The main partners and beneficiaries Ukrainian Parliament, Ministry of Justice of Ukraine (MoJ); Supreme Court (SC), Office of the Prosecutor General of Ukraine (GPO), National School of Justice (NSJ), National Academy of Prosecutors of Ukraine (NAPU). Other partners: Council of Public Prosecutors (CPP), Qualification and Disciplinary Commission of Prosecutors of Ukraine (QDCP), Office of the President of Ukraine; Ministry of Interior/National Police, State Bureau of Investigations (SBI), Coordination Center for the Legal Aid Provision (CCLAP), National Bar Association (NBA), and human rights NGOs.

The main aim is to ensure effective functioning of the criminal justice system in Ukraine aligned with European human rights standards with a large focus on practical implementation of reforms in the criminal justice area, specifically with regard to the following components:

Criminal justice legislation and practice comply with the CoE standards and best practices (outcome/objective 1);

Consolidation of independence, effectiveness and transparency of the public prosecution service (outcome/objective 2).

The following results are expected:

To ensure legislation and/or internal regulations in place address CoE recommendations enabling the effective implementation of regulatory framework;

To consolidate professional and operational capacities of criminal justice actors to enable the implementation of legislation in line with CoE standards and best practices;

To promote institutional independence of the prosecution service and individual procedural autonomy of prosecutors;

To facilitate institutional and operational efficiency and professionalism of the prosecution service, with focus on its new self-governance and qualification/disciplinary bodies;

To enhance awareness of prosecutorial community and public on the PPS reforms developments.

Project information

  • Duration: 30 months (Phase I: July 2019 – December 2020; Phase II: January - December 2021)
  • Place/ country: Ukraine
  • Budget: Phase I: 1 000 000 €; Total estimated: 2 000 000 €
  • Funding: Action Plan level funding

Project documentation

Publications / Expert opinions / reviews

PROJECT NEWS

Back Council of Europe provided expert opinion to Draft Law ‘On amending Criminal Procedure Code of Ukraine regarding Improvement of the Activities of Joint Investigative Teams’

Council of Europe provided expert opinion to Draft Law ‘On amending Criminal Procedure Code of Ukraine regarding Improvement of the Activities of Joint Investigative Teams’

Council of Europe supports the Ukrainian authorities in further harmonisation of the criminal procedure legislation and its implementation with Council of Europe standards and best practices. Acting on a request of the Office of the Prosecutor General, the Council of Europe prepared expert opinion to the Draft Law No 7330 “On amending Criminal Procedure Code of Ukraine regarding Improvement of the Activities of Joint Investigative Teams”.

Members of the Council of Europe expert advisory group to the Office of the Prosecutor General of Ukraine provided the expert opinion of the Draft Law, on the basis of comments by Mr. Jeremy McBride and review by Ms. Nona Tsotsoria. In general, the Draft Law was positively assessed taking into account that its provisions generally reflect best practices in Europe.

At the same time, there are some shortcomings to be addressed. Particularly, it is stressed that certain provisions require more precise formulation, consideration should be given as to the need to allow agreements also to be concluded with the authorities of international or supranational bodies. Furthermore, it should be made clear that investigating judges and prosecutors will not be subject to the direction of the senior investigator in the exercise of their judicial and prosecutorial functions.

The full text of the expert opinion can be downloaded here.

The expert opinion was prepared within the framework of the Council of Europe Project “Human Rights Compliant Criminal Justice System in Ukraine”, which is part of the Council of Europe Action Plan for Ukraine 2018-2022.

KYIV, UKRAINE 01 JULY 2022
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