APPROVED

by the all-Ukrainian conference

of prosecutors on April 27, 2017

CODE OF

PROFESSIONAL ETHICS AND CONDUCT OF PROSECUTORS

(with amendments approved by the all-Ukrainian conference of prosecutors

on 21.12.2018, on 28.08.2021)

The Code of Professional Ethics and Conduct of Prosecutors (hereinafter referred to as the Code) defines the basic principles, moral norms, and rules of prosecutorial ethics that prosecutors must adhere to in the performance of their official duties and outside of service.

Section I

GENERAL PROVISIONS

Article 1.   Tasks of the Code

The tasks of the Code are:

–    to ensure competent and effective performance of their professional duties by prosecutors based on adherence to the principles of the rule of law, legality, justice, impartiality, and the establishment of moral and ethical standards for internal and external communication;

–    to enhance the authority of the prosecution authorities and to promote strengthening citizens' trust in them;

–    to create conditions for the development of a sense of justice, responsibility, dedication to the cause, adherence to universal moral values, and prevention of corruption manifestations among prosecutors;

–    to form a principled moral and legal position in relations with citizens, colleagues, superiors, and subordinates.

Article 2.   Scope of the Code

This Code applies to prosecutors of the prosecution authorities of Ukraine.

Article 3.   Legal regulation of relations in the field of professional ethics and conduct of prosecutors

The legal basis for regulating relations in the field of professional ethics and conduct of prosecutors consists of the Constitution of Ukraine, the laws of Ukraine "On the Prosecutor's Office," "On the Protection of Public Morality," "On Prevention of Corruption," "On the Principles of Prevention and Counteraction to Discrimination in Ukraine," and other legislation related to the activities of prosecution authorities, orders of the Prosecutor General, and this Code.

The normative base in this area also includes international legal documents, including the Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court of Human Rights, the UN Guidelines on the Role of Prosecutors adopted at the Eighth UN Congress in 1990, the Standards of Professional Responsibility and the outlines of the main duties and rights of prosecutors adopted by the International Association of Prosecutors in 1999, the European Guidelines on Ethics and Conduct of Prosecutors (Budapest Principles) adopted by the Conference of Prosecutors General of the Council of Europe member states in 2005, and others.

Article 4.   Basic principles of professional ethics and conduct of prosecutors:

The professional activity of prosecutors is based on the principles of:

–   the rule of law and legality;

–   respect for the rights and freedoms of individuals and citizens, non-discrimination;

–   independence and autonomy;

–   political neutrality;

–   presumption of innocence;

–   fairness, impartiality, and objectivity;

–   professional honor and dignity, fostering trust in the prosecution;

–   transparency of official activities, confidentiality;

–   refraining from executing illegal orders and instructions;

–   avoiding conflicts of interest;

–   competence and professionalism;

–   integrity, exemplary behavior, and discipline;

–   respect for the independence of judges.

Section II

MAIN REQUIREMENTS FOR THE PROFESSIONAL CONDUCT OF A PROSECUTOR

Article 5.   Rule of law and legality

The professional activity of a prosecutor must be based on strict adherence to the constitutional principles of the rule of law and legality.

In exercising his powers, he is obliged to act in accordance with the law, taking timely and exhaustive measures for their proper implementation.

Article 6.   Respect for the rights and freedoms of individuals and citizens, non-discrimination

In performing official duties, the prosecutor must respect the rights and freedoms of individuals and citizens in accordance with domestic and international legal norms, realizing that a person, their life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value.

The prosecutor must treat people fairly, attentively, and kindly, in accordance with universal moral principles, avoiding discrimination based on race, skin color, political, religious, and other beliefs, gender, ethnic and social origin, property status, place of residence, language, or other characteristics.

Article 7.   Independence and autonomy

In performing official duties, the prosecutor must be independent from any influence, pressure, or interference in his professional activity, including from state authorities and local self-government bodies, their officials, and employees, and is obliged to actively resist attempts to encroach on his independence in the manner prescribed by law.

In making specific decisions, he must be autonomous, guided by the requirements of the law, moral and ethical principles of the profession, distancing himself from any selfish and private interests, political influence, pressure from the public, and the media.

Article 8.   Political neutrality

Prosecutors are obliged to maintain political neutrality in the performance of their official duties, avoiding any demonstration of their own political beliefs or views, and not using their official powers in the interests of political parties or their branches or individual politicians.

Article 9.   Presumption of innocence

The prosecutor must adhere to the principle of the presumption of innocence at all stages of criminal proceedings. He must consider all circumstances regardless of whether they testify against the suspect (defendant) or in their favor, taking measures to guarantee the person's right to a fair trial.

The prosecutor must be convinced that all investigative (search) and other procedural actions and collected evidence provide sufficient grounds for accusing a person of committing a criminal offense.

In exercising the prosecutor's powers in criminal proceedings, the treatment of a person whose guilt in committing a criminal offense has not been established by a legally binding conviction must correspond to the treatment of an innocent person.

Article 10.   Fairness, impartiality, and objectivity

The prosecutor is obliged to act fairly, impartially, adhering to the requirements of the law regarding the grounds, procedure, and conditions for exercising the powers of the prosecution within its functions. He must be objective in relations with authorities, the public, and individuals, and be aware of the social significance of prosecutorial activity and the degree of responsibility to society.

Article 11.   Professional honor and dignity. Fostering trust in the prosecution

The prosecutor must constantly care for his competence, professional honor, and dignity.

Through his integrity, principled stance, competence, impartiality, and conscientious performance of official duties, he must contribute to enhancing the authority of the prosecution and strengthening citizens' trust in it.

In the event of the dissemination of false information that undermines his honor, dignity, and business reputation, he must take measures to refute such information, including through legal means if necessary. The leaders of the relevant prosecution offices should assist him in this.

Article 12.   Transparency of official activities. Confidentiality

To ensure the transparency of official activities, the prosecutor has no right to refuse individuals or legal entities timely provision of complete and reliable information of a reference nature unless the law establishes restrictions on its provision.

The prosecutor is obliged not to disclose and not to use in any other way confidential and other information with restricted access that has become known to him in connection with the performance of his official duties and professional obligations, except in cases established by law.

Article 13.  Refraining from providing and executing illegal orders and instructions

A prosecutor holding an administrative position is obliged to refrain from issuing illegal orders and instructions.

The prosecutor, regardless of private interests, must refrain from executing decisions or instructions from superiors if they contradict the law.

The prosecutor is not obliged to execute orders and instructions from a higher-level prosecutor that raise doubts about their legality if they are not provided in written form, as well as obviously criminal orders or instructions.

In case of doubt regarding the legality of an order or instruction from a higher-level prosecutor, he has the right to appeal to the Council of Prosecutors of Ukraine, reporting a threat to his independence.

(Article 13 with amendments according to the decision of the all-Ukrainian conference of prosecutors on 28.08.2021)

Article 14.   Avoiding conflicts of interest

The prosecutor must take all possible measures to prevent the emergence of a real or potential conflict of interest, not to take actions and make decisions in conditions of a real conflict of interest, and to notify his immediate supervisor no later than the next working day from the moment he learned or should have learned about the existence of a real or potential conflict of interest.

A prosecutor holding an administrative position may not directly or indirectly encourage subordinates or other prosecutors to make decisions, take actions, or refrain from actions in favor of their private interests or the interests of third parties.

In the event of a conflict of interest, the prosecutor is obliged to act in accordance with the requirements of the law.

(Article 14 with amendments according to the decision of the all-Ukrainian conference of prosecutors on 28.08.2021)

Article 15.   Competence and professionalism

The prosecutor must perform official duties diligently, competently, timely, and responsibly.

He must constantly improve his professional level, communication culture, demonstrate initiative, responsible attitude, and creative approach to the performance of his official duties, be professionally oriented in current legislation, and share his professional experience with colleagues.

He must be aware that his activities are evaluated based on the level of preparation, knowledge of legislation, competence, initiative, communication skills, and ability to timely and qualitatively perform official duties and tasks.

(Article 15 with amendments according to the decision of the all-Ukrainian conference of prosecutors on 28.08.2021)

Article 16.  Integrity, exemplary behavior, and discipline

In performing official duties, the prosecutor must adhere to generally accepted ethical norms of behavior, be a model of integrity, upbringing, and culture. Violations of official discipline and indecent behavior are unacceptable for a prosecutor and entail legal responsibility.

The prosecutor must use the entrusted official property carefully and only for its intended purpose.

Article 17.   Respect for the independence of judges

The prosecutor must respect the independence of judges, which includes a prohibition on publicly expressing doubts about the justice of court decisions outside the procedure for their appeal in accordance with procedural law.

Publicly expressing the prosecutor's position regarding the intention to further appeal a court decision or to file a disciplinary complaint against a judge's actions with the High Council of Justice cannot be considered a violation of the independence of judges.

(Article 17 with amendments according to the decisions of the all-Ukrainian conference of prosecutors on 21.12.2018, on 28.08.2021)

Article 18.   Submission of declarations by persons authorized to perform state or local self-government functions

The prosecutor is obliged to timely submit a declaration of a person authorized to perform state or local self-government functions in the manner prescribed by legislation in the field of preventing corruption.

(Article 18 with amendments according to the decision of the all-Ukrainian conference of prosecutors on 28.08.2021)

Article 19.   Prevention of manifestations of corruption

The prosecutor must strictly adhere to the restrictions established by law in the field of preventing corruption, and must not allow any manifestations of corruption, including:

–   entering into unofficial relationships for the purpose of using official powers or official position;

–   demanding and receiving unlawful benefits, as well as receiving gifts in cases not provided for by law, and in case of receiving such proposals, must act in accordance with the requirements of legislation in the field of preventing corruption;

–   illegally interfering or exerting influence on the official activities of another prosecutor, officials of state authorities, local self-government bodies, or judges in cases or procedures not provided for by law;

The prosecutor who becomes aware of information about violations of the requirements of part one of this article by another employee of the prosecution is obliged to immediately inform the relevant head of the prosecution authority.

(Article 19 with amendments according to the decisions of the all-Ukrainian conference of prosecutors on 21.12.2018, on 28.08.2021)

Article 20. Requirements for the appearance of the prosecutor

The public nature of the prosecutor's activities and being under constant public scrutiny impose special requirements on him regarding appropriate appearance.

The prosecutor must adhere to a business style of clothing that is characterized by formality, restraint, and neatness while performing official duties.

Section III

MAIN REQUIREMENTS FOR THE OFFICIAL CONDUCT OF A PROSECUTOR

Article 21.   Avoiding behavior that may harm reputation

The prosecutor acts based on the law, impartially, regardless of private interests, personal attitudes towards any individuals, or his ideological, religious, or other personal views or beliefs.

The prosecutor should avoid personal connections, financial and business relationships that may affect the impartiality and objectivity of performing professional duties, discrediting him as a representative of the prosecution, and must not engage in actions, statements, and behavior that may harm his reputation and the authority of the prosecution, causing negative public resonance.

Outside of service, he must behave correctly and decently. When clarifying any circumstances with representatives of law enforcement and regulatory authorities, he must not use his official status, including his prosecutor's ID, to influence officials.

(Article 21 with amendments according to the decision of the all-Ukrainian conference of prosecutors on 28.08.2021)

Article 22.   Restrictions on the prosecutor's participation in political and other activities

The prosecutor may not belong to a political party, participate in political actions, rallies, strikes, or involve subordinates in them, nor publicly demonstrate his political beliefs.

Holding the position of prosecutor is incompatible with holding a position in any state body and with a representative mandate in state elective positions, except in cases of being seconded to work in other bodies on a permanent basis.

The prosecutor is subject to restrictions on compatibility and combination with other types of activities as defined by the Law of Ukraine
"On Prevention of Corruption."

(Article 22 with amendments according to the decision of the all-Ukrainian conference of prosecutors on 28.08.2021)

Article 23.   Attitude towards religion

The prosecutor has the right to freely determine his attitude towards religion, participate in the activities of religious organizations that operate on a legal basis and whose activities are not aimed at inciting racial, political, national, and religious enmity, without allowing their interference in his official matters.

Section IV

RELATIONS

Article 24.   Relations with state authorities and local self-government bodies

The prosecutor must not interfere in the activities of state authorities and local self-government bodies, except in cases provided for by law. He must cooperate with them within his powers in the performance of his official duties, provided that it does not contradict the principle of his independence.

Article 25.   Relations with law enforcement agencies

In relations with employees of law enforcement agencies, the prosecutor is obliged to be competent, balanced, and tactfully demonstrate demands and principles based on the requirements of the law.

Article 26.   Relations with judicial authorities

To ensure fair and objective justice, the prosecutor must maintain mutual respect in relations with judges and jurors, recognizing the importance of joint tasks in establishing the rule of law and legality in society.

Article 27.   Relations with other participants in judicial proceedings

In relations with other participants in judicial proceedings, the prosecutor must adhere to a business style of communication, demonstrating principledness and restraint.

Article 28.   Relations with the media

The prosecutor must treat the activities of representatives of the media regarding the coverage of the work of prosecution authorities with respect. He must refrain from official statements, opinions, and assessments on issues that do not fall within his competence. He must adhere to the ethics of public speaking and the requirements for providing official and confidential information in accordance with the law.

Official (written and oral) statements by the prosecutor in the media must be accurate and balanced, considering that they may be regarded as the official position of the prosecution, and discussions must be conducted in a correct manner, without undermining the authority of the prosecution authorities.

Article 29.   Relations within prosecution teams

Relations between prosecutors in their teams must be based on the principles of mutual respect and mutual assistance.

In their relationships with each other, prosecutors must avoid manifestations of unfriendly attitudes towards one another, directing their efforts towards fulfilling the tasks assigned to the prosecution.

Objective public criticism within prosecution teams of shortcomings in the work of colleagues must be combined with respect, tolerance, restraint, and politeness.

Article 30.   Relations of the management of prosecution authorities with subordinate employees

In relations with subordinate employees, leaders at all levels must combine principledness and demands with respect and kindness, avoiding rudeness and humiliation of human dignity.

Prosecutor leaders must:

–       promote a creative approach by prosecutors to performing their functions, encourage their initiative, and show respect for their expressed legal positions;

–    be fair and objective in evaluating the work of subordinate employees;

–    not encourage employees to perform tasks that go beyond their official duties, to commit illegal actions, and not allow instances of an unobjective approach to evaluating their professional, business, and personal qualities;

–    promote the establishment of service discipline in teams based on friendly mutual assistance and a positive moral and psychological climate;

–    promote compliance by employees with the requirements of professional ethics.

Article 31.   Relations with citizens

The prosecutor, within his competence, considers citizens' appeals in accordance with the requirements of the law. Manifestations of superiority or contempt towards citizens are unacceptable.

In relations with citizens outside of service, the employee of the prosecution must be a model of law-abidingness, decency, and adherence to generally accepted norms of morality and behavior.

Section V

RESPONSIBILITY FOR VIOLATIONS OF THE CODE OF PROFESSIONAL ETHICS AND CONDUCT OF PROSECUTORS

Article 32.   Assessment of compliance with professional ethics and conduct norms

The assessment of compliance with the norms of professional ethics and conduct of the prosecutor may be conducted during disciplinary proceedings and service investigations.

(Article 32 with amendments according to the decision of the all-Ukrainian conference of prosecutors on 28.08.2021)

Article 33.   Consequences of violating the requirements of this Code

According to the Law of Ukraine "On the Prosecutor's Office," prosecutors are obliged to strictly adhere to the requirements of this Code. Violations entail responsibility established by law.

In the case of systematic (two or more times within one year) or one-time gross violations of prosecutorial ethics rules, the prosecutor may be subject to disciplinary responsibility.