Stavniychuk: Lutsenko will not be able to make their own decisions

Ставнийчук: Луценко не cможет самостоятельно принимать решения

Marina Stavniychuk doubt that because of the lack of legal training Lutsenko will be able to make their own decisions

Former expert of the Venice Commission from Ukraine commented on the appointment of Yuriy Lutsenko to the Prosecutor General and.

Marina Stavniychuk, member of the Venice Commission for democracy through law of Ukraine from 2009 to 2013, analyzed the situation with the appointment of Yuriy Lutsenko, the Prosecutor General of Ukraine. The material is placed in No. 19 of the magazine Correspondent from 20 may 2016.

– The new attorney General has no legal education, no work experience in the Prosecutor’s office. Is, whether in your opinion, is this a problem?

– Yes, of course. Worldwide, this position requires specialized legal education. Moreover, in all European countries standards are such that the Prosecutor need special training in the framework of the already received a legal education.

– At the same time, Yuri Lutsenko has extensive experience in the interior Ministry. Can this experience help him?

– I don’t think. If you look facts in the face, Yury Lutsenko had not implemented the reform of the interior Ministry. Though he was appointed immediately after the orange revolution, and everyone was expecting that the police will change for the better.

– Many say that the office needs new blood. Like, people with education, experience, special training, are the people of the old system. So, not able to change it. Against this background, Lutsenko looks like a new man who can make changes…

 

We all understand that prosecutors need to be reformed. As the courts and system of justice. But it should be done professionally. Recall that Lutsenko said after the appointment. He stated that his primary responsibility is the punishment. I’m sorry, but punishment is not the function of the Prosecutor’s office. Punished on behalf of the state courts! And the Prosecutor needs to professionally gather evidence, oversee the pre-trial investigation and to represent the prosecution in court. That is, obviously, Lutsenko considers the role of the Prosecutor from the political side.

Lutsenko does not know law and procedure, does not own domestic legal culture enough to make their own decisions. And all the time rely on the opinion of advisers impossible

It is also clear that Yuri Lutsenko does not know law and procedure, does not own domestic legal culture enough to make their own decisions. And all the time rely on the opinion of advisers impossible. It does not work.

– What consequences can be at this appointment? Can detractors Yury Vitalyevich and the President to use sonnenteleskop procedures for the appointment of public Prosecutor and to try to recognize Yuriy Lutsenko, however, and all its decisions illegitimate?

– Let’s start with the fact that the appointment of Lutsenko is the result of the will of the head of state and a great political compromise that was not based on the excellent constitutional and legal basis. Because of this, each political force, which gave Lutsenko the voices, to understand their tasks of the public Prosecutor. And in its own way to evaluate his work.

In this aspect I would like to see Yury Vitalyevich was not in words, but really anyone and do not owe anything except the law. We can not say that the result of dubious democratic character and legitimacy of the appointment procedure of Lutsenko is distrust of society.

It is clear that in such a situation neither the public Prosecutor will not be able to fully perform their duties properly. Although the PR campaign and the visibility of rough activity of the Prosecutor’s office, of course, will be. If Lutsenko still want to achieve the result, he will have to overcome many obstacles, which could have been avoided at the expense of the legitimacy of the appointment process.

– You maintain relationships with European lawyers. How did they respond to this assignment?

They tactfully said nothing. Because in the European countries will never change the law (!) for the appointment of a particular person for the position. There is impossible! At the same time, the US welcomed the dismissal of Viktor Shokin. But then he expressed surprise at the fact that this decision was made only now and not a year ago. After all, has long understood that it needs to be done.

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This material is published in №19 of the magazine Correspondent for may 20, 2016. Reprinting of publications of magazine Correspondent in full is prohibited. The rules of use of materials of the journal Correspondent, published on the website Корреспондент.net can be found here.

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