Report on the findings of the functional audit of the Council of Prosecutors of Ukraine and the Qualification and Disciplinary Commission of Prosecutors was presented in Kyiv
On 12 May, a report was presented on the results of the functional audit of the Council of Prosecutors of Ukraine and the Qualification and Disciplinary Commission of Prosecutors.
The audit was conducted as one of the key measures set out in the Rule of Law Roadmap. It was prepared by a group of international and national experts from EU Project Pravo-Justice and the Council of Europe Project “Fostering Human Rights in the Criminal Justice System in Ukraine – Phase II” in close cooperation with the Office of the Prosecutor General, the Council of Prosecutors of Ukraine and the Qualification and Disciplinary Commission of Prosecutors.
The aim of the audit was to conduct an independent and evidence-based analysis of the activities of the prosecutorial self-government bodies. The experts analysed, in particular, the institutional structure of COP and QDCP, guarantees of independence, standards of transparency and integrity, operational efficiency, accountability mechanisms, as well as compliance with national legislation and European standards.
Based on the results of the analysis, recommendations were presented, aimed in particular at strengthening the independence, efficiency and effectiveness of both COP and QDCP.
Among the report’s key findings is the need to strengthen the institutional capacity and autonomy of both bodies, particularly in financial, personnel, administrative, and technical matters. The report pays particular attention to the need to improve the procedures for selecting members of the prosecutorial self-government bodies; to introduce procedures and criteria for assessing candidates for membership; to establish more effective guarantees of independence; to increase transparency in decision-making; as well as to develop strategic planning, digitalization, and anti-corruption mechanisms.
With regard to the Council of Prosecutors of Ukraine specifically, the recommendations concern, in particular, its transformation into a separate legal entity; the introduction of a quota for prosecutors holding administrative posts among the Council’s members; the exercise of powers by Council members on a full-time basis; and the provision of its own budget, secretariat, premises, and document management system, independent of the Office of the Prosecutor General.
It was recommended to return to the principle of competition-based selection for administrative posts, with the Council of Prosecutors of Ukraine playing a central role in conducting such selection procedures; to grant the Council of Prosecutors of Ukraine the power to consider complaints regarding improper exercise of administrative powers by prosecutors; to establish timeframes and procedures for considering reports of threats to the independence of prosecutors, taking into account the nature and urgency of such reports; to delineate the powers of NACP and COP in providing clarifications regarding conflicts of interest.
As to the QDCP, the report notes its capacity to handle a significant number of cases, the transparency of its procedures, and the gradual improvement of its practices. At the same time, the recommendations include the legislative recognition of the QDCP as a prosecutorial self-government body; strengthening its autonomy; a full transition to electronic document flow; improving disciplinary procedures; and developing its own institutional development strategy.
During the presentation, participants discussed the main findings of the audit, practical recommendations and next steps for their implementation. In particular, the discussion focused on legislative priorities, institutional responsibilities, coordination between key stakeholders and the need for consistent changes to strengthen independence, effectiveness, and trust in prosecutorial self-government bodies.
The event was attended by representatives of the Ministry of Justice of Ukraine, the Office of the Prosecutor General, the Council of Prosecutors of Ukraine, the Qualification and Disciplinary Commission of Prosecutors, the National Agency for Corruption Prevention, civil society, and international partners.