The Prosecutor General May Gain the Right to Assign Ranks to Prosecutors — The Rada Is Recommended to Approve the Bill as a Basis

On Thursday, June 18, the Verkhovna Rada Committee on Law Enforcement considered draft Law No. 13603 on amendments to the Law of Ukraine "On the Prosecutor's Office" regarding improving the efficiency of the prosecution bodies and the alternative draft — 13603-1.

Following the meeting, the Committee rejected draft law 13603-1 on amendments to the Law of Ukraine "On the Prosecutor's Office" concerning the introduction of state ranks for prosecutors of the prosecution bodies of Ukraine, and also recommended the parliament to adopt as a basis draft law No. 13603 on amendments to the Law of Ukraine "On the Prosecutor's Office" regarding improving the efficiency of the prosecution bodies.

As previously reported by the "Judicial and Legal Newspaper", class ranks for prosecutors were abolished at the time of adopting amendments to the legislation on the prosecution. The abolition of class ranks, as well as the prosecutor's uniform, was a response to the need to make the prosecution more civilian.

According to the bill's initiators, it is now necessary to provide encouragement and incentives in the work of prosecutors "that will positively affect their performance indicators, effective procedural leadership, bringing guilty persons to justice, etc."

One of the incentives, according to the deputies, could be the assignment of state ranks to employees of the prosecution bodies.

Currently, the Law "On the Prosecutor's Office" does not provide for the assignment of class ranks, state ranks, or other special titles to prosecutors depending on their length of service or position held.

"We believe that the absence of special titles for prosecutors discriminates against the rights of prosecutors compared to other public service employees," the deputies emphasized.

According to them, the Law "On the Prosecutor's Office" is almost the only one among all laws regulating the passage of professional public and state service (except for political positions) that does not provide such an element of career service.

Also, the deputies consider it appropriate to enshrine in the law the symbols of the prosecution and the insignia of prosecutors.

Who and How Will Assign Ranks to Prosecutors

It is proposed to establish that the Prosecutor General assigns state ranks to prosecutors in accordance with the law and the Regulation on state ranks of prosecutors. The Prosecutor General also submits proposals to the President on assigning prosecutors state ranks — State Counselor of Justice of ranks 1, 2, and 3.

The Law on the Prosecutor's Office is proposed to be supplemented with a provision that state ranks of prosecutors are a type of special titles.

The procedure for assigning, lowering, or depriving prosecutors of state ranks is determined by law and the Regulation approved by the Prosecutor General.

State ranks of prosecutors are assigned simultaneously with the appointment to the position of prosecutor, and in case of probation (internship) — after its completion.

A prosecutor appointed to the position for the first time is assigned the lowest rank. The assignment of the next rank is carried out sequentially, taking into account business and personal qualities, according to the position held by the prosecutor and length of service in the prosecution bodies.

State ranks of prosecutors — State Counselor of Justice of ranks 1, 2, and 3 are assigned by the President, other state ranks of prosecutors — by the Prosecutor General.

Prosecutors who have been assigned state ranks hold them for life. In cases provided by law and the Regulation, a prosecutor may be downgraded or deprived of the rank.

Information about the assignment, lowering, and deprivation of ranks is entered into the register of insured persons of the State Register of Compulsory State Social Insurance.

In case of dismissal of the Prosecutor General from the administrative position based on the submission of the relevant body conducting disciplinary proceedings or the High Council of Justice, he is simultaneously deprived of the state rank of prosecutor.

It is proposed to add the following to the types of disciplinary sanctions:

• lowering the state rank of a prosecutor by one rank;
• dismissal from the position of prosecutor and from the prosecution body.

The transitional provisions propose to establish that the correlation between the state ranks of prosecutors and the class ranks of employees of the prosecution bodies assigned before the entry into force of this Law is determined by the Prosecutor General.

The correlation between the state ranks of prosecutors and the ranks of civil servants, ranks of local government officials, military ranks, diplomatic ranks, and other special titles is established by the Cabinet of Ministers for cases of appointment of persons who have been assigned such special titles to prosecutor positions where a lower state rank of prosecutor may be assigned. In such cases, the person is assigned a state rank of prosecutor at the level of the rank they had according to special laws.

Impact on Pension Provision

Persons dismissed from the position of prosecutor and the prosecution body as a disciplinary sanction with deprivation of class rank (state rank) or deprived of class rank (state rank) by court verdict lose the right to pension provision for length of service.

Rights to receive a pension are also deprived of persons dismissed from the position of prosecutor and the prosecution body due to conviction for an intentional criminal offense committed using their official position or brought to administrative responsibility for committing an offense related to corruption. In such cases, pensions for prosecutors and investigators are assigned on general grounds.

Symbols and Insignia

Additionally, the law proposes to stipulate that prosecution bodies have unified symbols: an emblem and a flag. The description, image, and procedure for their use are approved by the President.

The specifics of the use of the emblem and flag of the prosecution bodies by the prosecution bodies and state institutions functioning under the Office of the Prosecutor General are determined by the Prosecutor General.

A prosecutor during the performance of official duties must adhere to a business dress code. The insignia of state ranks of prosecutors and the procedure for their wearing are established and approved by the Prosecutor General.

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