UA

ON VIOLATIONS ALLOWED BY EMPLOYEES OF THE PROSECUTOR'S OFFICE

With the purpose of increasing public confidence in the prosecution authorities, and implementing secure (including anonymous) methods of obtaining information, work has been organized to receive, via a special telephone line and a special email address, information on: violations by prosecutors of the Office of the Prosecutor General, regional prosecutor's offices, specialized prosecutor's offices with the rights of regional prosecutor's offices, district prosecutor's offices, and specialized prosecutor's offices with the rights of district prosecutor's offices of the rules of prosecutorial ethics; untruthfulness of statements in declarations of prosecutorial integrity; committing actions that tarnish the title of a prosecutor and may raise doubts as to his/her objectivity, impartiality and independence, or thehonesty and incorruptibility of the prosecution authorities; as well as on the facts of failure to comply by employees of the prosecution authorities and the Prosecutor's Training Center of Ukraine with legislation in the field of corruption prevention.

REPORTS ON THE FACTS OF CORRUPTION OR CORRUPTION-RELATED OFFENSES COMMITTED BY EMPLOYEES OF THE PROSECUTOR'S OFFICE

According to Article 1 of the Law of Ukraine "On Prevention of Corruption" (hereinafter referred to as the Law):

Corruption – the use by a person, referred to in Part 1 of Article 3 of this Law of official powers provided to him/her or capabilities related to them, with the purpose of obtaining an undue advantage, or accepting such an advantage, or accepting a promise/offer of such an advantage for himself/herself or other persons; or, correspondingly, the promise/offer or provision of an undue advantage to a person indicated in Part 1 of Article 3 of this Law, or upon their demand to other natural persons or legal entities, with the purpose of inducing this person to unlawfully use the official powers provided to him/her or possibilities related to them.

Corruption offence – an act containing signs of corruption, committed by a person referred to in Part 1 of Article 3 of this Law, for which criminal, disciplinary and/or civil liability is established by law;

Corruption-related offense – an act that does NOT contain signs of corruption, but violates the requirements, prohibitions, and restrictions established by this Law, committed by a person referred to in Part 1 of Article 3 of this Law, for which criminal, administrative, disciplinary and/or civil liability is established by law;

To enable whistleblowers to report corruption or corruption-related offenses, as well as facts of non-compliance by employees of the prosecution authorities and the Prosecutor's Training Center of Ukraine with legislation in the field of corruption prevention, channels for submitting reports have been organized at the Office of the Prosecutor General in accordance with Article 53⁹ of the Law of Ukraine "On Prevention of Corruption":

by transmitting such information to the special email address: [email protected];

by transmitting reports to the special telephone line: +380 (44) 200-78-66.

All information provided is sent directly to the General Inspection of the Office of the Prosecutor General for verification.

TO REPORT INFORMATION EVIDENCING A PROSECUTOR'S LACK OF INTEGRITY

By Order of the Prosecutor General No. 293 dated December 29, 2022, the Procedure for Conducting a Secret Integrity Check of Prosecutors (hereinafter referred to as the Procedure) was approved in a new edition: https://www.gp.gov.ua/ua/posts/inshi-organizacijno-rozporyadchi-dokumenti-2022-roku

Pursuant to Part 5 Article 19 of the Law of Ukraine “On the Prosecutor's Office,” each prosecutor is obliged to undergo an annual secret integrity check in accordance with the procedure approved by the Prosecutor General. For this purpose, pursuant to paragraph 3 of Section II of the Procedure, every year from January 1 to March 31 (inclusive), prosecutors are obliged personally, by filling out a form on the official website of the Office of the Prosecutor General, to submit a Declaration of Integrity according to the form and rules defined in Annex 1 to the Procedure.

After prosecutors submit the Declarations of Integrity, they are published on the website of the Office of the Prosecutor General (except during the legal regime of martial law in the state).

Until the end of the calendar year in which the Declaration of Integrity was submitted, any person has the right to report information that may evidence a prosecutor's lack of integrity or the unreliability (including incompleteness) of one or several statements of the prosecutor in the Declaration of Integrity.

The list of statements of the prosecutor contained in the Declaration of Integrity:

1. I have not committed any actions that tarnish the status of a prosecutor and may raise doubts as to my objectivity, impartiality, and independence, or the honesty and incorruptibility of prosecution authorities;

2. I have not committed any corruption or corruption-related offenses;

3. I have complied with all financial control requirements set forth by the Law of Ukraine "On Prevention of Corruption", including submitting, within the terms established by legislation, the declaration of a person authorized to perform functions of the state or local self-government, containing accurate information;

4. I have not committed any actions nor made any decisions under conditions of a conflict of interest;

5. I have not used the status of my position and related capabilities for my private interests or in the interests of third parties;

6. I have not received offers of an undue advantage or a gift not provided for by current legislation that I have not reported in the prescribed manner;

7. I have not disclosed or otherwise used for my interests or for the interests of a third party information that became known to me in connection with the performance of my official powers, except in cases established by law;

8. I am not aware of any protocols or other documents provided for by legislation being drawn up against me by an authorized body containing information on my possible commission of a corruption or corruption-related offense, nor of any court decisions resulting from the consideration of such cases;

9. I have not been notified of suspicion of committing a criminal offense, no indictments or petitions to release me from criminal liability have been pending before a court, and no court decisions on the outcomes of judicial proceedings in such cases have been rendered;

10. I am not aware of any protocols drawn up against me by an authorized body regarding driving a vehicle while intoxicated or refusing an examination to detect such state, nor of any court decisions resulting from the consideration of such cases;

11. No decisions have been made concerning me regarding the presence of disciplinary misconduct in my actions, and I have not been held subject to disciplinary liability.

The grounds for conducting a Secret Integrity Check of a Prosecutor may include information evidencing the unreliability of one or several statements made by the Prosecutor in the Declaration of Integrity.

It is mandatory for the report to specify information concerning a specific prosecutor and contain factual data regarding the unreliability (including incompleteness) of the statements outlined in the Declaration of Integrity that can be verified. Only under these conditions is the provided information subject to verification.

In the presence of information regarding the unreliability of the above-mentioned statements, any person may submit it to the Office of the Prosecutor General by one of the most convenient methods listed below:

by transmitting such information to the special email address: [email protected]

by transmitting a report to the special telephone line: +380 (44) 200-78-66

TO REPORT VIOLATIONS BY A PROSECUTOR OF THE RULES OF PROSECUTORIAL ETHICAL BEHAVIOR AND OTHER UNLAWFUL ACTS

The Code of Professional Ethics and Conduct of Prosecutors (hereinafter referred to as the Code) defines the fundamental principles, moral standards, and rules of prosecutorial ethics that prosecutors shall be guided by when performing their official duties and off-duty, approved by the All-Ukrainian Conference of Prosecutors dated April 27, 2017, as amended: https://gp.gov.ua/ua/posts/vseukrayinska-konferenciya-prokuroriv.

Pursuant to clause 4 of Part 4 of Article 19 of the Law of Ukraine "On the Prosecutor's Office", each prosecutor is obliged to comply with the rules of prosecutorial ethics, in particular, to refrain from conduct that discredits them as a representative of the prosecution authority and may damage the authority of the prosecution service.

In the event of having information regarding violations of prosecutorial ethics requirements, any person may submit it to the Office of the Prosecutor General by one of the most convenient methods listed below:

by transmitting such information to the special email address: [email protected];

by transmitting a report to the special telephone line: +380 (44) 200-78-66.