The Prosecutor General`s Office is a deliberative body within which a board is formed. On the board are: the Prosecutor General of Ukraine, his first deputy, deputies, the prosecutor of the Autonomous Republic of Crimea, and other senior officials of the bodies of the Office of Public Prosecutor. The board members are approved by the Verkhovna Rada on the Prosecutor General`s representations.
Under Art. 46 of the Law "On the Office of Public Prosecutor" of Nov. 5, 1991, citizens of Ukraine having a higher law education and the necessary skills and moral qualities, can be appointed as prosecutors and investigators. Persons over 30 years of age who have at least seven-year experience in the system of the Office of Public Prosecutor or in the judiciary system can qualify for the posts of prosecutors of the Autonomous Republic of Crimea, regions, and the cities of Kyiv and Sevastopol; persons over 25 who have at least three-year experience in the system of the Office of Public Prosecutor or in the judiciary system can qualify for the posts of district and city prosecutors.
Under Art. 121 of the Constitution, the Office of Public Prosecutor is empowered to:
· Support public prosecution in a court of law;
· Represent the interests of a citizen or the State in a court as provided by the law;
· Monitor compliance with the law on the part of bodies which hold inquests, inquiries and pretrial investigations;
· Monitor compliance with the law in implementing judgments on criminal cases, as well as in applying other measures related to the restriction of citizens` personal freedom.
Part XV "Transient Provisions" of the Constitution says that the Office of Public Prosecutor will continue to perform, as prescribed by the law, the function of supervision over law compliance and law enforcement and the function of preliminary investigation until the implementation of laws regulating the activity of public authorities as to supervision over law compliance and the formation of a pretrial investigation system and implementation of laws regulating its functioning.
Para. 13 of "Transient Provisions" of the Constitution says that, within five years following the Constitution taking effect, the existing procedure for arrest, holding in custody and detention of people suspected of committing a crime, as well as the procedure for examination and search of a house or other property of a person, will stay. This means in particular that, within the said five years, Art.31 of the Law "On the Office of Public Prosecutor" will be in effect, under which a sanction to arrest of a suspect or the accused is given by a prosecutor (under the new Constitution, this authority will in the future be exercised exclusively by a court of law).