PROSECUTOR GENERAL OF INDEPENDENT UKRAINE: 30 YEARS OF POLITICAL AND LEGAL EXPERIENCE ON THE PREREQUISITES OF APPOINTMENT, TERM AND GROUNDS

Abstract

The article examines the issue of the constitu-tional model of the position of "Prosecutor General". The historical path of the preconditions for the ap-pointment of each Prosecutor General of Ukraine, the term of their powers and the grounds for dismis-sal in the context of 30 years of political and legal experience is briefly considered.
Considerable attention is paid to the constitu-tional procedure for the appointment (dismissal) of the Prosecutor General, which provides for the ac-tions of two higher centers of power in this process: the Verkhovna Rada and the President of Ukraine. Such a legislative construction is subject to author's criticism, because the Prosecutor General cannot be politically neutral for it, because he de facto becomes the executor of the political will of either the Presi-dent or the Verkhovna Rada of Ukraine, which, of course, is not correct. Therefore, the further activity of the Prosecutor General needs new guarantees of independence and the absence of side factors that would undermine it, ie the introduction of a new constitutional model of the position of the Prosecutor General in Ukraine.
It is argued that in order to level the political component in the process of appointment (dismissal) of the Prosecutor General, it would be expedient to carry out this appointment and dismissal not with the participation of the Verkhovna Rada of Ukraine, but with the High Council of Justice. In particular, the appointment of the Prosecutor General by the Presi-dent of Ukraine should be based on her (GRP) nomi-nation of candidates previously recommended to her by the All-Ukrainian Conference of Prosecutors. The High Council of Justice should also provide an opin-ion on the performance of the Prosecutor General's professional duties in the event of his early termina-tion. Of course, this issue needs to be resolved at the legislative level, primarily by amending Articles 85, 106, 130, 131-1 of the Constitution of Ukraine.
Key words: Prosecutor General, appointment of the Prosecutor General, term of office, grounds for dismissal of the Prosecutor General, model of the position of the Prosecutor General. volume_up con-tent_copy share.