Most of the provisions of the Law of Ukraine "On amendments to some legislative acts of Ukraine on improving the Prosecutor's Office activity" (hereinafter - the Law) came into force on the 1st of December 2012.
Changes have affected the number of regulations, including the Law "On the Prosecutor's Office", procedural codes and certain laws.
From the first of December 2012 prosecutors are not allowed to exercise their powers over the supervision of compliance with and enforcement of laws without a prosecutor's investigation appointment, which now can be provided only after the relevant resolution issuing. Such a resolution shall state the grounds, testifying possible violations of the law, as well as the necessity of committing certain prosecutor`s actions. Copy of the resolution must be given to the person, whose rights and freedoms can be affected by the prosecutor's investigation. In addition providing prosecutor's investigation basing on statements of individuals and legal entities before its prior review by the competent authorities of the executive power was forbidden.
The Law also repealed the prosecutor`s authority to issue mandatory acts of prosecutorial response. Now prosecutors can just make a proposal, which does not automatically suspend the activities of a business entity or oblige to act relatively to unconditional elimination of violations, that on the prosecutor`s opinion, occurred. The Law establishes a single act of prosecutorial response to the violations of law in the form of proposal, which application does not entail suspension of regulations, termination of certain activities, necessity of certain actions or unconditional elimination of violations, which, on the prosecutor`s opinion, had taken place.
These changes will significantly reduce the influence of the prosecutor's office on the business in future.
