APPROVED

Order of the Attorney General

October 16, 2020 No. 489

PROSECUTOR'S OFFICE DEVELOPMENT STRATEGY 

for 2021–2023

Introduction

In recent years, reforms have been carried out in Ukraine aimed at creating a democratic and legal state, ensuring its economic and social development. 

Currently, Ukraine maintains stable rates in implementing substantial structural reforms with the identification of goals and priorities for reform, specific measures aimed at the development of various sectors and types of activities.

The ongoing reform of the prosecutor's office in Ukraine has comprehensively affected both external and internal processes of the functioning of the relevant system. Following institutional and functional transformations, and changes in constitutional powers, the Prosecutor's Office of Ukraine has been deprived of the function of oversight for compliance with and application of laws according to international legal standards of prosecutorial activity and the status of prosecutors, and with the start of the State Bureau of Investigations, also the function of pre-trial investigation. 

Today, conditions are being created for the implementation of the principles of efficiency, professionalism, independence, and accountability in the activities of the prosecutor's office; measures are being taken to assess the compliance of prosecutors with the criteria of professional competence, integrity, and professional ethics, as well as to provide opportunities for all honest candidates with the necessary theoretical knowledge and practical skills to compete for the position of prosecutor in any prosecutor's office; guarantees for the professional development of prosecutor's office employees are being strengthened.

Institutional, functional, organizational, personnel, and material-technical factors of reform indicate the objective necessity for the development of the prosecutor's office considering the program-target method.

Despite the successful reform of certain areas on one hand, and a number of legislative, organizational, and law enforcement problems on the other, the prosecutor's office currently has untapped potential that should be realized within the framework of a balanced, consistent, and gradual strategic planning concept.

The goal of the Strategy is to increase the level of efficiency of the activities of the prosecutor's offices, particularly regarding the fulfillment of constitutional functions and powers, improving external and internal communications, implementing a modern human capital management system, enhancing the resource provision of the activities of the prosecutor's offices, which is a necessary component of systemic transformations in the state, especially in the context of European integration.

The tasks of the Strategy: 

– to create conditions for optimal organizational and legal support for the high-efficiency activities of the prosecutor's offices; 

– to improve the regulatory and legal framework in specific areas of the prosecutor's office activities; 

– to implement new priorities in criminal law policy, take measures for their legislative, personnel, scientific, and informational support;

– to ensure the establishment of new recommendations and standards for prosecutors in key areas of activity;

– to introduce new standards and criteria for assessing the quality of a prosecutor's work, a new procedure for measuring and regulating the workload on prosecutors;

– to implement a modern human capital management system, introduce an electronic criminal proceedings system, and other relevant information technologies. 

The operational plan for implementation is a component of the Prosecutor's Office Development Strategy for 2021-2023 and will be developed after the Strategy is approved.

Vision, Mission, Values of the Prosecutor's Office

1. 1. Vision

People in Ukraine trust and utilize legal mechanisms for access to justice, combating, and preventing crime.

The prosecutor's office effectively implements constitutional functions based on the best standards of professional competence, ethics, and integrity.

Prosecutors ensure the protection of the rights and interests of victims, witnesses, as well as the fundamental rights of suspects and defendants, and other participants in the process according to high standards of human rights protection.

1. 2. Mission

The prosecutor's office, guided by the principles of the rule of law, ensures the observance of constitutional rights and freedoms of individuals, coordinates the formation of criminal law policy and the activities of law enforcement agencies to ensure public safety and legality.

The prosecutor represents the interests of the Ukrainian people (society and state) in criminal proceedings (in exceptional cases – in other types of proceedings) to ensure the right to a fair trial for the victim, the accused, and other participants in the process.

1. 3. Values

1.3.1 Human rights and freedoms

Respect for human rights and freedoms, honor and dignity, the desire to protect individuals, their life and health, inviolability and security, and high trust in the work of prosecutors are the most important guidelines in the activities of the prosecutor's office.

Prosecutors understand that the well-being of people largely depends on ensuring the rule of law, legality, and order, and the prosecutor's office makes efforts to protect economic freedoms, investments, and business. 

In their activities, prosecutors are guided by approved standards that meet the highest international requirements and the practices of the European Court of Human Rights.

1.3.2 Independence

The prosecutor is free from illegal external or internal interference in the performance of their duties regarding compliance with and application of the law and the rule of law, striving for justice in every case. The prosecutor uses legal means to protect against illegal political, material, or other influence during the performance of official duties.

In exercising constitutional functions, the prosecutor independently makes decisions, executing only those instructions from higher-level prosecutors that are provided to them in accordance with the law.

The selection and appointment of prosecutors are carried out based on assessments according to objective criteria, regardless of gender, ethnic affiliation, or political influence.

1.3.3 Openness and transparency

Prosecutors communicate openly and in accordance with approved standards with citizens and society within their competence, both directly and through the media. 

The prosecutor's office collects, analyzes, and publishes data about its activities so that everyone can be assured of the effective use of state resources in ensuring legality by prosecutors for the common good.

1.3.4 Professional development

The prosecutor's office conducts open competitions for the selection of prosecutors and civil servants to attract the most qualified candidates.

Prosecutors continuously learn, improving their professional competencies to form a professional culture. Prosecutors work in teams based on mutual respect and mutual responsibility, adhering to equal treatment for all.

The Training Center for Prosecutors of Ukraine, applying the best global practices, as well as practical orientation, contributes to the continuous improvement of the qualifications of prosecutor's office employees, who exchange experiences, established practices, and respond sensitively to changes.

1.3.5 Public trust

Society is a key partner of the prosecutor's office, so trust in the prosecutor's office and law enforcement agencies is a necessary condition for overcoming crime and corruption.  

Prosecutors have zero tolerance for any manifestations of violations of human rights and freedoms, impunity, and corruption both within the team and in the state as a whole, and respond strictly to them.

2. Strategic Priorities for the Development of the Prosecutor's Office

2.1. Ensuring a high level of quality and effectiveness in the implementation of the constitutional functions of the prosecutor's office

2.1.1. Defining priorities and improving the work of prosecutors in implementing the constitutional functions of the prosecutor's office.

2.1.1.1. Improving the implementation of prosecutors' powers to support public prosecution, organize and lead pre-trial investigations, and represent the interests of the state in court, including through the introduction of sectoral and thematic specialization, and unification of prosecutorial and judicial practices.

2.1.1.2. Formulating criminal law policy, according to which the prosecutor has, among other things, discretionary powers regarding prioritization during the organization and procedural leadership of pre-trial investigations, and resolving other issues during criminal proceedings in accordance with the law.

2.1.1.3. Ensuring effective representation of the interests of the state in court only in cases and in the manner defined by law.

2.1.2. Improving methods and measures to ensure a high level of quality in the implementation of the constitutional functions of the prosecutor's office.

2.1.2.1. Utilizing the latest technologies to optimize the document flow system, gradually minimizing paper document flow (integration of information electronic systems implemented in the work of prosecutor's offices into a single system; development and implementation of an electronic management system for criminal proceedings; automation of data exchange with other systems and databases; phased integration of the electronic management system for criminal proceedings into the work of all pre-trial investigation bodies and courts in all regions of Ukraine).

2.1.2.2. Implementing a system of automated distribution of criminal proceedings among prosecutors based on established clear objective criteria (including specialization criteria) combined with guarantees against possible abuse.

2.1.2.3. Developing and implementing unified standards for the work of prosecutors, including standards for pre-trial investigations, as well as incorporating the study of approved standards into training programs for initial, special training, and professional development of prosecutors and other educational programs; focusing on the development of leadership competencies of prosecutors. 

2.1.2.4. Introducing modern methods for implementing the functions of the prosecutor's office and pre-trial investigation.

2.1.2.5. Improving the structure and internal administration of the prosecutor's office, rational distribution of personnel and resources according to the constitutional functions of the prosecutor's office. Optimizing the number and balancing the ratio of prosecutors and civil servants, improving the distribution of criminal proceedings and work processes. Institutional and operational improvement of activities considering specializations within the execution of the main functions of the prosecutor's office. Accumulating human capital and institutional resources according to the priorities defined by criminal law policy.

2.1.2.6. Effective interaction within international cooperation with governments and competent authorities of other states, international institutions; improving the quality of international legal assistance.

2.2. Effective coordination of activities in the field of combating crime and the functioning of the criminal justice system as a whole

2.2.1. Coordinating the development and implementation of criminal law policy for the coordinated work of prosecutor's offices and relevant law enforcement agencies; ensuring modern approaches to combating crime.

2.2.1.1. Organizing the collection and analysis of complete and reliable data to determine the priorities of criminal law policy.

2.2.1.2. Developing and adopting, based on the priorities of criminal law policy, common key performance indicators (KPIs) for law enforcement agencies and recommendations for the application of criminal and criminal procedural legislation.

2.2.1.3. Developing the capacity and strengthening the functions of analytical units of prosecutor's offices, which will coordinate the process of developing and implementing priorities of criminal law policy, as well as adapting them according to changes in the criminal situation. 

2.2.2. Improving mechanisms for coordinating crime prevention. Format and institutional structure.

2.2.2.1. Establishing regular and effective interaction with all key state and non-state partners to improve the criminal justice system and law enforcement agencies. Improving the format of interaction within the coordination function of the prosecutor's office and other mechanisms of regular coordination and cooperation with the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, courts, pre-trial investigation bodies, and local self-government bodies to identify and jointly resolve current problems in the criminal justice system of Ukraine.

2.2.2.2. Implementing a mechanism for discussing current issues in the criminal justice system, law enforcement agencies, and ways to resolve them with non-governmental expert institutions, organizations, and individual experts, as well as international partners.

2.2.2.3. Establishing the leading role of prosecutor's offices in the process of determining the directions for the development of the criminal justice system and law enforcement agencies in Ukraine, including through a proactive position in coordination initiatives.

2.3. Development of professional competencies of prosecutor's office employees

2.3.1. Building a comprehensive, multi-level, and effective system of professional and personal development and career growth for prosecutor's office employees.

2.3.2. Attracting motivated professionals with a high level of knowledge, skills, and abilities to work in the prosecutor's office through an independent, transparent, and objective selection procedure for vacant prosecutor positions.

2.3.3. Creating and maintaining a professional culture among prosecutor's office employees aimed at continuously improving the quality of activities, ongoing learning, and encouraging innovation. Strengthening prosecutors' confidence in their significance for the prosecutor's office by creating opportunities for the development of professional competencies and prerequisites for acquiring the necessary knowledge, skills, and professional support to enhance the quality of activities in today's conditions.

2.3.3.1. Developing and implementing a comprehensive and unbiased system for evaluating the quality of a prosecutor's work based on established objective criteria, which will include, among other things, consideration of the results of a prosecutor's work in performing direct functions, innovation and striving for development, behavior in the team, execution of organizational tasks, and leadership.

2.3.3.2. Developing and implementing a system for measuring and regulating the workload on prosecutors as one of the main criteria for evaluating their activities.

2.3.3.3. Implementing a system for improving the qualifications of prosecutors based on the results of evaluating the quality of their work, including by sending them for additional training.

2.3.3.4. Implementing a system for improving the qualifications of prosecutors as a set of measures aimed at deepening and expanding professional knowledge, skills, and abilities that form the basis of prosecutors' professional competence.

2.3.4. Implementing a career growth system for prosecutor's office employees that ensures unified, transparent procedures based on clear and objective criteria, which will include, among other things, consideration of the candidate's previous achievements.

2.3.5. Improving a differentiated system of material and non-material incentives and motivational mechanisms to stimulate and retain the best professionals in the prosecutor's office.

2.3.6. Developing and implementing mechanisms for effective internal communication in the prosecutor's office.

2.3.6.1. Implementing effective systems: vertical communication (supervisor – subordinate / subordinate – supervisor), particularly to inform prosecutors of management decisions; mentoring; horizontal communication (among peers and prosecutors from different units) to exchange knowledge and skills based on mutual respect.

2.3.6.2. Developing communication skills of prosecutors to prevent and resolve potential conflict situations. 

2.3.6.3. Developing and implementing a mentoring institution in the prosecutor's office. Implementing monitoring and evaluation of the quality of mentoring.

2.3.7. Developing the Training Center for Prosecutors of Ukraine to prepare professionals with a high level of knowledge, skills, and abilities, ready to defend public interests.

2.3.7.1. Building a functioning system of the Training Center for Prosecutors of Ukraine based on the best international standards for training prosecutors and civil servants in the criminal justice system.

2.3.7.2. Formulating programs for initial training, special training, and professional development of prosecutor's office employees considering the vision, mission, and values of the prosecutor's office, priorities of criminal law policy, as well as practical needs of prosecutors.

2.3.7.3. Developing and implementing modern and flexible (adaptive to new challenges) programs for continuous professional development of prosecutor's office employees, as well as focusing on individual training needs to perform assigned tasks and functions.

2.4. Increasing levels of openness and public trust in the prosecutor's office

2.4.1. Improving and specifying the format of the annual report of the Attorney General on the activities of the prosecutor's offices before the Verkhovna Rada of Ukraine.

2.4.2. Improving mechanisms for informing the public about cases of human rights violations, responding to violations by law enforcement officers, and highlighting the status of investigations into such violations considering the categories of violated rights, as well as about high-profile violations and current events to demonstrate the inevitability of punishment for committed offenses, the absence of double standards or exceptional treatment.

2.4.3. Maintaining sustainable communication with non-governmental, scientific, and international organizations and experts, as well as international partners regarding current issues of human rights compliance and ways to resolve them.

2.4.4. Increasing the level of public trust in the prosecutor's office, creating a positive image of prosecutors as honest and independent professionals.

2.4.4.1. Positioning the prosecutor's office as an operational, reliable, and credible source of information about legal violations and holding offenders accountable.

2.4.4.2. Developing the knowledge and skills of prosecutors regarding interaction with the media, emphasizing adherence to ethical norms, communication within the investigation of high-profile criminal proceedings, and unconditional observance of the principle of presumption of innocence.

2.4.4.3. Establishing open and effective communication mechanisms, long-term partnerships with media, non-governmental organizations, academic circles, international institutions, and national and international experts.

2.4.4.4. Establishing ongoing cooperation and maintaining effective interaction with territorial communities in addressing problems and forming criminal law policy at the local level.

2.4.5. Positioning the prosecutor's office as an agency focused on the needs of individuals, legal entities, and society.

2.4.5.1. Applying a human-centered approach when considering and resolving appeals.

2.4.5.2. Introducing new approaches in the work of public reception offices of the prosecutor's office.

2.4.5.3. Implementing a policy focused on the needs of victims and witnesses.

2.5. Ethics, integrity of prosecutors, and disciplinary responsibility

2.5.1. Implementing effective mechanisms for monitoring compliance with the norms of prosecutorial ethics and integrity.

2.5.1.1. Improving and detailing the Code of Professional Ethics and Conduct for Prosecutors. 

2.5.1.2. Improving the internal institutional system for verifying the integrity of prosecutors.

2.5.1.3. Regularly conducting specialized training for prosecutors and providing consultations, including confidential ones, on ethics and integrity, preventing conflicts of interest and corruption. Implementing a mechanism for periodic verification of knowledge levels on ethics, integrity, conflict of interest prevention, and corruption.

2.5.2. Implementing an effective and efficient disciplinary policy aimed at protecting the independence of prosecutors during the proper performance of their professional functions.

2.5.2.1. Renewing and establishing the operation of the body that conducts disciplinary proceedings in accordance with European standards and best practices.

2.5.2.2. Improving the disciplinary procedure to ensure transparency and objectivity in the consideration of complaints about disciplinary offenses by prosecutors, inevitability and proportionality of responsibility for them, consistency and uniformity in the qualification of offenses, as well as preventing encroachments on the independence of prosecutors through disciplinary proceedings.

2.5.3. Implementing mechanisms for internal and external control to prevent and combat corruption.

2.5.3.1. Implementing a system for assessing corruption risks in the internal processes of the prosecutor's office.

2.5.3.2. Establishing an internal system for working with whistleblowers. Creating safe channels for reporting corruption, a system of guarantees for confidentiality and protection of whistleblowers' rights.

2.5.3.3. Establishing cooperation with institutions, organizations, and experts to prevent conditions under which prosecutor's office employees may violate the provisions of the Code of Professional Ethics and Conduct for Prosecutors, commit corrupt offenses, or exceed their powers.

2.6. Ensuring the independence of prosecutors and prosecutorial self-government, social security for prosecutors

2.6.1. Ensuring the independence of prosecutors from illegal influences.

2.6.1.1. Preventing unfounded inspections of lower-level prosecutor's offices by higher-level prosecutor's offices.

2.6.1.2. Preventing the influence of supervisors on the salary level of subordinate prosecutors through unjustified appointments, cancellations of bonuses, or other allowances.

2.6.1.3. Ensuring the possibility for prosecutors to effectively appeal against illegal actions, instructions, or pressure from supervisors or colleagues to the bodies of prosecutorial self-government or to the body conducting disciplinary proceedings.

2.6.1.4. Ensuring a transparent procedure for the appointment and dismissal of prosecutors, including administrative ones, based on the assessment of objective criteria.

2.6.1.5. Promoting the improvement of material support and social protection for prosecutors.

2.6.1.6. Implementing guarantees for the protection of budget funding for the activities of the prosecutor's office.

2.6.2. Improving the system of prosecutorial self-government bodies and ensuring the institutional independence of the prosecutor's office.

2.6.2.1. Ensuring the full operation of prosecutorial self-government bodies as a tool for protecting the independence of prosecutors and the prosecutor's office.

2.6.2.2. Strengthening the guarantees of the independence of the prosecutor's office provided by international standards and relevant recommendations of the Venice Commission, GRECO, and other international organizations that establish standards in this area.

2.6.2.3. Improving the principles and processes of budget funding for prosecutorial self-government bodies.