{"id":10992,"date":"2025-08-08T10:23:38","date_gmt":"2025-08-08T07:23:38","guid":{"rendered":"https:\/\/lexcovery.com\/2025\/08\/draft-law-on-withdrawal-from-the-agreement-on-mutual-crediting-towards-total-length-of-service-and-years-of-service-in-the-bodies-and-institutions-of-the-prosecutors-office-in-the-states-parties-to\/"},"modified":"2025-08-08T10:23:38","modified_gmt":"2025-08-08T07:23:38","slug":"draft-law-on-withdrawal-from-the-agreement-on-mutual-crediting-towards-total-length-of-service-and-years-of-service-in-the-bodies-and-institutions-of-the-prosecutors-office-in-the-states-parties-to","status":"publish","type":"post","link":"https:\/\/lexcovery.com\/en\/2025\/08\/draft-law-on-withdrawal-from-the-agreement-on-mutual-crediting-towards-total-length-of-service-and-years-of-service-in-the-bodies-and-institutions-of-the-prosecutors-office-in-the-states-parties-to\/","title":{"rendered":"Draft Law on Withdrawal from the Agreement on Mutual Crediting Towards Total Length of Service and Years of Service in the Bodies and Institutions of the Prosecutor&#8217;s Office in the States Parties to the Commonwealth of Independent States"},"content":{"rendered":"<p>Analysis of the draft law:<br \/>\n<!DOCTYPE html><\/p>\n<p><head><br \/>\n<meta charset=\"utf-8\"\/><br \/>\n<meta content=\"width=device-width, initial-scale=1.0\" name=\"viewport\"\/><br \/>\n<title>Analysis of the Draft Law on Withdrawal from the Agreement on the Prosecutor&#8217;s Office in the CIS<\/title><br \/>\n<\/head><\/p>\n<h5>Analysis of the Draft Law on Withdrawal from the Agreement on the Prosecutor&#8217;s Office in the CIS<\/h5>\n<p><strong>Essence of the draft:<\/strong> The draft law proposes Ukraine&#8217;s withdrawal from the Agreement on Mutual Recognition for Inclusion in the Total Length of Service and Years of Service in the Bodies and Institutions of the Prosecutor&#8217;s Office in the CIS Member States. This agreement was concluded in 1998 and ratified by Ukraine in 1999. The draft law consists of two articles: the first provides directly for withdrawal from the Agreement, and the second defines the date of entry into force of the law \u2013 the day following its publication.<br \/>\n<strong>Structure and main provisions:<\/strong> The draft law is concise and consists of two articles. The first article stipulates that Ukraine withdraws from the Agreement, indicating its name, place and date of conclusion, as well as the number of the Law of Ukraine on ratification. The second article establishes the date of entry into force of the law.<br \/>\n<strong>Key points for stakeholders:<\/strong><\/p>\n<ul>\n<li><strong>For legislators:<\/strong> It is necessary to take into account the consequences of withdrawal from the Agreement for persons who have work experience in the prosecutor&#8217;s offices of other CIS member states, as well as the possible political consequences of such a step.<\/li>\n<li><strong>For experts:<\/strong> It is important to assess the compliance of withdrawal from the Agreement with the national interests of Ukraine, as well as to analyze possible alternative mechanisms for regulating issues of length of service and years of service for employees of the prosecutor&#8217;s office.<\/li>\n<li><strong>For business:<\/strong> The draft law does not directly affect the business environment, as it concerns exclusively the issues of service in the prosecutor&#8217;s office.<\/li>\n<li><strong>For citizens:<\/strong> The draft law may be important for citizens of Ukraine who have worked in the prosecutor&#8217;s offices of other CIS member states, as this may affect their rights to pension provision and other social guarantees.<\/li>\n<\/ul>\n<p>Analysis of the explanatory note:<br \/>\n<!DOCTYPE html><\/p>\n<p><head><br \/>\n<title>Analysis of the Draft Law of Ukraine<\/title><br \/>\n<\/head><\/p>\n<h5>Analysis of the Draft Law of Ukraine &#8220;On Withdrawal from the Agreement on Mutual Recognition for Inclusion in the Total Length of Service and Years of Service in the Bodies and Institutions of the Prosecutor&#8217;s Office in the States \u2013 Members of the Commonwealth of Independent States&#8221;<\/h5>\n<p>Good day! Let&#8217;s consider this important draft law, which concerns Ukraine&#8217;s withdrawal from the CIS agreement on mutual recognition of prosecutors&#8217; length of service.<\/p>\n<h3>1. Essence of the draft law<\/h3>\n<p>The draft law provides for Ukraine&#8217;s withdrawal from the Agreement concluded within the CIS framework, which regulates the mutual recognition for inclusion in the length of service and years of service of employees of the prosecutor&#8217;s offices of the member states of the Commonwealth. In other words, Ukraine wants to stop taking into account the length of service of prosecutors acquired in other CIS countries for the purpose of calculating pensions and other social benefits.<\/p>\n<h3>2. Reasons for and necessity of adopting the draft law<\/h3>\n<p>According to the authors of the explanatory note, this step is necessary for several reasons:<\/p>\n<ul>\n<li><strong>Compliance with national interests:<\/strong> The agreement was concluded in other political realities. Now, in the context of the war with Russia, which is a member of the CIS, cooperation within this organization does not meet the national interests of Ukraine.<\/li>\n<li><strong>Armed aggression of the Russian Federation:<\/strong> The participation of Russia and Belarus in the armed aggression against Ukraine makes it impractical to continue the Agreement, as this negates the principles and foundations that guided Ukraine when concluding it.<\/li>\n<li><strong>Improvement of national legislation:<\/strong> The issue of calculating the length of service of prosecutors is already regulated by the Law of Ukraine &#8220;On the Prosecutor&#8217;s Office&#8221;. That is, the need for an international agreement has disappeared.<\/li>\n<\/ul>\n<h3>3. Main consequences of the draft law<\/h3>\n<p>Here are the consequences of this draft law that may be most important for various groups of stakeholders:<\/p>\n<ul>\n<li><strong>For legislators and experts:<\/strong> It will be necessary to amend regulations to take into account the withdrawal from the Agreement. It is important to assess possible legal conflicts and ensure a smooth transition to the new rules.<\/li>\n<li><strong>For business:<\/strong> Since the implementation of the act will not require funding from state or local budgets, there are no consequences for business.<\/li>\n<li><strong>For citizens (especially employees of the prosecutor&#8217;s office):<\/strong> Length of service acquired in CIS countries may no longer be taken into account when calculating pensions and other social benefits. This may affect the amount of pensions for some employees of the prosecutor&#8217;s office. It is important that the state ensures a fair transition period and clarifies the new rules for calculating length of service.<\/li>\n<\/ul>\n<p>In summary, this draft law is part of the process of reviewing Ukraine&#8217;s international agreements, taking into account modern political realities and national interests. It is important that this process is transparent and takes into account the interests of all stakeholders.<\/p>\n<p>Analysis of other documents:<\/p>\n<h5>Analysis of Documents Regarding Ukraine&#8217;s Withdrawal from the Agreement on Mutual Recognition of Length of Service in the CIS<\/h5>\n<h3>General overview<\/h3>\n<p>Judging from the submitted documents, the Cabinet of Ministers of Ukraine initiates the withdrawal from the Agreement on Mutual Recognition for Inclusion in the Total Length of Service and Years of Service in the Bodies and Institutions of the Prosecutor&#8217;s Office in the States \u2014 Members of the Commonwealth of Independent States (CIS). This is confirmed by a letter from the Cabinet of Ministers to the Verkhovna Rada of Ukraine with the submission of the relevant draft law, as well as the draft Resolution of the Verkhovna Rada on the adoption of this law.<\/p>\n<h3>Position of the author of the document<\/h3>\n<p>In this case, the author of the document is the Cabinet of Ministers of Ukraine, which unequivocally <strong>supports<\/strong> the withdrawal from the Agreement. This is evidenced by the initiation of the draft law and accompanying letters.<\/p>\n<h3>Main provisions important for stakeholders:<\/h3>\n<ul>\n<li><strong>For legislators:<\/strong> The need to consider and make a decision on withdrawal from the Agreement. It is important to assess the consequences of this decision for the pension provision of prosecutors and other employees of the prosecutor&#8217;s office who have work experience in the CIS countries. It is also necessary to take into account the political aspect, given the current relations between Ukraine and the CIS countries.<\/li>\n<li><strong>For experts:<\/strong> It is important to analyze the financial consequences of withdrawal from the Agreement. Will this lead to an increase in the burden on the state budget due to the need to pay pensions on other terms? It is also necessary to assess the legal consequences for persons who have acquired the right to a pension on the basis of this Agreement.<\/li>\n<li><strong>For business:<\/strong> This draft law does not directly affect business, but it may signal a general trend towards reviewing international agreements with the CIS countries, which may have consequences in other areas.<\/li>\n<li><strong>For citizens:<\/strong> For those citizens who worked in the prosecutor&#8217;s office in the CIS countries, withdrawal from the Agreement may affect their right to a pension. It is important to explain exactly how the procedure for calculating pensions will change after withdrawal from the Agreement. It is necessary to ensure that the rights of citizens are protected and that they do not lose their acquired pension rights.<\/li>\n<\/ul>\n<p><a href=\"https:\/\/itd.rada.gov.ua\/billInfo\/Bills\/Card\/57010\"><strong>Full text by link<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Analysis of the draft law: Analysis of the Draft Law on Withdrawal from the Agreement on the Prosecutor&#8217;s Office in the CIS Analysis of the Draft Law on Withdrawal from the Agreement on the Prosecutor&#8217;s Office in the CIS Essence of the draft: The draft law proposes Ukraine&#8217;s withdrawal from the Agreement on Mutual Recognition&hellip;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[56],"tags":[],"class_list":["post-10992","post","type-post","status-publish","format-standard","hentry","category-ukrainian-law-bills","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/10992","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=10992"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/10992\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=10992"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=10992"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=10992"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}