Administration of the President of Ukraine finalized preparation of the draft law “On prosecution” that was sent to the Venice Commission and the Council of Europe in early August. After detailed examination by European experts the document will be updated according to their conclusions and comments. Currently, draft law foresees essential changes in powers of the prosecution. From the list of this institution’s functions disappeared providing pre-trial investigation as well as any possibility of prosecutor’s influence on investigators. It was suggested to leave in prosecution’s jurisdiction only support of state prosecution in the court and coordination of legal activity of institutions responsible for investigations, interrogation, pre-trial investigation and execution punishments in the criminal law.

Valentyn Zagariya, Head of the Higher Qualification and Disciplinary Bar Commission, said that draft law “On prosecution” strengthened attorney’s rights in the criminal process. In particular, attorney obtains the right of the free-of-charge access to state data bases, while governmental authorities are obliged to respond to attorney’s enquiries and provide information in the same way as they would respond to prosecutors’ enquiries. Attorneys can visit state and regional authorities without any difficulties. Consequently draft law made rights of the prosecutor and attorney equal in criminal proceeding.

“Today we witness legislative reform being in a stage-by-stage progress. New Code of Criminal Procedure of Ukraine and Law of Ukraine “On Bar and Advocacy” were adopted and now prosecution reform is being finalized. There is no doubt that implementation of the new standards is an example of the best European legal traditions which in the nearest future will support attorney’s free professional activity”, – commented Mr. Zagariya.