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.
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