About the efficacy of guarantees of the independence of prosecutors in Ukraine

The legislator has established important steps toward strengthening the independence of the prosecutors by introducing the prosecutor's office to the system of justice and the establishment of guarantees of the prosecutors' independence, which are converging to the judges' ones. The purpose of the study is to analyze the state of implementation of those guarantees of independence, which, due to the novelty and problematic issues of implementation, require increased attention, to identify current trends in this area and possible ways to solve existing problems. It is concluded that not only the legislative consolidation of the guarantees of independence, but also actual assurance of their maximum effectiveness is important. The analysis of the experience of the functioning of the Qualification and Disciplinary Commission of Prosecutors (QDCP) and the Council of Prosecutors of Ukraine (CPU), whose operation is connected with the implementation of a number of guarantees of the prosecutors' independence, indicates inconsistent actions of the state. This jeopardizes the prosecutors' independence, raises questions that are general – the technology of conducting the prosecutor's office reform. The directions of improvement of the organizational component of functioning of the QDCP and the CPU are emphasized: increasing the number of prosecutors in the QDCP; review of legally consolidated restrictions for prosecutors on appointment to the QDCP or the CPU; resolving the issue of assignment a prosecutor to work permanently in the CPU; revision of the normative basis for the operation of prosecutorial self-governance bodies; changing corporate culture in the prosecutor's system. A possible violation of the principle of unity of the status of prosecutors in determining the amount of their salaries has been established. It is concluded that the regulation of prosecutors' salary by by-laws in the past and modern attempts to limit its size by adopting new laws actualize the issue of unjustified interference of other branches of power in the justice system.

prosecutor's office, prosecutors, independence, guarantees, reform, Council of Public Prosecutors of Ukraine, Qualification and Disciplinary Commission of Public Prosecutors