Strengthening Public Prosecutor’s Office (PPO)

- - Increased impartiality and depolitisation in choosing candidates for office of PG by authorising Qualification and Disciplinary
Commission (QDC) to hold competition for office of PG according to COE recommendations

- Procedure of determining rating of candidate to office of PG established, including his/her competence and ethical qualities - Mission
statements, objectives and performance targets are made an integral part of annual PPO budgeting process; expenditure plans are linked to
commitments of meeting specific objectives and measurable targets

- Expenses for maintaining PPO determined in State budget upon requests agreed with Council of Prosecutors and approved by PG

- Well justified budgetary requests on part of PPO by using harmonised approach and strengthening of regional capacities in budgetary
planning and formulation by prosecution

- Program budgeting (MTBF) and performance-based budgeting methodologies with non-financial performance indicators applied in prosecution
budget formulation and implementation processes

- Harmonised approach and strengthened regional capacities in budgetary planning and formulation

- Increased quality of public financial management (PFM) by prosecution, optimisation of use of postal, forensic, legal and other services

- Single public procurement process in place based on harmonised needs assessment of all prosecution departments

- Performance management systems feed in data regularly on case-loads and productivity, setting targets, measuring them, suggesting
budgetary adjustments and further policy developments in all matters of PPO organisation; evidence-based approach to any structural reform
of PPO institutionalised

- Number of prosecutors annually reviewed considering changes in: 1) scope and extent of functions at every level of PPO system, 2)
changing work loads; 3) social and political situation etc

- Scope of functions of PPO and prosecutors fine-tuned according to Venice Commission recommendations and other European standards and best
practices

- Institutional independence of NCP, CP, QDC, their organisational, career and financial capacities ensured by proper staffing,
administrative, financial and logistics arrangements

- Delegates to NCP chosen from all prosecutorial bodies and from all PPO levels

- CP tasked with ensuring independence of prosecutors, their legal and social status, examination of prosecutors’ complaints on threat to
independence and enforcement of decisions of SGS bodies

- QDC tasked with career development matters, including handling complaints of other persons on prosecutors’ improper performance of their
duties

- Officials and public has full information about responsibilities of prosecutorial SGS bodies, and their decisions

- Clear and foreseeable internal regulations, establishing criteria of choosing candidates, selection for prosecutors’ and their dismissal,

- All career decisions on basis of merits-based system,

- Recruitment interviews life-streamed on internet;

- Clear and foreseeable internal guidelines establishing ban on improper inspections of lower-level prosecutors by upper-level prosecutors;
any inspection’s clear and transparent grounds determined,

- Enhanced scope of prosecutorial discretion within limits established by law

- Obligation of higher level prosecutors to give orders in writing imposed; ban on disciplinary responsibility of prosecutor for
non-compliance with oral order or instruction of higher prosecutor, under condition that CP was informed about incident, with reasoning
part included

- Impartial, timely and independent examination by CP of complaints on violation of prosecutorial independence

- Research and analysis conducted regularly of prosecutors’ complaints on violation of their independence.

- Operational system of distribution of cases paying due attention to objective factors, such as specialisation and avoiding corrupt
practices

— Software in place for evaluation of the prosecutor candidates’ compliance with the established criteria

- Ensured right of the head of the prosecutorial body’s to which CP recommends a candidate to administrative office, to evaluate the
candidates’ compliance with the criteria and to bring the conclusions to CP

- System of prosecutors’ specialisation according to crime types and other characteristics in place

- Ensured public access on the PG’s official website to the reasoning part of the CP’s recommendation to office

- Ensured public access on the PG’s official website to the reasoning part of the PG’s refusal to appoint to office the candidate
recommended by CP

- Ensured procedure of compulsory examination of prosecutors’ and PPO staff’s complaints on violation of their rights due to lack of
performance by State of its positive obligations to protect them; regular examination by CP of complaints concerning legal protectiony of
prosecutors

- Scope and extent of exercise by prosecutors and PPO staff of right to privacy, freedom of conscience, expression, association and other
individual rights and freedoms, defined clearly by law

- Prosecutors and PPO staff are able to join or form local, regional, national or international professional associations in order to
represent their interests and protect their status

- Information on QDC activity and decisions on prosecutors selected available to public on QDC web-site

- Each member and employee at QDC properly trained with participation of national and international counterparts

- Questions and assignments of Qualification Examination updated annually in order to prevent preparing answers in advance and follow
novelties in criminal law and State policy

- Detailed procedure in place for special anti-corruption check of candidates for prosecutor in framework of anti-corruption legislation;
system of repeated requests for special check were candidate is on hold for more than three years without being appointed

- Competitions for filling vacant positions held by QDC, based on results (score) at Qualification Examination, and results of testing

- Initial training programme individualised according to experience and role prosecutor is expected to perform

- Curricula of initial training focuses on improvement of practical skills and problem-solving

- Curricula annually updated and accessible on NAPU website

- Ukrainian and international practitioners, including prosecutors and lawyers, regularly involved as trainers

- Anonymity and conformity of assignments and tests to curricula and relevant professional requirements by way of annual updates

- Ensured continuous training of researchers at NAPU, increased volume of research&analysis activities

- Ensured continuous TOT for initial training of prosecutors, including by their internships in relevant foreign institutions and trainings
involving international experts

- - Well-balanced curricula developed for initial training of prosecutors

- Selection procedure for filling PPO staff includes the stages of training, of professional and psychological training

- Curricula annually updated and accessible on NAPU website

- Special courses for prosecutors holding management positions to increase skills in HR, strategic planning, budget and financial policy
formulation, M&E of subordinated employees’ efficiency, PR/communications

- Joint courses and seminars with judges and advocates, role plays of court hearings (moot court exercises)

- Ukrainian and international practitioners, including prosecutors and lawyers, regularly involved as trainers

- Information management systems at PPO interoperable with those of other justice sector stakeholders and governance bodies, and HEIs

- Regular study visits to ECHR, ECJ and prosecutorial bodies of EU MS for prosecutors scoring high in continuous training programme

- International trainers and mentors among regular participants in continuous training system

- Curricula of continuous training for prosecutors annually updated and discussed publicly among users, taking into consideration the
results of Annual Activity Report of PPO, curricula fully accessible at NAPU official website

- Ensured TOT for continuous training of prosecutors, including by their internships in relevant foreign institutions and trainings
involving international experts

- Standard procedure of regular (every two years) EPP of every prosecutor by his hierarchical superior (head of PPO body); prosecutors of
central PPO office are evaluated by PG and his Deputies

- Due relevance given to mixture of quantitative and qualitative standards as part of EPP

- Standard sample (template) of questions as part of EPP

- Additional questions for prosecutors holding management positions introduced for evaluation of their managerial qualities

- Right of prosecutor to appeal against results of EPP to QDC

- Results of EPP used by CP when choosing candidates to recommend for particular post, or re-assign (transfer) prosecutor to another post

- Due relevance given to mixture of quantitative and qualitative standards as part of PEE

- Developed sample (content) of typical Annual Activity Report of PPO

- Annual Activity Report of PPO is published online

- Trainings and seminars organised for analysis& statistics unit staff of PG to increase the quality of analysis and reporting

- Trainings and seminars organised for planning unit staff and CP members to increase the competencies in strategic planning, risk
assessment and management

- PG informs the Parliament on key conclusions of the Annual Activity Report of PPO

- Action Plan is developed, risks are defined, mechanisms of their overpassing are determined upon the conclusions of the Annual Activity
Report of PPO

- Liability established for ISD staff for non-performance of duties, avoidance of appropriate response to potential or actual offenses,
improper examination of declarations or conduct of integrity checks

- Annual asset, income and expenditure declarations of all prosecutors accessible online

- Regular monitoring/verification of asset, income and expenditure declarations of prosecutors by ISD and National Agency for Prevention of
Corruption;

- Prosecutor asset, income and expenditure declarations accessible online ( with the right to privacy and with the need to protect them
from undue influence.)

- Procedures in place for immediate passing of complaints on illegal enrichment of prosecutors from QDC or ISD

- Generic standardised data on results of integrity checks, including information on bringing criminal actions against prosecutors,
included in PPO Annual Activity Reports, with due account of relevant personal data protection requirements

- No carte blanche (structural) immunities of prosecutors; practical and effective tools for investigation of prosecutorial corruption,
including streamlined system of authorisation of special investigative techniques (SITs) against allegedly corrupt prosecutors, while
putting in place proper procedural safeguards against executive abuse

- Dedicated continuous training curricula for and regular study visits of ISD staff to EU MS, to share best practices

- Ensured accessibility, objectivity and consistency of disciplinary practice at PPO

- Applicability and efficiency of disciplinary rules in case of violation of law; consistent, clear and foreseeable disciplinary
proceedings concerning responsible prosecutor

- Explicit ban of bringing disciplinary responsibility for legitimate exercise of prosecutorial discretion;

- Mens rea of disciplinary offense (intent or negligence) and consequences or damage taken into consideration when defining disciplinary
penalty

- Principle of proportionality applied when making decision on necessity of sanction and on defining type of sanction

- Ensured right of prosecutor or of other PPO employees to get access to his disciplinary case-file, scope and extend of obligations to
give access to information on disciplinary proceedings to third parties and public

- Single (judicial) avenue for appeals in disciplinary procedure

- System of individual incentives in place depending on individual achievements

- Developed system of norms of professional ethics of prosecutors and of other PPO employees with clear and foreseeable substantial
component; ensured accessible and consistent practice of its application

- Repeated or serious violations of ethics amounting to ground for disciplinary responsibility,

- Online tool for filing complaints against prosecutors, and system of online-reporting to QDC for handling complaints, in place

- Public provided access to analytical and statistical data on disciplinary practice at PPO, with account of need to protect presumption of
innocence and privacy

- Constant exchange of information between PPO, NAPU and universities; submission of proposals on improvement of practices and legislation
based on research and analytical materials

- Clear and foreseeable policies for prosecutors to determine scope and extent of use of intrusive measures/SITs, sanctions, grounds for
appeal, application of prosecutorial discretion

- Balance between requirement to follow internal guidelines and prosecutorial independence

- Exercise of prosecutorial discretion always subject to test of ‘reasonableness’

- Formulated recommendations are used by prosecutors to improve consistency and predictability level of procedural action and response

- Regular use of user-friendly prosecutors’ forum and other online resources by PPO employees, allowing exchange of views on prosecution
and court practice, interpretation of law, information and materials of training events, conferences and seminars

- Prosecution authorities interact with other justice bodies, including through use of online tools and discussion fora, to enhance
consistency in application of law; case management software allowing prosecutor to identify gaps in law and practice

- Ukrainian and foreign experts, including judges and advocates, are involved in development of methodical recommendations for prosecutors
in order to ensure more consistent application of legislation

- User friendly website with the information about PPO functions and activities

- Interoperability with other State and non-State IS

- Automated or on-line systems for measuring user satisfaction

- Holistic analytical and information system related to e-justice

- Ensured proper protection of informational resources and confidential information

- Public access to all PG orders is provided, with exception of those protected by statutory secrecy, and with due account of relevant PDP
requirements

- Regular publications in media informing public about process of implementation of new legislation and PPO reforms

- Qualification of staff responsible for training leaders of the PG to press conferences and for other events involving the media
increased.

- Professionals, including sociologists, are involved in assessment of PPO reform, based on results of public surveys

- Timely and adequate response by PPO in all communication with public

- Advanced communication techniques in place to deal with public