Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Appeal against dismissal of prosecutors
Illegal dismissal is a serious violation that requires a professional legal approach. Let’s consider the key aspects of challenging the dismissal of prosecutors and effective strategies for protecting their rights.
Grounds for dismissal of prosecutors
Before considering the appeals process, it is important to understand the legal grounds for dismissal. According to the Law of Ukraine “On the Prosecutor’s Office”, a prosecutor may be dismissed in case of:
- Impossibility to perform one’s powers due to the state of health
- Violation of incompatibility requirements
- Entry into legal force of a court decision on bringing a prosecutor to administrative responsibility for a corruption offense
- Entry into legal force of the court’s indictment against the prosecutor
- Termination of Ukrainian citizenship or acquisition of citizenship of another state
- Submitting an application for voluntary resignation
- Impossibility of transfer to another position or refusal of such transfer in connection with the reorganization or liquidation of the prosecutor’s office
Signs of illegal dismissal

Dismissal may be considered illegal if:
- Dismissal procedure not followed
- There are no legal grounds for dismissal
- The labor rights of the prosecutor have been violated
- There has been discrimination or harassment for professional activities
Algorithm of actions in case of dismissal appeal
- Analysis of the situation: Carefully study the dismissal order and all accompanying documents.
- Collect evidence: collect all documents that can prove the illegality of the dismissal (service notes, characteristics, awards, etc.).
- Appeal to management: write a reasoned complaint to the manager who made the decision to dismiss.
- Appeal to the Qualification and Disciplinary Commission of Prosecutors: file a complaint with the KDKP if the dismissal is related to disciplinary proceedings.
- Preparation of a statement of claim: in case of refusal to satisfy the complaint, prepare a claim to the administrative court.
- Judicial appeal: file a lawsuit in the administrative court at the location of the defendant (prosecutor’s office).
Peculiarities of the judicial review of appeals against dismissal of prosecutors
When considering such cases, the courts pay attention to:
- Compliance with the dismissal procedure
- Availability of legal grounds for dismissal
- Proportionality of the penalty applied (in case of disciplinary proceedings)
- Compliance with the statute of limitations for disciplinary action
- The validity of the conclusions about the lack of suitability of the prosecutor for the position held
Possible appeal results
In the event that dismissal is recognized as illegal, the court may make a decision on:
- Reinstatement
- Collection of average earnings during forced absenteeism
- Compensation for moral damage
Terms of appeal
It is important to remember the deadlines for applying to the court:
- The general term is 6 months from the day when the person learned or should have learned about the violation of his rights
- In dismissal cases – 1 month from the date of delivery of a copy of the dismissal order
Calculate the cost of a lawyer’s assistance
Legal support regarding appeals against dismissal of prosecutors
Challenging the illegal dismissal of a prosecutor is a difficult process that requires in-depth knowledge of labor and administrative law, as well as the specifics of the activities of the prosecutor’s office. Professional legal support significantly increases the chances of a successful resolution of the case.
JK “Prikhodko and Partners” has specialists with appropriate qualifications. We are ready to provide you with:
- Comprehensive analysis of the situation and prospects of the case
- Preparation of all necessary documents
- Representation of your interests in the KDKP and the court
- Development of an individual protection strategy
Don’t let your rights be violated! Contact us for professional legal help and we will do our best to restore justice. To make an appointment for a consultation, fill out the contact form below.
Calculate the cost of services
1 question
Did you receive a written notice of termination?
2 question
Has it been less than a month since you were fired?
3 question
Have you tried to appeal the dismissal through the Qualification and Disciplinary Commission of Prosecutors?
In which regions of Ukraine do you work?
With its head office in Kyiv, the law firm “Prykhodko and Partners” successfully operates online throughout Ukraine.
What areas of law does your company work in?
The company “Prikhodko and Partners” unites more than 50 highly qualified specialists, which allows us to effectively solve almost any legal problems and provide comprehensive support in various areas of law.
You may also need:
call back
during the day
Compensation for moral, material damage
Protection of honour, dignity, and business reputationContract Development for Business and Legal Entities
Licensing of business activities
Compensation for moral, material damage
Legal services in the field of cryptocurrency and blockchain
REGISTRATION OF COMPANIES AND OPENING OF BANK ACCOUNTS
Sale and purchase of ready-made firms
Grants and attracting investment
Business registration and support in Great Britain
Business registration and support in Switzerland
Business registration and support in the EU
Business Registration and Support in the Gulf Countries (GCC)
Business registration and support in Turkey
Business registration and support in USA
Lawyer for administrative cases
Legal services for medical businesses and doctors
Protection of honour, dignity, and business reputation
Real estate transaction support
Escort of the tender participant
Trial lawyer: support and defense in court
European Court of Human Rights (ECHR)