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词条 Prosecutor General of Ukraine
释义

  1. Definition

  2. Duties and powers

  3. Supporting agencies

  4. USSR Prosecutors General

  5. Prosecutors of Ukrainian SSR

  6. List of Prosecutors General

  7. Ranks

  8. See also

  9. Notes

  10. References

  11. External links

{{Infobox government agency
|agency_name = Prosecutor General of Ukraine (Генеральна прокуратура України)
|type = Agency
|seal = Emblem of the Office of the Prosecutor General of Ukraine.svg
|seal_width = 200px
|seal_caption = Seal of Prosecutor General
|logo = Flag of the Office of the Prosecutor General of Ukraine.svg
|logo_width = 200px
|logo_caption = Flag of Prosecutor General
|picture =
|formed = 1 December 1991
|jurisdiction = Constitution of Ukraine
|headquarters = 13/15, Riznytska st, Kiev [1]
|coordinates =
|employees = 15,000 (2017)
|budget =
|chief1_name = Yuriy Lutsenko (since 12 May 2016)[2]
|chief1_position = Attorney General
|chief2_name =
|chief2_position =
|motto = "Закон. Честь. Гідність." ("Law. Honour. Dignity.")
|website = Official website
}}{{Infobox Political post
|post = Prosecutor General
|body = Ukraine
Генеральний прокурор України
|insignia =
|insigniasize =
|insigniacaption =
|termlength = Six years
|constituting_instrument=Constitution Article 122
|image = Луценко Юрій Віталійович.jpg
|incumbent = Yuriy Lutsenko[2]
|incumbentsince = 12 May 2016[2]
|appointer = President of Ukraine
|appointer_qualified=with parliamentary consent
|formation = Jan 18, 1918 (originally) / Nov 5, 1991 (post-declaration)
|deputy = First Deputy
|inaugural = Dmytro Markevych (originally) / Viktor Shyshkin (acting)
|website = www.gp.gov.ua
}}

The Prosecutor General of Ukraine (also Attorney General of Ukraine, {{lang-uk|Генеральний прокурор України}}) heads the system of official prosecution in courts known as the Office of the Prosecutor General of Ukraine ({{lang-uk|Генеральна прокуратура України}}). The term of authority of the Prosecutor is six years.[2] She or he is appointed and dismissed by the president with parliamentary consent.[6] Parliament can force the Prosecutor General to resign after a vote of no-confidence.[3]

The current Prosecutor General is Yuriy Lutsenko (since 12 May 2016).[4]

There are seven more additional deputies to the Prosecutor General.

Definition

The Office of the Prosecutor General is entrusted with:

  1. prosecution in court on behalf of the State;
  2. representation of the interests of a citizen or of the State in court in cases determined by law;
  3. supervision of the observance of laws by bodies that conduct detective and search activity, inquiry and pre-trial investigation;
  4. 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).[5] The Prosecutor is dismissed from office by the President.[5] The Verkhovna Rada may express no confidence in the Prosecutor which will results, after a required number of votes is achieved,[3] in their resignation from office.[5]

Duties and powers

Both in theory and in practice, the Prosecutor General and their office wield considerable power.[6] (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.[6] After Ukraine's independence in 1991 many of the Prosecutor General office functions were expanded.[6] In 2016 the powers of the Prosecutor General office were decreased and (starting in January 2017[2]) limited[6] to:

  • Organization and leadership of pre-trial investigations;[6]
  • Support of public prosecution in the courts;[6] and
  • Representation of the state’s interest in the courts, according to the law.[6]

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{{#tag:ref|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.[7][8][9]|group=nb}}, and other leaders of prosecution agencies.

The independent agency General Inspectorate oversees "the legality of actions undertaken by prosecutors and investigators of the whole prosecution system".[10]

Supporting agencies

  • National Academy of Prosecution of Ukraine

USSR Prosecutors General

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 SSRName
1June 1922 — 1927Mykola Skrypnyk
21927 — 1930Vasyl Poraiko
31930 — 1933Vasiliy Polyakov
41933 — 1935Mikhail Mikhailik
51935 — 1936Arkadiy Kiselyov
6spring 1936Grigoriy Zhelyeznogorskiy

Prosecutors of Ukrainian SSR

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 SSRName
11938 — 1944Leonid Yachenin
2June 1944 — 1953Roman Rudenko
3August 1953 — February 1963Denys Panasyuk
41963 — 1983Fedir Hlukh
5January 1983 — February 1990Petro Osypenko

List of Prosecutors General

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.

Prior to January 2017 the term of authority of the Prosecutor was five years.[2] Since January 2017 this was increased to six years.[2]

#Prosecutor General of UkraineName
1September 4, 1991 — October 21, 1993Viktor Shyshkin
2October 21, 1993 — October 19, 1995Vladyslav Datsiuk
3October 19, 1995 — July 22, 1997Hryhoriy Vorsinov
actJuly 22, 1997 — April 24, 1998Oleh Lytvak
actApril 24, 1998 — July 17, 1998Bohdan Ferents
4July 17, 1998 — April 30, 2002Mykhailo Potebenko
April 30, 2002 — July 6, 2002unknown
5July 6, 2002 — October 29, 2003Sviatoslav Piskun
October 29, 2003 — November 18, 2003unknown
6November 18, 2003 — December 9, 2004Hennadiy Vasylyev
7December 10, 2004 — October 14, 2005Sviatoslav Piskun
October 14, 2005 — November 4, 2005unknown
8November 4, 2005 — April 26, 2007Oleksandr Medvedko
9April 26, 2007 — May 24, 2007Sviatoslav Piskun
actMay 24, 2007 — June 1, 2007Viktor Shemchuk
10June 1, 2007 — November 3, 2010Oleksandr Medvedko
11November 4, 2010 — February 22, 2014Viktor Pshonka
commFebruary 22, 2014 — February 24, 2014Oleh Makhnitsky[11]
actFebruary 24, 2014[12] — June 18, 2014[13]1|(1)}}
12June 19, 2014[14] — February 11, 2015Vitaly Yarema
13[15] — March 29, 2016[16]{{ref>2|(2)}}Viktor Shokin
act3|(3)}} — 12 May 2016Yuriy Sevruk
14May 12, 2016 —Yuriy Lutsenko
Legend:
  • act — acting
  • comm — Parliamentary commissioner
Notes:
  • {{note|1|(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.
  • {{note|2|(2)}} Shokin was set to be formally dismissed since February 16, 2016[3][17] after submitting a letter of resignation and taking a vacation.[18] On March 16 Shokin returned to his duties as if he never submitted any letters of resignation.[36] He was formerly dismissed in a parliamentary vote on 29 March 2016.[19]
  • {{note|3|(3)}} Yuriy Sevruk served as acting Prosecutor being the First Deputy General Prosecutor until the official appointment of a new Prosecutor General.[20]

Ranks

Shoulder Insignia
Rank Jurist, 3rd class Jurist, 2nd class Jurist, 1st class Junior Councillor of Justice Councillor of Justice Senior Councillor of Justice State Councillor
of Justice, 3rd class		 State Councillor
of Justice, 2nd class		 State Councillor
of Justice, 1st class		 State Councillor
of Justice of Ukraine

See also

  • Judicial system of Ukraine
  • Ministry of Justice (Ukraine)

Notes

1. ^{{cite web| url = http://en.gp.gov.ua/ua/contacts_en.html| title = Official website of the authority. Contact Us. | date = 2017}}
2. ^1 2 3 {{uk icon}} The law on the High Council of Justice earned, Ukrayinska Pravda (5 January 2016)
3. ^1 2 3 Chief prosecutor Shokin back to work – source, Interfax-Ukraine (16 March 2016)
4. ^1 2 3 Lutsenko appointed prosecutor general in Ukraine, UNIAN (12 May 2016)
5. ^1 2 Chief prosecutor Shokin on leave – PGO, Interfax-Ukraine (17 February 2016)
6. ^1 2 3 4 5 6 Amendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice, Lexology (9 June 2016)
7. ^{{cite web|last=Gutterman |first=Steve |url=https://www.reuters.com/article/2014/03/18/us-ukraine-crisis-idUSBREA1Q1E820140318 |title=Putin signs Crimea treaty, will not seize other Ukraine regions |publisher=Reuters.com |date= |accessdate=26 March 2014}}
8. ^[https://www.bbc.co.uk/news/world-middle-east-26248275 Ukraine crisis timeline], BBC News
9. ^UN General Assembly adopts resolution affirming Ukraine's territorial integrity, China Central Television (28 March 2014)
10. ^U.S. prosecutor tasked with selecting officers to oversee prosecutors' actions, UNIAN (9 August 2016)
11. ^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
12. ^On appointment of O.Makhnitsky as acting General Prosecutor of Ukraine. DECREE OF THE PRESIDENT OF UKRAINE № 91/2014. February 24, 2014
13. ^Ukrainian president dismisses Makhnitsky as acting prosecutor general, Interfax-Ukraine (18 June 2014)
14. ^MPs agree to Yarema's appointment as prosecutor general, Interfax-Ukraine (19 June 2014)
15. ^Ukrainian parliament backs nomination of Shokin as prosecutor general, Interfax-Ukraine (10 February 2015)
16. ^Rada agreed to dismiss Shokin. Ukrayinska Pravda. 29 March 2016
17. ^Profile committee recommends parliament back prosecutor general's resignation, Interfax-Ukraine (16 March 2016)
18. ^[https://web.archive.org/web/20160329224910/http://www.pravda.com.ua/news/2016/02/29/7100690/ The Prosecutor General Office: Shokin wrote a resignation letter, but at this time he is on vacations]. Ukrayinska Pravda. 29 March 2016
19. ^Rada agrees to dismiss Ukrainian Prosecutor General Shokin, Interfax-Ukraine (29 March 2016)
20. ^1 [https://web.archive.org/web/20160329224256/http://www.pravda.com.ua/news/2016/03/29/7103736/ The office of Prosecutor General explained who will be an acting Prosecutor General]. Ukrayinska Pravda. 29 March 2016

References

{{Politics of Ukraine}}{{reflist}}

External links

  • Law of Ukraine "On Prosecutor"s Office"
{{Ukraine topics}}{{Presidency of Ukraine}}{{DEFAULTSORT:General Prosecutor Of Ukraine}}

5 : Judicial system of Ukraine|Ukrainian prosecutors|General Prosecutors of Ukraine|Independent agencies of the Ukrainian government|Presidency of Ukraine
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