RPR Statement on Overcoming the Crisis of the Prosecutor’s Office

To the President of Ukraine
Petro Poroshenko
from the civil platform
“Reanimation Package of Reforms”

Statement of resignation of Prosecutor General Viktor Shokin was a result of months-long constant pressure of public and international partners on the Ukrainian authorities.

However, this statement does not mean that resignation of the Prosecutor General is a closed issue. Neither does it ensure that an independent prosecutor general will be appointed and a tangible prosecution reform will be launched.

We need a new prosecutor general trusted by the civil society. Criminal proceedings against the former officials of the times of Viktor Yanukovych’s presidency have to be logically concluded, EU sanctions against those government officials should be extended, while the prosecutor’s office should establish prosecution self-government bodies starting from April 15, 2016.

It is inexcusable to be idle in this critical moment for the Ukrainian society.

Therefore, we, members of the Reanimation Package of Reforms, call on the President of Ukraine to:

Ensure that the procedure of appointment of the Prosecutor General is transparent and, thus, guarantee implementation of the European principle whereby the prosecution is free from political influence (clause 87.1 of the Report of the Venice Commission on the Independence of the Prosecution Service of 2010).

As of now it can be achieved through:

– setup of the selection panel as an advisory body (clause 28 of article 106 of the Constitution) to select the candidates for the office of the Prosecutor General;

– preliminary discussion of several candidates suggested by the Head of State to the office of the Prosecutor General at the meetings of the specialized committees of the Verkhovna Rada.

Propose amendments to the Law “On the Prosecution” to:

– include prosecutors – citizens of the EU member states, the USA, and Canada to the Qualification and Disciplinary Commission to ensure its transparency and prosecutors’ independence;

– have the Qualification and Disciplinary Commission hold an open competition to fill all the offices at the regional prosecutor’s offices and the Prosecution General of Ukraine.

Best regards,
civil platform “Reanimation Package of Reforms”