Terms of stay in the ranks of state adviser of justice of the 1st, 2nd, 3rd classes are not established.

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Terms of stay in the ranks of state adviser of justice of the 1st, 2nd, 3rd classes are not established.

The term of office of investigative prosecutor’s offices is not regulated by law); in accordance with the laws of Ukraine, issues orders, directives, approves regulations and instructions, which are obligatory for all bodies of the prosecutor’s office. assigns class ranks, and on assignment of class ranks of the state adviser of justice of 1, 2, 3rd classes – makes representations to the President of Ukraine.

The instructions of the Attorney General on investigations are binding on all bodies of inquiry and pre-trial investigation.

Prosecutors of the Autonomous Republic of Crimea, oblasts, Kyiv and Sevastopol:

appoint and dismiss employees other than those appointed by the Attorney General; in agreement with the Prosecutor General, make changes to the established staffs of the subordinate prosecutor’s offices, within the approved number and salary fund.

The procedure for assigning and depriving a class rank is determined by the Regulations on class ranks of employees of the Prosecutor’s Office of Ukraine, approved by the resolution of the Verkhovna Rada of Ukraine of 6.11. 1991 No. 1795 // XII.

It establishes 10 class ranks of prosecutors:

1. The State Adviser of Justice of Ukraine – may have a Prosecutor General – corresponds to the military rank of General of the Army of Ukraine;

2. State Adviser of Justice of the 1st class – First Deputy Prosecutor General of Ukraine – Colonel-General;

3. State Counselor of Justice 2nd class:

Deputy Prosecutor General of Ukraine; ARC Prosecutor; prosecutors of oblasts outside the group and the city of Kyiv – lieutenant general.

4. State Adviser of Justice of the 3rd class:

heads and deputy heads of departments, heads of departments, senior investigators in particularly important cases of the Prosecutor General’s Office of Ukraine, senior assistants to the Prosecutor General of Ukraine on special assignments; regional prosecutors, transport, environmental and others (as regional ones), city prosecutors outside the group; first deputy prosecutors of the ARC, oblasts outside the group and the city of Kyiv; Rector of the Institute of Advanced Training of the Prosecutor General’s Office of Ukraine – Major General;

5. Senior Justice Adviser:

deputy heads of departments, heads of departments within the departments of the Prosecutor General’s Office; senior prosecutors, investigators in particularly important cases of the Prosecutor General’s Office, assistants to the Prosecutor General; deputy prosecutors of the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, transport, environmental and other equivalent, cities outside the group; heads of departments and divisions of prosecutor’s offices of the Autonomous Republic of Crimea, oblasts and regions equated to them as oblasts; senior investigators in particularly important cases of the ARC prosecutor’s offices and regional and equivalent prosecutor’s offices; prosecutors of cities of the 1st group; Vice-Rector of the Institute for Advanced Training of the Prosecutor General’s Office; Head of the Training Center of the General Prosecutor’s Office of Ukraine – Colonel;

6. Adviser of Justice:

prosecutors of boards and departments of the General Prosecutor’s Office of Ukraine; deputy chiefs, senior prosecutors of departments and divisions, investigators in particularly important cases, senior investigators of the ARC prosecutor’s office and equivalent, investigators in particularly important cases of city prosecutor’s offices; prosecutors of cities of the 2nd and 3rd groups, districts and prosecutor’s offices equated to them; deputy prosecutors of the cities of the 1st group – lieutenant colonel;

7. Junior Adviser of Justice:

assistant prosecutors, prosecutors of departments, divisions of prosecutor’s offices of the Autonomous Republic of Crimea, oblasts and prosecutors’ offices equated to them; deputy prosecutors of cities of the 2nd and 3rd groups, districts and prosecutor’s offices equated to them; senior assistant prosecutors, senior investigators, investigators of prosecutor’s offices of cities, districts and their equivalents – major;

8. Lawyer of the 1st class – captain;

9. Lawyer of the 2nd class – senior lieutenant;

10. Lawyer of the 3rd class: assistants of city, district and equivalent prosecutors – a lieutenant.

Assignment of class rank is carried out in a consistent manner, taking into account the business and personal qualities of the employee in accordance with the position he holds and length of service.

Assignment of a class rank without observance of these requirements is possible only in cases when:

The Prosecutor General of Ukraine for exemplary performance of official duties assigns regular class ranks to employees until the end of the term of stay in a particular class rank. These terms are as follows:

3rd grade lawyer – 2 years; lawyer of the 2nd class – 2 years; 1st grade lawyer – 3 years; junior justice adviser – 3 years; Adviser of Justice – 4 years; Senior Adviser of Justice – 4 years.

Terms of stay in the ranks of state adviser of justice of the 1st, 2nd, 3rd classes are not established.

The Prosecutor General, when appointing to a higher position, assigns a rank without observance of priority, but not more than two ranks higher than the one in which the employee is; The Prosecutor General of Ukraine shall submit a petition to the President of Ukraine for the assignment of the class rank of the State Counselor of Justice of the 1st, 2nd, and 3rd grades.

The class rank of a 3rd class lawyer is assigned to employees who have been working in the prosecutor’s office for at least 6 months, and to young specialists – after the expiration of the internship and appointment to the position.

Employees who have joined the prosecutor’s office from other organizations are assigned class ranks based on the positions for which they are appointed and their work experience.

As an exception, the assignment of a higher class rank to an employee, regardless of the position he holds, is possible for exemplary performance of official duties, initiative in work, other significant merits, taking into account the length of service,

Employees of the prosecutor’s office, who have been assigned class ranks, stay with them for life.

Deprivation of a class rank is possible in case of dismissal of an employee from the prosecutor’s office for offenses that discredit him.

In the case of gross misconduct or misconduct, a prosecutor may be demoted.

An important prerequisite for the successful performance of the functions assigned to the prosecutor’s office is the competence and personal discipline of prosecutors and investigators.

Issues related to incentives and disciplinary liability of prosecutors are regulated by the "Disciplinary Statute of the Prosecutor’s Office of Ukraine", approved by the resolution of the Verkhovna Rada of Ukraine of November 6, 1991.

Incentives applied to prosecutors:

gratitude; cash prize; gift; valuable gift; early assignment of a class rank or promotion in a class rank; awarding a badge "Honorary Employee of the Prosecutor’s Office of Ukraine".

For special merits in the work of prosecutors may be presented with state awards and the honorary title of "Honored Lawyer of Ukraine", promotion to the rank of State Counselor of Justice, which is within the competence of the President of Ukraine.

The Attorney General may apply all measures https://123helpme.me/write-my-lab-report/ of encouragement, except those mentioned above, applied by the President.

Prosecutors of the ARC, oblasts and their equals, have the right to encourage the employee with gratitude, a cash prize, a gift.

These prosecutors submit submissions to the Prosecutor General of Ukraine on the application of other types of incentives.

The Prosecutor General shall submit to the President a petition for state awards and the title of "Honored Lawyer of Ukraine".

Disciplinary sanctions:

reprimand; reduction in class rank; reduction in position; deprivation of the badge "Honorary Employee of the Prosecutor’s Office of Ukraine"; release; dismissal with deprivation of class rank.

Grounds for bringing prosecutors to disciplinary responsibility:

non-performance or improper performance of official duties; guilt that disgraces the prosecutor-investigator as an employee of the prosecutor’s office.

The acquittal, return of the criminal case for additional investigation, revocation of the measure of restraint and other procedural decisions entails disciplinary liability of prosecutors and investigators, if they committed negligence or dishonesty during the investigation.

The Prosecutor General has the right to apply disciplinary sanctions in full to the specified list, except for deprivation or demotion of the State Counselor of Justice of 1st, 2nd, 3rd grades, as this is possible only by Presidential Decree submitted by the Prosecutor General of Ukraine.

Prosecutors of the ARC, oblasts and their equivalents have the right to apply the following disciplinary sanctions:

reprimand; reduction in position; dismissal (except for dismissal and dismissal of employees appointed by the Prosecutor General of Ukraine).

If it is necessary to apply all other disciplinary measures, the said prosecutors shall submit submissions to the Prosecutor General.

Persons awarded the badge "Honorary Employee of the Prosecutor’s Office of Ukraine" may be dismissed with the prior consent of the Prosecutor General of Ukraine.

City, district and their equivalents submit submissions to the higher prosecutor on the imposition of disciplinary sanctions on their subordinates.

Disciplinary action should be commensurate with the gravity of the offense and the guilt.

The prosecutor who decides on the imposition of a penalty must personally clarify the circumstances of the case and obtain a written explanation from the person who committed it.

If necessary, an official inspection may be ordered, the term of which may not exceed two months.

Disciplinary action is applied within one month from the date of detection of guilt, not counting the time of official inspection, temporary incapacity for work of the employee and his leave, but not later than one year from the date of the offense.

Only one penalty can be imposed for the same offense.

An order of the relevant prosecutor shall be issued to impose a disciplinary sanction, which shall be announced to the employee against a receipt. A copy of the order is attached to the personal file.

The order to bring to disciplinary responsibility may be appealed by the employee to the Prosecutor General of Ukraine within one month from the date of acquaintance with the order. The decision of the Prosecutor General to impose a fine may be appealed to the High Council of Justice of Ukraine.

The acts of the prosecutor’s response (activities) include:

protests; prescriptions; presentation; resolutions; statements of claim; written instructions; documentary authorizations, permits, approvals, etc.

Prosecutor’s protest (Article 21 of the Law on the Prosecutor’s Office). A protest against an act that contradicts the law is brought by the prosecutor, his deputy to the body that issued it, or to a higher body or official.