12||June 19, 2014 — February 11, 2015||Vitaly Yarema|
|13||February 11, 2015 — March 29, 2016(2)||Viktor Shokin|
|act||March 29, 2016(3) — 12 May 2016||Yuriy Sevruk|
|14||May 12, 2016 —||Yuriy Lutsenko|
- act — acting
- comm — Parliamentary commissioner
- ^(1) 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.
- ^(2) Shokin was set to be formally dismissed since February 16, 2016 after submitting a letter of resignation and taking a vacation. On March 16 Shokin returned to his duties as if he never submitted any letters of resignation. He was formerly dismissed in a parliamentary vote on 29 March 2016.
- ^(3) Yuriy Sevruk served as acting Prosecutor being the First Deputy General Prosecutor until the official appointment of a new Prosecutor General.
- Since the 2014 Crimean crisis, the status of the Crimea and of the city of Sevastopol is under dispute between Russia and Ukraine; Ukraine and the majority of the international community considers the Crimea and Sevastopol an integral part of Ukraine, while Russia, on the other hand, considers the Crimea and Sevastopol an integral part of Russia, with Sevastopol functioning as a federal city within the Crimean Federal District.
- "Official website of the authority. Contact Us". 2017.
- Lutsenko appointed prosecutor general in Ukraine, UNIAN (12 May 2016)
- (in Ukrainian) The law on the High Council of Justice earned, Ukrayinska Pravda (5 January 2016)
- Chief prosecutor Shokin back to work – source, Interfax-Ukraine (16 March 2016)
- Chief prosecutor Shokin on leave – PGO, Interfax-Ukraine (17 February 2016)
- Amendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice, Lexology (9 June 2016)
- Gutterman, Steve. "Putin signs Crimea treaty, will not seize other Ukraine regions". Reuters.com. Retrieved 26 March 2014.
- Ukraine crisis timeline, BBC News
- UN General Assembly adopts resolution affirming Ukraine's territorial integrity, China Central Television (28 March 2014)
- U.S. prosecutor tasked with selecting officers to oversee prosecutors' actions, UNIAN (9 August 2016)
- On appointment of Makhnitsky O.I. the Commissioner to monitor the activities of the Prosecutor General of Ukraine. RESOLUTION of the Verkhovna Rada of Ukraine № 760-VII. February 22, 2014
- On appointment of O.Makhnitsky as acting General Prosecutor of Ukraine. DECREE OF THE PRESIDENT OF UKRAINE № 91/2014. February 24, 2014
- Ukrainian president dismisses Makhnitsky as acting prosecutor general, Interfax-Ukraine (18 June 2014)
- MPs agree to Yarema's appointment as prosecutor general, Interfax-Ukraine (19 June 2014)
- Ukrainian parliament backs nomination of Shokin as prosecutor general, Interfax-Ukraine (10 February 2015)
- Rada agreed to dismiss Shokin. Ukrayinska Pravda. 29 March 2016
- Profile committee recommends parliament back prosecutor general's resignation, Interfax-Ukraine (16 March 2016)
- The Prosecutor General Office: Shokin wrote a resignation letter, but at this time he is on vacations. Ukrayinska Pravda. 29 March 2016
- The office of Prosecutor General explained who will be an acting Prosecutor General. Ukrayinska Pravda. 29 March 2016
- Rada agrees to dismiss Ukrainian Prosecutor General Shokin, Interfax-Ukraine (29 March 2016)