On Amendments And Additions To The Law Of Ukraine "on Prosecutor's Office"

Original Language Title: Про внесення змін і доповнень до Закону України "Про прокуратуру"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/3662-12

                                                          
With a k o n u r as th n and {Act repealed by law N VII-1697 (1697-18) from 14.10.2014, VVR, 2015, N 2-3, article 12} on amendments and additions to the law on Procuracy "(Supreme Council of Ukraine (BD), 1993, N 50, art. 474) (Introduced in BP N 3663-XII (3533-12) of 26.11.93, VVR, 1993 , N 50, art. 475) of the Verkhovna Rada of Ukraine n o s t a n o in l I is: Make the law "on Prosecutor's Office" (1789-12) (Supreme Council of Ukraine, 1991, N 53, item 793; 1993, N 22, art. 229) the following amendments and supplements: 1. Paragraph 6 of article 5 is put in the following wording: "6) supervision of the observance of laws by bodies of military management military associations, connections, parts departments, agencies, and military institutions and officials of the armed forces, frontier troops, the National Guard, the Office of State protection, the security service of Ukraine and other military formations, and stationed on the territory of Ukraine ".
2. the first part of article 12 lay in the following wording: "the Prosecutor considers the statements and complaints about violations of the rights of citizens and legal persons, in addition to the consideration of complaints, which are the competence of the Court."
3. Article 13 put in the following wording: article 13. The system of prosecution system of prosecution are: General Prosecutor's Office of Ukraine, the Prosecutor's Office of the Republic of Crimea, oblasts, cities of Kyiv and Sevastopol (as the regional), city, district, inter-district, others equated them to the Prosecutor's Office and the military prosecutor's Office.
The bodies belong to the military prosecution Prosecu-military regions and the military prosecutor's Office of the Black Sea fleet and the Ukrainian Navy (as the regional) military prosecution teams (on the rights of the city).
The staff strength of the bodies of Office of public prosecutor of Ukraine within the payroll approved by the Attorney General.
4. the second part of article 14 to lay out in the following wording: "the structure of the General Prosecutor and the regulation of its structural subdivisions approved by the Procurator General of Ukraine".
5. the second part of article 19 lay in the following wording: "checking the implementation of the laws is carried out by statements and other reports of violation of the rule of law, requiring the prosecution response, and if the drives are also on its own initiative of the Prosecutor. Prosecutors do not take bodies of departmental management and control and not interfere in economic activity if such activity does not contradict the current legislation ".
6. in article 20: item 1 part lay in the following wording: "1) hold a certificate that confirms the touched position, enter the premises of the State bodies, bodies of local and regional authorities, associations, enterprises, institutions and organizations irrespective of form of ownership, subordination or belonging to military units, institutions without special passes, where such introduction; to have access to documents and materials required for carrying out the verification, including the written demand, and those that contain commercial or banking secrecy or confidential information. A written request to the Prosecutor's Office to verify these documents and materials, issuing the required certificates, including on the operations and accounts of legal persons and other organizations, to address issues related to verification ";
paragraph 3 of part one outline in the following wording: "3) require managers and collegial bodies conduct inspections, audits the activities of subordinate and controlled enterprises, institutions, organizations and other structures regardless of their forms of ownership, as well as a selection of experts to conduct audits, departmental and pozavìdomčih expertise."
7. Add to article 29 of the third such "Exercising supervision, the Prosecutor takes action to harmonise the actions of law enforcement agencies in the fight against crime."
8. Article 35 put in this Edition: article 35. The powers of the Prosecutor, the Prosecutor may join the case at any stage of the process, if required by the protection of the constitutional rights of citizens, the interests of the State and the society, and shall promptly take measures provided by the law to eliminate violations of the law, no matter from whom they came. The Prosecutor has equal rights with the other participants in the hearing.
The scope and limits of the powers of the Prosecutor, which is involved in the judicial process are defined by this law and procedural legislation.
9. To supplement the law article 46-1 the following contents: "article 46-1. The footage of the bodies of the military prosecutor's Office by military prosecutors and investigators appointed by the Ukrainian citizens from a number of officers undergoing military service or are in stock and have higher legal education.
Military military Prosecu-in its activities are governed by the law of Ukraine "on Prosecutor's Office" (1789-12) and pass the service according to the law of Ukraine "on the General military duty and military service" (2232-12) and other legislative acts of Ukraine, which established the legal and social guarantees, retirement, medical and other types of delivery and provision, stipulated by the legislation for the officer

the armed forces of Ukraine ".
10. Article 49 after third part add a new part of the following content: "prosecution Investigators are provided with the core area of the local authorities in the Prime order. They also provided a 50 percent discount card for the amount of them and members of their families to housing, utilities (water, gas, electric and thermal energy) and use the kvartirnim call.
In this regard, part of the fourth, fifth and sixth to assume in accordance with sections of the fifth, sixth and seventh.
11. in article 50: part of the second sentence, add the following text: "the same responsibility comes in case of committing these offences against pensioners from prosecutors or members of his family and close relatives in connection with the performance of duty by him in the past;
Add to article after part two of the new part of the following content: "losses caused by the destruction or damage of property of the prosecutor investigating whether retiree from prokurors′ko-investigators employees, members of their families and close relatives in connection with the performance of an employee of the Prosecutor's Office official duties shall be reimbursed by the State in full size at the expense of the State budget;
part of the fourth after the word "family" add the words "or utrimancâm" and after the words "the last post" add the words "and assigned a pension of the survivor in the amount of his monthly official salary.
Due to the addition of new articles considered part of the third, fourth, fifth and sixth respectively parts of the fourth, fifth, sixth and seventh.
12. To supplement the law article 50-1 the following contents: "article 50-1. Pension prosecutors, employees of the Prosecutor's Office, which assigned to cool offices, with experience in the Prosecutor's Office 20 years or more are entitled to a pension for a time.
Pensions for seniority are assigned: a) the investigating workers regardless of age, with at least 20 years of service as an investigator, head or Deputy Head of an investigative unit (Department, part), which directly deals with the clerk of the previous investigation, 50 percent of monthly earnings. Each year vislugi over 20 years pension increases: investigative work at three percent, and on any prokurors′kìj post-at two percent of earnings from which the pension is calculated;
b) employees who occupy prokurors′kì posts listed in article 56 of this law, after reaching 55 years men and women from 50 years of service in these posts not less than 20 years, 50 percent of monthly earnings. Each year vislugi more than 20 years, the pension is increased by two percent of that income;
in) the employees referred to in points "a" and "b" part two of this article, which do not have vislugi 20 years, if the experience of the service in the Prosecutor's Office is not less than 12 years, after reaching the men 60 years at the General trainings work 25 years and more, and women-55 years with General trainings work 20 years or more in the amount proportional to the number of full years of work on the prokurors′ko-investigative positions on the basis of 50 per cent of the monthly income for 20 years vislugi. For each year of the total experience of over 25 years for men and 20 years for women, the pension is increased by one percent of monthly earnings, from which it is calculated.
Persons who took part in liquidation of consequences of the Chernobyl disaster and assigned to the 1st category, the size of pensions for seniority increases at 10 percent, and vìdnesenim to categories 2, 3 and 4, five per cent of relevant earnings.
The total size of pensions for seniority, calculated in accordance with this article, shall not exceed 75 per cent of relevant earnings, and the persons who took part in liquidation of consequences of the Chernobyl disaster and assigned to category 1, 85 percent, to 2, to 80 percent.
To experience that gives the right to retire for a time, count: investigating employees (paragraph "a" part two of this article)-working in the Prosecutor's Office, including the military prosecutor's Office, as an investigator, head or Deputy Head of an investigative unit (Department, part), which directly deals with the clerk of the previous investigation;
work on specified positions in the organs of Internal Affairs and the security service of Ukraine for the immediate implementation of the previous investigation; partially paid vacation child care for women to reach three years.
prokurors′kim employees (paragraph b of part two of this article) is working on the Prosecutors Office listed in article 56 of this law, including in the military prosecutor's Office;
investigation work in the Prosecutor's Office, the internal affairs and the security service of Ukraine; the job of a judge; partially paid vacation child care for women to reach three years.
The earnings for the calculation of pensions for a time included appropriate salaries by position, raise the salaries for class officers, seniority, as well as other payments pursuant to article 66 of the law "on pensions" (1788-12).
The pensions for seniority, designed according to the article, set allowances on hold disabled

family members and to care for the lonely pensioner in size and under conditions stipulated by article 21 of the law "on pensions".
The right to retire for a time to have the persons specified in points "a", "b", "c" part two of this article that are directly in front of the appeal for the purpose of such a pension is not less than two years on the prokurors′ko-investigative positions.
Pensions are appointed and paid upon release from the service in the Prosecutor's Office.
Employees of the Prosecutor's Office, who have simultaneously entitled to different State pensions is assigned one pension of their choice.
Persons laid off from work in order of disciplinary action from the stripping class rank or deprived class of the order by the court verdict, after the liberation of the right on pension seniority.
The increase of pensions for a time due to the indexation of cash income are carried out in accordance with article 97 of the law "on pensions" and other acts of legislation.
Pensions for seniority in accordance with this article shall be appointed by the bodies of social protection of the population and are paid from the Pension Fund of Ukraine in accordance with article 85 of the law "on pensions".
For retirees from the number prokurors′ko-investigators employees kept the right to medical care in those institutions, in which they were registered, and other benefits provided to prosecutors by law of Ukraine "on prosecutors.
13. Add to article 52 parts of the fifth and sixth such content: "allowance of prosecutors, investigators, officers and other employees of the military Department of Defense implemented Prosecu-Ukraine.
Ensuring military Prosecu-official premises, their protection, transport, communications and other essential property, and personnel of these Prosecu--we carried out by the Ministry of Defense of Ukraine ".
14. in article 56, after the words and figures "article 46," add the words and figures "part 1 of article 46-1", and the words and figures "articles 48, parts of the first, second, third and fourth articles 49, articles 50 and 55" replace the words and figures "articles 48, 49, 50, 50-1, part of the fifth article 52 and article 55.
15. In articles 1, 9, 10, 11, 14, 15, 16, 17, 20, 27, 39, 40, 41, 42, 46, 49 words "Crimean ASSR", replace the words "Republic of Crimea".
16. In articles 9, 11, 15, 16, 27, 39, 40, 41, 42, 46 the word "City", replace the words "cities of Kyiv and Sevastopol.
17. in article 42 the word "Kiev City" replace the words "of Kiev and Sevastopol city."

President of Ukraine Leonid KRAVCHUK, Kyiv, 26 November 1993 N 3662-XII