A/HRC/44/53/Add.22 D. Office of the Prosecutor General Concerning Sections I, III of the draft report (regarding the functions and tasks of the Prosecutor's Office on issues of protection against violence and discrimination on the grounds of sexual orientation and gender identity). It is proposed to include in section I of the draft a reference to the Law of Ukraine On ensuring equal rights and opportunities for women and men (hereinafter - the Law). Thus, by Article 8 the Verkhovna Rada of Ukraine is empowered to determine the basic principles of gender policy of the state. By Article 10 of this Law, the Government of Ukraine is entrusted with the duty to guide and coordinate the activities of ministries and other executive bodies on ensuring gender equality, preventing and combating gender-related violence. Consequently, the task of defining the directions of gender policy is to be addressed by the central executive bodies that formulate the state policy in the corresponding areas, in particular a social one. Within the framework of the implementation of Article 131-1 of the Constitution of Ukraine, the Prosecutor’s Office of Ukraine does not perform such tasks. Concerning Paragraphs A and B of Section V of the draft report. The organization and activities of the Prosecutor's Office of Ukraine, the status of prosecutors are determined by the Constitution of Ukraine, the Law of Ukraine On the Prosecutor's Office and other laws of Ukraine, valid international treaties, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine. The functions of the Prosecutor's Office of Ukraine are carried out, in particular, on the principles of the rule of law, legality, justice, impartiality and objectivity. The Procedure for organizing the activities of prosecutors and investigative bodies of the prosecution in criminal proceedings, approved by the Order of the Prosecutor General of Ukraine dated March 28, 2019 No. 51, envisages that heads of prosecutor’s offices at all levels, of structural divisions of prosecutor’s offices at all levels, their first deputies and deputies in accordance with the distribution of responsibilities and within their powers stipulated by the Code of Criminal Procedure of Ukraine, at least once a month, provide for conducting a study of the state of compliance by the prosecution authorities and other law enforcement agencies, except for the National Anti-Corruption Bureau of Ukraine, with the requirements of Article 214 of the Code of Criminal Procedure of Ukraine regarding the timeliness of entering information into the Unified Register of the pre-trial investigations, completeness and correctness of qualification of criminal offenses according to applications and communications of citizens, materials of law enforcement agencies. The competence of the prosecution authorities of Ukraine includes supervision of compliance with laws during the pre-trial investigation in the form of a procedural guidance of the pretrial investigation in the initiated criminal proceedings. Considering the above, in order to provide a proper assessment of the inactivity of the National Police of Ukraine regarding the unjustified refusal to add information into the Unified Register of the pre-trial investigations it should be indicated, in respect of which specific cases and what individuals the information about crimes was not added. The employees of the corresponding structural unit of the Office of the Prosecutor General (the Department for Supervision of Compliance with the Laws by the National Police of Ukraine) have repeatedly noted to the regional prosecutors that there must be strict compliance with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms during the pre-trial investigation in criminal proceedings, in particular the observance of reasonable time frame of the investigation, ensuring rights and the interests of the parties to criminal proceedings, including representatives of LGBTI. Concerning paragraph D of section V of the draft report. Since this report does not contain any specific facts of the commission of crimes in the temporarily occupied territories in Donetsk and Lugansk regions, the Autonomous Republic of Crimea and under conditions of the armed conflict, it is not possible to provide a proper legal assessment of the described situations. 4

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