Candidates to the Prosecutor General can be checked for legal education

On April 25, Parliament registered the Bill No. 10254, which provides for amendments to the Law "On the Prosecutor's Office" in relation to the requirements put forward to the applicants to the post of General Prosecutor.

First of all, the document proposes to consolidate in the Law the following requirements for a candidate for this post:

- to be a citizen of Ukraine

- to have higher legal education;

- to have at least 10 years of experience in the field of law; - - to have a good command of the state language;

- to have no circumstances provided for in part five of Article 27 of the Law on the Prosecutor General's Office;

- to have high moral, business, professional qualities and organizational skills.

It should be noted that now, in accordance with Article 40, paragraph 3, "Appointment of the Prosecutor General of Ukraine" of the Law on Prosecutor's Office, a citizen of Ukraine may be appointed to the position of the Prosecutor General of Ukraine: to have higher education and experience in the field of law or experience in legislative and / or the law enforcement body for at least five years ... ".

However, as it is defined in the explanatory note by the authors of the bill, the availability of legal education and length of service in the field of law is a prerequisite for the post of Prosecutor General of Ukraine, since the Attorney General of Ukraine has a number of procedural rights (in criminal, civil, economic, administrative legal proceedings and during the consideration of cases of administrative offenses) for the proper realization of which he must have a full legal education, knowledge and practical experience in the field of law .

It should be noted that the necessity of legal education and the appropriate professional level of prosecutors is stated in a number of international legal acts. and in the legislation of a number of foreign countries (including Poland, Estonia, Slovenia, Georgia, etc.)

As you know, the current Prosecutor General Yuriy Lutsenko does not have legal education. Before voting for its appointment, the Verkhovna Rada adopted a law on the non-eligibility of specialized education for the Prosecutor General.

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