LAW OF UKRAINE

of July 2, 2015 No. 578-VIII

About introduction of amendments to the Law of Ukraine "About prosecutor's office" concerning enhancement and features of application of separate provisions

The Verkhovna Rada of Ukraine decides:

1. Bring in the Law of Ukraine "About prosecutor's office" (Sheets of the Verkhovna Rada of Ukraine, 2015, Art. No. 2-3, 12, No. 6, the Art. 40, No. 17, Art. 118; with the changes made by the Law of Ukraine of April 21, 2015 No. 335-VIII) the following changes:

1) in Article 8:

a) third to state part in the following edition:

"3. In structure of the Prosecutor General's Office of Ukraine departments, managements and departments are formed. Managements and departments can be independent or be part of department (management). Regulations on independent structural divisions of the Prosecutor General's Office of Ukraine affirm the Attorney-General of Ukraine";

b) in part four of the word "as structural division" shall be replaced with words "as independent structural division";

c) in part five:

in paragraph one of the word "as structural division" shall be replaced with words "as independent structural division";

to add Item 1 after the word "carrying out" with words of "operational search activities", and to exclude the words "which is performed";

2) in Article 8-1:

a) the first and second to state parts in the following edition:

"1. Appointment of prosecutors of Specialized anti-corruption prosecutor's office is performed by the head of Specialized anti-corruption prosecutor's office by results of open competition which is held by tender committee as a part of the head of Specialized anti-corruption prosecutor's office and persons determined by it and the Attorney-General of Ukraine.

The structure of the commission and procedure for holding open tender by it are determined by the head of Specialized anti-corruption prosecutor's office.

2. Appointment to managerial positions in Specialized anti-corruption prosecutor's office is performed by the Attorney-General of Ukraine by results of open tender. Persons who conform to the requirements determined in article 27 of this Law can participate in tender.

The organization and carrying out tender are performed by tender committee which part are:

1) four persons determined by Council of prosecutors of Ukraine;

2) seven people determined by the Verkhovna Rada of Ukraine.

The tender committee is authorized if in its structure at least six people are appointed. If within three months from the date of appointment in structure of the commission of representatives as the Attorney-General of Ukraine the Verkhovna Rada of Ukraine will not appoint in accordance with the established procedure anybody, the commission is considered authorized on condition of entry into its list of four people. Information on date, time and the venue of tender, on the candidates who submitted the application for participation in tender is published on the official site of the Prosecutor General's Office of Ukraine not later than 24 hours prior to tender.

Three candidates for each of managerial positions for Specialized anti-corruption prosecutor's office selected by tender committee are submited the head of Specialized anti-corruption prosecutor's office who submits the candidate for appointment for consideration of the Attorney-General of Ukraine. Candidates for position of the head of Specialized anti-corruption prosecutor's office are submited the Attorney-General of Ukraine.

Competition on occupation of managerial positions in Specialized administrative prosecutor's office is held publicly with open entry of representatives of mass media, journalists on meeting of tender committee and with ensuring broadcasting in real time video and audioinformation from meetings of tender committee on the Internet. Information on time and the venue of meeting of tender committee is published on the official website of the Prosecutor General's Office of Ukraine not later than 24 hours prior to the meeting";

b) in part five:

add with new paragraph one of the following content:

"5. The head of Specialized anti-corruption prosecutor's office submits directly to the Attorney-General of Ukraine".

With respect thereto the paragraph one to consider the paragraph the second;

in the first offer of paragraph two shall be replaced with words the word of "departments" "managements, departments", and "the senior prosecutors and" to exclude words;

c) in Item the word of "senior" to exclude 5 parts eight;

3) in Article 9 part one:

a) "persons" to add Item 1 after the word with the word of "company";

b) in Item 3 of the word "in the procedure established by this Law" shall be replaced with words "in the cases and procedure established by this Law";

c) in Item 5 of the word "including heads and deputy managers of divisions of the Prosecutor General's Office of Ukraine in the procedure established by this Law" shall be replaced with words "in the cases and procedure established by this Law";

d) state Item 6 in the following edition:

"In ten-day time from the date of release of position reports 6) to the qualification and disciplinary commission of prosecutors about availability of vacant or temporarily vacant position in the Prosecutor General's Office of Ukraine";

ґ) to add with Item 6-1 of the following content:

"6-1) performs distribution of obligations between the first deputy and deputy attorneys general of Ukraine";

e) to add Item 7 after the word "on" with the word "internal";

4) in part two of Article 10 of the word "and four deputies" shall be replaced with words "and no more than three deputies";

5) in Article 11 part one:

a) "persons" to add Item 1 after the word with the word of "company";

b) "regional" to add Item 3 after the word with the words "and local";

c) state Items 5 and 7 in the following edition:

"In ten-day time from the moment of release of position reports 5) to the qualification and disciplinary commission of prosecutors about availability of vacant or temporarily vacant position in regional prosecutor's office";

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