SlideShare a Scribd company logo
1 of 12
Download to read offline
ä ð å www.pravo.org.ua
www.pravo.org.ua
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state re-
forms, in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticor-
ruption, etc. The goal of the publication is to increase the level of expert awareness among the citizens and to strengthen their
capacity to influence the government authorities in order to expedite democratic reforms and to establish good governance
in Ukraine.
No. 21/2019 (September 2019)NEWSLETTER
Newsletter was produced with the financial support of the European Union.
Its contents are the sole responsibility of the CPLR and do not necessarily
reflect the views of the European Union.
CONSTITUTiON
•	Constitutional changes of the new authorities
•	Parliamentary constitutional seminar took place
EFFECTIVE GOVERNMENT
•	Beginning of the new Government
FRIENDLY ADMINISTRATION
•	Draft law No.1067 on deregulation threatens the
administrative reform achievements
FAIR TRIAL
•	The CPLR experts analyzed the presidential draft law
on reforming judicial governance bodies
•	Judicial governance: the experience of Ukraine, Geor-
gia and Moldova
•	Personnel changes in the HCJ
ANTIcorruption
•	The Verkhovna Rada is considering presidential legisla-
tive initiatives
•	The CPLR experts prepared reports on criminal
statistics in Ukraine and on judicial practice in cases
of administrative offenses related to corruption
PUBLICATIONS
•	Report on the Results of the Analysis of the Prob-
lem of Parliamentary Immunity in Ukraine
•	Instruments for Strengthening Confidence in the
Courts in Ukraine
•	20 deliverables of Eastern Partnership for 2020:
Ukraine’s progress with the judiciary
•	Consolidated judicial practice on administrative
offenses related to corruption (Articles 172-4–172-9
of the Code of Ukraine on Administrative Offences)
•	Report on Criminal Statistics in Ukraine
•	Assessment of Corruption Risks and Anti-corrup-
tion Programs in Executive Bodies: Current Status
and Activities of the National Agency for the Pre-
vention of Corruption in this area
ANNOUNCEMENTS
www.pravo.org.ua
№20 NEWSLETTER
CONSTITUTiON
Constitutional changes
of the new authorities
On August 29, 2019, the first working day of the new
Parliament, the President of Ukraine initiated 8 separate
draft laws on amending the Constitution of Ukraine, which
can be divided into three blocks. As early as September
3, 2019, the Verkhovna Rada approved one of them and
amended the Constitution as regards the constitutio­
nal determination of parliamentary immunity. As a result,
starting from January 1, 2020, people’s deputies will not
have parliamentary immunity in Ukraine (373 people’s
deputies of Ukraine voted in favor of this decision).
I. Weakening of parliamentarism by disrupting the sta-
tus of the People’s Deputy of Ukraine and broadening
the powers of the President
1. Draft Law No. 7203 “On Amending Article 80 of the
Constitution of Ukraine (on the parliamentary immunity)”.
Detailed analytics.
2. Draft Law No. 1014 “On Amending Article 106 of
the Constitution of Ukraine (on establishing the powers of
the President of Ukraine to create independent regulatory
bodies, the National Anti-Corruption Bureau of Ukraine,
appoint and dismiss the Director of the National Anti-Cor­
ruption Bureau of Ukraine and the Director of the State
Bureau of Investigation)”. Detailed analytics.
3. Draft Law No. 1017 “On Amending Articles 76 and
77 of the Constitution of Ukraine (on the reduction of
the constitutional composition of the Verkhovna Rada of
Ukraine and consolidation of the proportional electoral
system) ”. Detailed analytics.
4. Draft Law No. 1027 “On Amending Article 81 of the
Constitution of Ukraine (on additional grounds for ear­
ly termination of the powers of the People’s Deputy of
Ukraine”. Detailed analytics.
Given the tendency of authorities for authoritarianism
and the extension of the President’s powers as a result of
implementing unconstitutional norms in Ukraine, the expert
environment recommends balancing the branches of power
by strengthening parliamentarism and clear delineation of
­executive powers between the President and the Government.
Instead, the proposed changes are aimed at weake­
ning parliamentarism through the status of a people’s dep­
uty. Liquidation of the institute of parliamentary immunity
can lead to a disturbance of the balance of branches of
power, as the mechanism of checks and balances, which
protects the legislative power against the encroachments
of the executive power, disappears.
It is proposed to establish a number of new bodies
appointed by the President – “independent regulators that
carry out state regulation, monitoring and control over the
activity of economic entities in specific areas.” First, such a
broad definition of bodies that the President can create is
contrary to constitutional theory. Second, it may actually
allow for the formation of presidential control over eco­
nomic activities that bears the threat of excessive interfer­
ence of the state with economic activity.
Given the absence of an independent judicial system in
Ukraine, the introduction of additional grounds for losing
the mandate of the People’s Deputy of Ukraine poses risks
of pressure on parliamentarians, as well as mechanisms of
“reprisal” against the opposition people’s deputies.
II. Abolition of the lawyer’s monopoly
Draft Law No. 1013 “On Amending the Constitution
of Ukraine (on the abolition of the lawyer’s monopoly)”
­Detailed analytics.
The draft law proposes to abolish general lawyer’s
monopoly, which was introduced in 2016 in the frame­
work of the constitutional reform of the judicial sys­
tem, and to retain the lawyer’s monopoly solely for the­
protection of individuals against criminal charges.
Introduction of the monopoly was motivated by the need
to increase the level of court representation services through
the establishment of certain requirements for access to the
legal profession, the professional level and the availability of
preventive mechanisms against malpractice by lawyers.
As a result of the 2016 year changes, the cost of court
www.pravo.org.ua
№20NEWSLETTER
representation services has predictably increased. It seems
that this very circumstance was a prerequisite for intro­
ducing such a draft amendment to the Constitution of
Ukraine by the President of Ukraine.
Experts of the CPLR did not support the introduction
of a lawyer’s monopoly during the judicial reform in 2016
due to the anticipated problems of providing legal assis­
tance to a person due to the increase in the cost of lawyer
services, and the lack of lawyers in rural areas.
III. Contentless and declarative.
1. Draft Law No. 1016 on Amending Articles 85 and 101
of the Constitution of Ukraine (on the Commissioners of
the Verkhovna Rada of Ukraine). Detailed analytics.
2. Draft Law No. 1028 on Amending Article 85 of the
Constitution of Ukraine (on the advisory, consultative and
other supplementary bodies of the Verkhovna Rada of
Ukraine. Detailed analytics.
3. Draft Law No. 1015 on Amending Article 93 of the
Constitution of Ukraine (on the Legislative Initiative of the
People). Detailed analytics.
The proposed changes from this block do not intro­
duce any new rules of regulation, but are merely declara­
tive. For example, the constitutional and legal status of
the Commissioners of the Verkhovna Rada of Ukraine for
compliance with the Constitution of Ukraine and laws in
certain areas is enshrined without any powers being as­
signed to them and without determining the procedure for
interaction of the Commissioner for Human Rights with the
“new” Commissioners.
Consolidation in the Constitution of the Parliament’s
right to create advisory, consultative and other supple­
mentary bodies of the Verkhovna Rada of Ukraine within
the limits of the funds provided in the State Budget of
Ukraine for exercising its powers is senseless. The Par­
liament previously created bodies corresponding to the
characteristics of “advisory, consultative and other supple­
mentary bodies” and they still exist today.
In addition, it is meaningless to delegate the right of
legislative initiative to the people of Ukraine without the
possibility of exercising it due to the lack of a certain pro­
cedure for the participation of the “people” in the legisla­
tive initiative and without detailing the legal status of such
an unclear actor as the people of Ukraine.
Parliamentary constitutional seminar
took place
On September 23, 2019, the Centre of Policy and Legal
Reform, in cooperation with the USAID RADA Program,
the Venice Commission and the International Institute for
Democracy and Electoral Assistance (International IDEA),
held a Parliamentary Constitutional Seminar and first pub­
licly discussed the constitutional initiatives of the Presi­
dent Volodymyr Zelensky.
The first parliamentary constitutional seminar of the
planned series was dedicated to the procedure of amen­
ding the Constitution and the Presidential draft laws
already submitted to the Verkhovna Rada of Ukraine.
Repre­sentatives of all parliamentary factions, Ukrainian and
international experts as well as professional organizations
were invited to the dialogue.
Head of the CPLR Board Ihor Koliushko and the CPLR
Board Member Julia Kyrychenko also attended the event.
The next constitutional seminar will be devoted to ear­
ly termination of powers of the People’s Deputy of Ukraine
and will be held on October 16, 2019.
Head of the Board Ihor Koliushko emphasized:
“Constitutional changes should be based
on a comprehensive vision of constitutional
reform; the society must first see the concept
of constitutional changes. Amending the
Constitution by seven separate draft laws
introduced at the same time is a mistake.”
www.pravo.org.ua
№20 NEWSLETTER
The main changes of the Law on the Restart of Execu­
tive Power relate to the civil service institution: the pro­
cedure for admission to civil service and dismissal, disci­
plinary liability of civil servants, protection of their rights,
remuneration, list of powers of the National Agency for
Civil Service, the activities of the Commission on Senior
Civil Service Corps. Introduction of a civil service contract
is the innovation of the Law.
The CPLR experts support the approach of creating
by the new Government of a number of ministries that will
allow the implementation of its Program of Activities. Fo­
reign experience shows that different countries may have
different number of ministries. The main thing is that all
areas of public policy are within the sphere of influence of
the Government. However, consolidation of a large number
Beginning of the new Government
Prior to the formation of the new Government, 19
ministries were operating in Ukraine. Now they are 15.
The new composition of the Government and the whole
system of executive authorities will work in the conditions
of amendments made to the laws “On Civil Service”, “On
the Cabi­net of Ministers of Ukraine”, “On Central Executive
Authorities”.
The Ministry of Regional Development, Construction,
Housing and Communal Services has been renamed into
the Ministry of Development of Communities and Territo­
ries of Ukraine; the Ministry of Economic Development and
Trade – into the Ministry of Economic Development, Trade
and Agriculture of Ukraine (it was merged with the reor­
ganized Ministry of Agrarian Policy and Food); the Ministry
of Ecology and Natural Resources has changed into Mi­
nistry of Energy and Environmental Protection of Ukraine
(in was merged with reorganized Ministry of Energy and
Coal Industry); the Ministry of Veterans’ Affairs – into the
Ministry of Veterans’ Affairs, Temporarily Occupied Terri­
tories and Internally Displaced Persons of Ukraine (it was
merged with the reorganized Ministry of Temporarily Oc­
cupied Territories and Internally Displaced Persons).
The Ministry of Culture and the Ministry of Youth and
Sports were liquidated; the Ministry of Information Poli­
cy was reorganized; instead, the Ministry of Culture, Youth
and Sports was established. The Ministry of Digital Trans­
formation of Ukraine was established by reorganizing the
State Agency for Electronic Governance.
On August 29, a new Government headed by the Prime Minister Oleksii Goncha­
ruk was formed. In this context, the list of ministries has been modified. On September 19, the Verkhovna Rada of
Ukraine adopted the Law “On Amending Certain Laws of Ukraine on Restart of the Executive Power”, which substan­
tially amended the Law on Civil Service. Guided by these amendments, the Government launched a massive staff
clean-up in the management of the central executive authorities. In addition, in September, the Government was
working on its Program of activities.
The new Cabinet of Ministers of Ukraine has been appointed
by the Parliament on August 29, 2019. Photo: CMU.
EFFECTIVE GOVERNMENT
SUMMARY OF THE MONTH
www.pravo.org.ua
№20NEWSLETTER
of areas in one ministry can reduce the effectiveness of its
performance in each area.
The need to amend the Civil Service Law arose fol­
lowing the generalization of the three-year practice of
its application. For more than a year, the NACS Working
Group has been working on the relevant draft law. Some of
these proposals are currently reflected in the Civil Service
Law. For example, the approach to remuneration of civil
servants has been changed. Although the wording of this
article is not perfect, its approach will help to improve the
legal regulation of the issue.
However, the Civil Service Law also includes amend­
ments that were not previously discussed in the expert en­
vironment and relate to changes in the political leadership
of the state. This applies, for example, to the institution of
the civil service contract and the additional grounds for
termination of the civil service of individual civil servants
upon the initiative of the subject of appointment.
The subject of appointment may decide to dismiss a
Category A civil servant (Senior Civil Service Corps) on
its own initiative, upon the submission of the Prime Mini­
ster or the relevant Minister or Head of the CEB within
four months of the appointment of the Prime Minister of
Ukraine or the relevant Minister or head of the CEB, with
the simultaneous removal of such a civil servant from the
staff list of the relevant executive authority.
In our opinion, this violates the principles of the civil
service stability, the independence of the personal com­
position of the civil service from changes in the political
leadership of the state, nullifies those progressive achieve­
ments that have already taken place in the civil service in
the last 3 years. The statement on the “removal of a civil
servant from the staff list of the relevant executive autho­
rity” also raises questions.
In accordance with these changes to the Civil Service
Law, the CEB executives appointed on the basis of the
competitive selection, have been dismissed. For example,
such a dismissal has been applied to the Head of the State
Architecture and Construction Inspectorate of Ukraine
Sergii Kuzmin and the Head of the State Service of Geolo­
gy and Subsoil Resources of Ukraine Oleg Kyrylyuk.
In addition, State Secretaries of the ministries may
be dismissed in accordance with legislative changes. For
exam­ple, Oleksii Perevezentsv has already been dismissed
from his post as the State Secretary of the Ministry of Eco­
nomic Development and Trade of Ukraine. This contradicts
the main purpose of the State Secretary’s institution – to
preserve the institutional memory of the ministry, to assist
the newly appointed minister to get acquainted with all
issues of the ministry’s work, to organize the professional
work of the ministry’s apparatus.
Meeting of the new Government chaired by Prime Minister
Oleksii Goncharuk. Photo: CMU.
www.pravo.org.ua
№20 NEWSLETTER
citizens. Norms that carry such risks, on the contrary, con­
tradict the process of deregulation. That is why the Law
“On Administrative Services” stipulated that their titles
and grounds for receiving should be determined by laws.
2. Provision of the draft law on the definition of the en­
tities providing administrative services and their authority
to provide such services by the Government at a seconda­
ry level is contrary to the Constitution of Ukraine. Thus,
according to paragraph 2 of Article 6 of the Constitution,
legislative, executive and judicial authorities exercise their
powers within the limits established by this Constitution
and in accordance with the laws of Ukraine. Therefore, the
Government cannot by its by-laws delegate other powers
to other authorities. This provision of the draft law also
threatens to interfere with local self-government.
“Amendments to the Law on Administrative
Services proposed by the draft law No.1067 do
not guarantee deregulation. On the contrary,
they carry the risks of arbitrariness in practice,
as well as violation of the Constitution of
Ukraine, interference with the sphere of local
self-government. Ukrainian realities show that
determining the titles of administrative services,
identifying the entities providing them and
lists of documents for such services by by-laws
lead to an increase in the level of corruption
in this area, an increase in the number of
unnecessary “services” for the citizens and
profit-making on them. Therefore, this part of
the draft law needs to be rejected, or more
balanced solutions should be sought,” says the
CPLR expert Yevhen Shkolnyi.
Draft law No. 1067 on deregulation
threatens the administrative reform
achievements
The Verkhovna Rada of Ukraine has registered and
included in the agenda the draft law No. 1067 on accelera­
ting deregulation, which threatens the reform of the
system of providing administrative services.
On August 29, 2019, the people’s deputies from “Slu­
ha Narody” faction registered in the Verkhovna Rada of
Ukraine the draft law No.1067. As early as September 10,
it was included in the agenda. The draft law aims to pro­
mote deregulation, and therefore affects the area of ad­
ministrative services. That is why it provides for a number
of amendments to the Law of Ukraine “On Administrative
Services”. In particular, the title of administrative service
and the grounds for receiving it, the entity providing the
administrative service and its authority to provide the ad­
ministrative service, as well as the list and requirements for
documents necessary for obtaining the administrative ser­
vice shall be determined not by the law, but by the Cabinet
of Ministers of Ukraine, that is, at the level of government
by-laws. This threatens the reform of the administrative
services system, which is one of the most successful in
Ukraine.
The CPLR believes that the proposed changes are un­
acceptable for the following reasons:
1. Determining the title of an administrative service and
the grounds for receiving it at the level of by-laws car­
ries the risk of groundless splitting of one administrative
service into several separate ones by the Government. In
Ukraine, the practice of approving so-called “lists of ser­
vices” by by-laws has already existed and was aimed at
increasing the number of services and earning money from
FRIENDLY
ADMINISTRATION
The Verkhovna Rada of Ukraine has registered and included in the agenda the draft
law No. 1067 on accelerating deregulation, which can negate a number of achievements of the administrative
services system reform
SUMMARY OF THE MONTH
www.pravo.org.ua
№20NEWSLETTER
3. Definition of the list and the requirements for the
documents necessary for obtaining administrative services
by the by-laws of the Cabinet of Ministers is the most nega­-
tive aspect of this draft law. On the one hand, this me­
chanism can be used for deregulation. On the other hand,
it can also damage deregulation and cause additional bu­
reaucracy for citizens and businesses. Regardless of the
intentions of the incumbent Government, it is important to
keep in mind that governments will change. However, the
regulation does not have the proper level of transparency
and stability, as well as the consideration of the interests
of citizens. It is true that today some lists of documents for
obtaining even basic (most popular) administrative servi­
ces (for example, for passport) are defined by the by-laws.
This often results in citizens being asked for additional
documents that are not provided for anywhere. Some­
times the lists of documents for receiving administrative
services are determined by several by-laws. Citizens have
difficulties finding them and getting acquainted with their
contents. Moreover, they can even contradict each other. In
addition, the by-laws can be quickly and non-transparently
supplemented with new requirements and documents for
obtaining administrative services. Therefore, citizens will
have minimal protection against the risk of arbitrariness.
www.pravo.org.ua
№20 NEWSLETTER
which also discredited itself by acting in the interests of
dishonest judges and political forces, while expanding its
powers, including with respect to the new HQCJ;
•	 difficulty for the agents of change to become
members of the Commission because of the requirements
that only representatives of the system to be reformed can
enter this body;
•	 deliberate inefficiency of the Commission on In­
tegrity and Ethics;
•	 too short timeframe for disciplinary proceedings,
which allows judges to avoid liability;
•	 reduction of the Supreme Court in the absence of
predefined criteria can be used for political purposes to
get rid of disloyal judges.
Judicial governance: the experience
of Ukraine, Georgia and Moldova
On September 13, the CPLR in cooperation with the
DEJURE Foundation in Odessa held a conference on Ju­
dicial Governance in the Eastern Partnership Countries:
Ukraine, Georgia, Moldova. Representatives of the judicial
governance bodies, judges, Ukrainian and international ex­
perts attended the event.
Participants focused on discussing judicial reforms
in Ukraine, Georgia and Moldova in line with the Eastern
Partnership goals by 2020, and highlighted the changes
According to the CPLR expert Roman Kuybi-
da, “the draft law needs thorough revision,
otherwise it poses serious threats to strength-
en the political dependence of judges and
the manageability of judicial corps.”
The CPLR experts analyzed the presi-
dential draft law on reforming judicial
governance bodies
On September 12, the Verkhovna Rada of Ukraine
approved in the first reading the draft law No.1008 “On
Amending Certain Laws of Ukraine Regarding the Activity
of Judicial Governance Bodies”, which provides for:
•	 dissolution of the existing High Qualifications
Commission of Judges and the formation of a new com­
position based on a new principle;
•	 reducing the number of the Commission members
from 16 to 12;
•	 establishment of the Commission on Integrity and
Ethics, which will monitor the integrity of the members of
the High Council of Justice and the HQCJ and may initiate
their dismissal;
•	 shortening the timeframe for disciplinary procee­
dings (to 30 days from the date of receipt of the
complaint) and giving the right to initiate proceedings to
members of the HCJ and the Commission on Integrity and
Ethics;
•	 reducing the number of the Supreme Court jud­
ges – from a maximum of 200 to 100 judges;
•	 reducing the remuneration for the members of the
High Council of Justice, the HQCJ, and the judges of the
Supreme Court;
•	 lustration of the heads of the HQCJ and the State
Judicial Administration of Ukraine.
The CPLR experts drafted an Opinion to the draft law
and supported the re-launch of the HQCJ with the involve­
ment of international experts. However, they pointed to
numerous shortcomings of the draft law, including:
•	 maintaining the existing composition of the HCJ,
FAIR TRIAL
The CPLR experts have identified serious deficiencies in the presidential draft law on
judicial governance reform. Staff changes have occurred at the High Council of Justice.
SUMMARY OF THE MONTH
www.pravo.org.ua
№20NEWSLETTER
proposed in the draft law No.1008 “On Amending Certain
Laws of Ukraine on the Activity of Judicial Governance
Bodies”.
At the conference the experts also presented two
studies: ”20 Deliverables of Eastern Partnership by 2020:
Ukraine’s Progress in Justice”, which, in addition to ana­
lyzing the current state of implementation of the goals,
provided recommendations for their achievement, and
”Judicial (In)Dependence: Judicial Governance Lessons
for the Eastern Partnership Countries”, which analyzed the
results of the activities of the judicial governance bodies in
Moldova, Georgia and Ukraine and provided recommenda­
tions on the composition of the judicial governance bodies
in these countries.
The event was supported by the European Union and
the International Renaissance Foundation as part of the
grant component of the Civil Synergy project, sponsored
by the Ukrainian National Platform of the Eastern Partner­
ship Civil Society Forum.
Personnel changes in the HCJ
On September 24, the High Council of Justice termi­
nated the authority of the Chairman of the HCJ, V. Govo­
rukha, on the basis of his application and elected a new
chairman, A. Ovsiyenko. As reported, the journalists re­
corded the visit of A. Ovsiyenko and V. Govorukha to the
Office of the President of Ukraine on the eve of considera­
tion by the HCJ of the issues concerning the removal of
judges, who, according to the investigation, tried to inter­
fere with the conduct of the qualification assessment.
On September 30, the President using his quota nomi­
nated O. Blazhivska as the HCJ member; she was one of
the two winners of the competition, to which the public
organizations expressed comments. In particular, it was
revealed that O. Blazhivska was appointed judge immedi­
ately after her father’s appointment as Deputy Prosecutor
General of Ukraine, although before that she worked as an
assistant notary. There have also been numerous questions
raised by the public about the property of the judge and
her family members.
Although the selection committee recommended six
candidates for two vacant positions of the HCJ members,
the President has not yet appointed another HCJ member.
Attempts to enhance the role of the HCJ in the judicial
system, the appointment by the President to the Council
of a person to whom the public has expressed comments,
and the replacement of the HCJ Chairman with a person
who has been seen in having connections with the Office
of the President, may indicate an attempt to strengthen
political control over the activities of this judicial governa­
nce body.
www.pravo.org.ua
№20 NEWSLETTER
The Verkhovna Rada is considering
presidential legislative initiatives
People’s Deputies are considering the draft laws sub­
mitted by President Zelensky to address problems in the
area of preventing and combating corruption.
At the end of August, several draft laws on anti-cor­
ruption policy were submitted to the Verkhovna Rada,
including initiatives on the clarification of the jurisdiction
of the High Anti-Corruption Court, rebooting the Natio­
nal Anti-Corruption Agency, protection of the exposers of
corruption, renewal of criminal responsibility for unlawful
enrichment and introduction of civil confiscation of unjus­
tified assets of public servants, etc. The first of these draft
laws, which concerned the jurisdiction of the High Anti­
Corruption Court, had already been passed and entered
into force, eliminating the risk of excessive burden on the
newly created court. In the beginning of October, the law
on the relaunch of the NACP was approved. The third draft
law has been approved in the first reading and is being
prepared for the second reading in the Verkhovna Rada
Committee on Anti-Corruption Policy.
As regards the proposed legislative initiatives,
the CPLR experts in their conclusions provided as­
sessment and recommendations in relation to most
of them, in particular on how these draft laws could
be improved before the second reading to avoid po­
tential problems in implementing the new legislative
provisions.
The CPLR experts prepared reports
on criminal statistics in Ukraine and
on judicial practice in cases of ad-
ministrative offenses related to cor-
ruption
In September, experts from the Centre of Policy
and Legal Reform finalized a report on criminal
statistics in Ukraine, which was developed using
a special methodology. The report analyzes the
international statistical standards of the UN and the
EU, the current practice of collecting and releasing
relevant statistics, formulating conclusions and
provi­ding recommendations on how the criminal
statistics system in Ukraine can be improved. The
report can be viewed on the CPLR website via the
link.
In addition, this month, a summarized report on
the judicial practice in cases of administrative offen­
ses related to corruption was completed. It analyzes
a significant number of court decisions in relevant
administrative offenses cases, identifies major chal­
lenges in ensuring the inevitability of punishment
for such offenses, and provides suggestions for the
elimination of these problems. This report has also
been published on the CPLR website via the link.
ANTIcorruption
The High Anti-Corruption Court commenced its work on September 5, and it is
currently conducting trial in the first criminal proceedings. This court is expected to impartially and objectively
administer justice in corruption and corruption-related cases.
SUMMARY OF THE MONTH
www.pravo.org.ua
№20NEWSLETTER
Instruments for
Strengthening
Confidence in the
Courts in Ukraine
Roman Kuybida,
Maksym Sereda,
Mykhailo Zhernakov.
Consolidated
judicial practice on
administrative offenses
related to corruption
(Articles 172-4–172-9
of the Code of Ukraine
on Administrative
Offences)
Oleksandr Dudorov
Assessment of Corruption Risks and
Anti-corruption Programs in Executive
Bodies: Current Status and Activities of
the National Agency for the Prevention
of Corruption in this area
Anton Marchuk
Report on the Results
of the Analysis
of the Problem
of Parliamentary
Immunity in Ukraine
Kostiantyn Zadoya,
Mykola Khavroniuk
20 deliverables of
Eastern Partnership
for 2020: Ukraine’s
progress with the
judiciary
Report on Criminal
Statistics in Ukraine
Mykola Khavroniuk,
Ruslan Shekhavtsov
ЗВІТ
ЗА РЕЗУЛЬТАТАМИ АНАЛІЗУ
ПРОБЛЕМИ НЕДОТОРКАННОСТІ
НАРОДНИХ ДЕПУТАТІВ УКРАЇНИ
Автор: Костянтин Задоя,
кандидат юридичних наук, доцент
Редактор: Микола Хавронюк,
доктор юридичних наук, професор
КИЇВ – 2019
1
20 DELIVERABLES
OF EASTERN PARTNERSHIP
FOR 2020
UKRAINE’S PROGRESS WITH THE JUDICIARY
SEPTEMBER 2019
ЗВІТ
щодо кримінальної статистики
в Україні
Київ - 2019
INSTRUMENTS FOR STRENGTHENING
CONFIDENCE IN THE COURTS IN
UKRAINE
AUTHORS:
Roman Kuibida, Centre for Policy and Legal Reform
Mykhailo Zhernakov, DEJURE Foundation
Maksym Sereda, Centre for Policy and Legal Reform
Peer-review by Lino Brosius, Center for International Legal
Cooperation (the Netherlands)
POLICY PAPER
DATE:
September 26, 2019
Supported by a grant from the Foundation Open Society Institute in cooperation with
the OSIFE of the Open Society Foundation.
Узагальнення судової практики
у справах про адміністративні
правопорушення, пов’язані з корупцією
(статті 172-4 172-9 КУпАП)
Підготував:
д. ю. н., проф. Дудоров О. О.
Київ – 2019
PUBLICATIONS
All publications in electronic format can
be downloaded at the website of the Centre
of Policy and Legal Refom:
http://pravo.org.ua/ua/about/books/
www.pravo.org.ua
№20 NEWSLETTER
Parliamentary Constitutional Seminar
(16 October, Kyiv)
Discussion of the models of future
administrative-territorial structure
of sub-regional level of regions of Ukraine
(dates to be specified, Lutsk, Rivne,
Severodonetsk, Sumy, Chernihiv)
ANNOUNCEMENTS
e-mail:	 centre@pravo.org.ua
phone:	 +38 044 278 03 17
	 +38 044 278 03 72
fax:	 +38 044 278 16 55
Kyiv, Ukraine, 4 Khreshchatyk St., of. 13 Postal code: 01001
www.facebook.com/pravo.org.ua/
www.pravo.org.ua

More Related Content

What's hot

Report CPLR 2020
Report CPLR 2020Report CPLR 2020
Report CPLR 2020IvanHolod1
 
Imf government of ukraine report on diagnostic study of governance issues ...
Imf   government of ukraine report on diagnostic study  of governance issues ...Imf   government of ukraine report on diagnostic study  of governance issues ...
Imf government of ukraine report on diagnostic study of governance issues ...Andrew Gelston
 
Monitoring Report on implementation of the Law “On Amending Certain Legislati...
Monitoring Report on implementation of the Law “On Amending Certain Legislati...Monitoring Report on implementation of the Law “On Amending Certain Legislati...
Monitoring Report on implementation of the Law “On Amending Certain Legislati...Centre of Policy and Legal Reform
 
Decentralization newsletter june
Decentralization newsletter juneDecentralization newsletter june
Decentralization newsletter juneOleksandr Virnyk
 
Decentralization newsletter may
Decentralization newsletter mayDecentralization newsletter may
Decentralization newsletter mayOleksandr Virnyk
 
Legal reforms in Ukraine: Materials of the Centre for Political and Legal Ref...
Legal reforms in Ukraine: Materials of the Centre for Political and Legal Ref...Legal reforms in Ukraine: Materials of the Centre for Political and Legal Ref...
Legal reforms in Ukraine: Materials of the Centre for Political and Legal Ref...Centre of Policy and Legal Reform
 
Human rights violations it the LNR/DNR
Human rights violations it the LNR/DNRHuman rights violations it the LNR/DNR
Human rights violations it the LNR/DNRDonbassFullAccess
 
Statement by Attorney General Githu Muigai
Statement by Attorney General Githu Muigai Statement by Attorney General Githu Muigai
Statement by Attorney General Githu Muigai The Star Newspaper
 
Concepts of bodies of executive power and their classification
Concepts of bodies of executive power and their classificationConcepts of bodies of executive power and their classification
Concepts of bodies of executive power and their classificationKyiv National Economic University
 
List of Recommendations for the Conference “The Role of the Parliament, the H...
List of Recommendations for the Conference “The Role of the Parliament, the H...List of Recommendations for the Conference “The Role of the Parliament, the H...
List of Recommendations for the Conference “The Role of the Parliament, the H...radaprogram
 

What's hot (20)

Activity report of the CPLR 2019
Activity report of the CPLR 2019Activity report of the CPLR 2019
Activity report of the CPLR 2019
 
Report CPLR 2020
Report CPLR 2020Report CPLR 2020
Report CPLR 2020
 
Activity report for 2016
Activity report for 2016Activity report for 2016
Activity report for 2016
 
M. Bryzytskyi
M. BryzytskyiM. Bryzytskyi
M. Bryzytskyi
 
Imf government of ukraine report on diagnostic study of governance issues ...
Imf   government of ukraine report on diagnostic study  of governance issues ...Imf   government of ukraine report on diagnostic study  of governance issues ...
Imf government of ukraine report on diagnostic study of governance issues ...
 
CASE Network E-briefs 8.2007 - Reforming the Ukrainian State and Improving th...
CASE Network E-briefs 8.2007 - Reforming the Ukrainian State and Improving th...CASE Network E-briefs 8.2007 - Reforming the Ukrainian State and Improving th...
CASE Network E-briefs 8.2007 - Reforming the Ukrainian State and Improving th...
 
Monitoring Report on implementation of the Law “On Amending Certain Legislati...
Monitoring Report on implementation of the Law “On Amending Certain Legislati...Monitoring Report on implementation of the Law “On Amending Certain Legislati...
Monitoring Report on implementation of the Law “On Amending Certain Legislati...
 
Decentralization newsletter june
Decentralization newsletter juneDecentralization newsletter june
Decentralization newsletter june
 
Decentralization newsletter may
Decentralization newsletter mayDecentralization newsletter may
Decentralization newsletter may
 
Legal reforms in Ukraine: Materials of the Centre for Political and Legal Ref...
Legal reforms in Ukraine: Materials of the Centre for Political and Legal Ref...Legal reforms in Ukraine: Materials of the Centre for Political and Legal Ref...
Legal reforms in Ukraine: Materials of the Centre for Political and Legal Ref...
 
A newsletter of the CPLR No6 (March 2018)
A newsletter of the CPLR No6 (March 2018)A newsletter of the CPLR No6 (March 2018)
A newsletter of the CPLR No6 (March 2018)
 
Newsletter #14 (December)
Newsletter #14 (December)Newsletter #14 (December)
Newsletter #14 (December)
 
Human rights violations it the LNR/DNR
Human rights violations it the LNR/DNRHuman rights violations it the LNR/DNR
Human rights violations it the LNR/DNR
 
Statement by Attorney General Githu Muigai
Statement by Attorney General Githu Muigai Statement by Attorney General Githu Muigai
Statement by Attorney General Githu Muigai
 
Concepts of bodies of executive power and their classification
Concepts of bodies of executive power and their classificationConcepts of bodies of executive power and their classification
Concepts of bodies of executive power and their classification
 
Newsletter No17
Newsletter No17Newsletter No17
Newsletter No17
 
People's Assembly road map
People's Assembly road mapPeople's Assembly road map
People's Assembly road map
 
B2110614
B2110614B2110614
B2110614
 
List of Recommendations for the Conference “The Role of the Parliament, the H...
List of Recommendations for the Conference “The Role of the Parliament, the H...List of Recommendations for the Conference “The Role of the Parliament, the H...
List of Recommendations for the Conference “The Role of the Parliament, the H...
 
How To Fix Ukraine’s Broken Legal System
How To Fix Ukraine’s Broken Legal SystemHow To Fix Ukraine’s Broken Legal System
How To Fix Ukraine’s Broken Legal System
 

Similar to Newsletter #21 (September)

B. Malyshev. Legal regulation of the Police in the reform context (2016)
B. Malyshev. Legal regulation of the Police in the reform context (2016)B. Malyshev. Legal regulation of the Police in the reform context (2016)
B. Malyshev. Legal regulation of the Police in the reform context (2016)Eugene Krapyvin
 
Decentralization newsletter august
Decentralization newsletter augustDecentralization newsletter august
Decentralization newsletter augustOleksandr Virnyk
 
Decentralization newsletter December
Decentralization newsletter DecemberDecentralization newsletter December
Decentralization newsletter DecemberOleksandr Virnyk
 
Parliament under Conditions of War_Ukraine’s Example. An empirical report.pdf
Parliament under Conditions of War_Ukraine’s Example. An empirical report.pdfParliament under Conditions of War_Ukraine’s Example. An empirical report.pdf
Parliament under Conditions of War_Ukraine’s Example. An empirical report.pdfCentre of Policy and Legal Reform
 
Decentralisation in Ukraine_for Despro_english_29.03.2013
Decentralisation in Ukraine_for Despro_english_29.03.2013Decentralisation in Ukraine_for Despro_english_29.03.2013
Decentralisation in Ukraine_for Despro_english_29.03.2013Vira Nanivska
 
Decentralization newsletter march
Decentralization newsletter marchDecentralization newsletter march
Decentralization newsletter marchOleksandr Virnyk
 

Similar to Newsletter #21 (September) (20)

Newsletter #13 (November)
Newsletter #13 (November)Newsletter #13 (November)
Newsletter #13 (November)
 
2020 Global Review of Constitutional Law. Ukraine
2020 Global Review of Constitutional Law. Ukraine2020 Global Review of Constitutional Law. Ukraine
2020 Global Review of Constitutional Law. Ukraine
 
Newsletter #12 (October)
Newsletter #12 (October)Newsletter #12 (October)
Newsletter #12 (October)
 
Newsletter of the CPLR No8 (May 2018)
Newsletter of the CPLR No8 (May 2018)Newsletter of the CPLR No8 (May 2018)
Newsletter of the CPLR No8 (May 2018)
 
Newsletter No18 (May)
Newsletter No18 (May)Newsletter No18 (May)
Newsletter No18 (May)
 
NEWSLETTER №16 (March)
NEWSLETTER №16 (March)NEWSLETTER №16 (March)
NEWSLETTER №16 (March)
 
Newsletter of the CPLR No9 (June 2018)
Newsletter of the CPLR No9 (June 2018)Newsletter of the CPLR No9 (June 2018)
Newsletter of the CPLR No9 (June 2018)
 
Activity report 2020
Activity report 2020Activity report 2020
Activity report 2020
 
Newsletter of the CPLR No7 (April 2018)
Newsletter of the CPLR No7 (April 2018)Newsletter of the CPLR No7 (April 2018)
Newsletter of the CPLR No7 (April 2018)
 
Newsletter of the CPLR No 11 (September 2018)
Newsletter of the CPLR No 11 (September 2018)Newsletter of the CPLR No 11 (September 2018)
Newsletter of the CPLR No 11 (September 2018)
 
B. Malyshev. Legal regulation of the Police in the reform context (2016)
B. Malyshev. Legal regulation of the Police in the reform context (2016)B. Malyshev. Legal regulation of the Police in the reform context (2016)
B. Malyshev. Legal regulation of the Police in the reform context (2016)
 
Decentralization newsletter august
Decentralization newsletter augustDecentralization newsletter august
Decentralization newsletter august
 
Ukrainian Law Enforcement Reform Digest №13
Ukrainian Law Enforcement Reform Digest №13Ukrainian Law Enforcement Reform Digest №13
Ukrainian Law Enforcement Reform Digest №13
 
Default
DefaultDefault
Default
 
Decentralization newsletter December
Decentralization newsletter DecemberDecentralization newsletter December
Decentralization newsletter December
 
03 (2)
03 (2)03 (2)
03 (2)
 
Ukrainian Law Enforcement Reform Digest №14
Ukrainian Law Enforcement Reform Digest №14Ukrainian Law Enforcement Reform Digest №14
Ukrainian Law Enforcement Reform Digest №14
 
Parliament under Conditions of War_Ukraine’s Example. An empirical report.pdf
Parliament under Conditions of War_Ukraine’s Example. An empirical report.pdfParliament under Conditions of War_Ukraine’s Example. An empirical report.pdf
Parliament under Conditions of War_Ukraine’s Example. An empirical report.pdf
 
Decentralisation in Ukraine_for Despro_english_29.03.2013
Decentralisation in Ukraine_for Despro_english_29.03.2013Decentralisation in Ukraine_for Despro_english_29.03.2013
Decentralisation in Ukraine_for Despro_english_29.03.2013
 
Decentralization newsletter march
Decentralization newsletter marchDecentralization newsletter march
Decentralization newsletter march
 

More from Centre of Policy and Legal Reform

ANALYSIS OF COURT PRACTICE OF PROSECUTION FOR CORRUPTION AND CORRUPTION-RELAT...
ANALYSIS OF COURT PRACTICE OF PROSECUTION FOR CORRUPTION AND CORRUPTION-RELAT...ANALYSIS OF COURT PRACTICE OF PROSECUTION FOR CORRUPTION AND CORRUPTION-RELAT...
ANALYSIS OF COURT PRACTICE OF PROSECUTION FOR CORRUPTION AND CORRUPTION-RELAT...Centre of Policy and Legal Reform
 
Звіт Центру політико-правових реформ 2022.pdf
Звіт Центру політико-правових реформ 2022.pdfЗвіт Центру політико-правових реформ 2022.pdf
Звіт Центру політико-правових реформ 2022.pdfCentre of Policy and Legal Reform
 
How to upgrade EU benchmarking in Fundamentals: the case of judicial reform i...
How to upgrade EU benchmarking in Fundamentals: the case of judicial reform i...How to upgrade EU benchmarking in Fundamentals: the case of judicial reform i...
How to upgrade EU benchmarking in Fundamentals: the case of judicial reform i...Centre of Policy and Legal Reform
 
Звіт за результатами 4-х громадських обговорень. Розробка екомендацій (28.11...
Звіт за результатами 4-х громадських обговорень. Розробка екомендацій (28.11...Звіт за результатами 4-х громадських обговорень. Розробка екомендацій (28.11...
Звіт за результатами 4-х громадських обговорень. Розробка екомендацій (28.11...Centre of Policy and Legal Reform
 
Звіт за результатами 4-х громадських обговорень з визначення викликів (07.11....
Звіт за результатами 4-х громадських обговорень з визначення викликів (07.11....Звіт за результатами 4-х громадських обговорень з визначення викликів (07.11....
Звіт за результатами 4-х громадських обговорень з визначення викликів (07.11....Centre of Policy and Legal Reform
 
Парламент в умовах війни: приклад України. Емпіричний звіт.pdf
Парламент в умовах війни: приклад України. Емпіричний звіт.pdfПарламент в умовах війни: приклад України. Емпіричний звіт.pdf
Парламент в умовах війни: приклад України. Емпіричний звіт.pdfCentre of Policy and Legal Reform
 
WHITE PAPER ON DEPOLITICIZATION OF LAW ENFORCEMENT AGENCIES AND THE PROSECUTO...
WHITE PAPER ON DEPOLITICIZATION OF LAW ENFORCEMENT AGENCIES AND THE PROSECUTO...WHITE PAPER ON DEPOLITICIZATION OF LAW ENFORCEMENT AGENCIES AND THE PROSECUTO...
WHITE PAPER ON DEPOLITICIZATION OF LAW ENFORCEMENT AGENCIES AND THE PROSECUTO...Centre of Policy and Legal Reform
 
Біла_книга_органів_провопорядку.pdf
Біла_книга_органів_провопорядку.pdfБіла_книга_органів_провопорядку.pdf
Біла_книга_органів_провопорядку.pdfCentre of Policy and Legal Reform
 
Біла_книга_антиолігархічної_реформи.pdf
Біла_книга_антиолігархічної_реформи.pdfБіла_книга_антиолігархічної_реформи.pdf
Біла_книга_антиолігархічної_реформи.pdfCentre of Policy and Legal Reform
 
Ukraine’s Democratic Institutions During the War A Check-Up.pdf
Ukraine’s Democratic Institutions During the War A Check-Up.pdfUkraine’s Democratic Institutions During the War A Check-Up.pdf
Ukraine’s Democratic Institutions During the War A Check-Up.pdfCentre of Policy and Legal Reform
 
Огляд демократичних інститутів України під час війни.pdf
Огляд демократичних інститутів України під час війни.pdfОгляд демократичних інститутів України під час війни.pdf
Огляд демократичних інститутів України під час війни.pdfCentre of Policy and Legal Reform
 

More from Centre of Policy and Legal Reform (20)

White paper on the legislative process in Ukraine
White paper on the legislative process in UkraineWhite paper on the legislative process in Ukraine
White paper on the legislative process in Ukraine
 
ANALYSIS OF COURT PRACTICE OF PROSECUTION FOR CORRUPTION AND CORRUPTION-RELAT...
ANALYSIS OF COURT PRACTICE OF PROSECUTION FOR CORRUPTION AND CORRUPTION-RELAT...ANALYSIS OF COURT PRACTICE OF PROSECUTION FOR CORRUPTION AND CORRUPTION-RELAT...
ANALYSIS OF COURT PRACTICE OF PROSECUTION FOR CORRUPTION AND CORRUPTION-RELAT...
 
Report Centre of Policy and Legal Reform 2022.pdf
Report Centre of Policy and Legal Reform 2022.pdfReport Centre of Policy and Legal Reform 2022.pdf
Report Centre of Policy and Legal Reform 2022.pdf
 
Звіт Центру політико-правових реформ 2022.pdf
Звіт Центру політико-правових реформ 2022.pdfЗвіт Центру політико-правових реформ 2022.pdf
Звіт Центру політико-правових реформ 2022.pdf
 
How to upgrade EU benchmarking in Fundamentals: the case of judicial reform i...
How to upgrade EU benchmarking in Fundamentals: the case of judicial reform i...How to upgrade EU benchmarking in Fundamentals: the case of judicial reform i...
How to upgrade EU benchmarking in Fundamentals: the case of judicial reform i...
 
White Paper on Preparation and Conduct of Postwar Elections
White Paper on Preparation and Conduct of Postwar ElectionsWhite Paper on Preparation and Conduct of Postwar Elections
White Paper on Preparation and Conduct of Postwar Elections
 
Звіт за результатами 4-х громадських обговорень. Розробка екомендацій (28.11...
Звіт за результатами 4-х громадських обговорень. Розробка екомендацій (28.11...Звіт за результатами 4-х громадських обговорень. Розробка екомендацій (28.11...
Звіт за результатами 4-х громадських обговорень. Розробка екомендацій (28.11...
 
Звіт за результатами 4-х громадських обговорень з визначення викликів (07.11....
Звіт за результатами 4-х громадських обговорень з визначення викликів (07.11....Звіт за результатами 4-х громадських обговорень з визначення викликів (07.11....
Звіт за результатами 4-х громадських обговорень з визначення викликів (07.11....
 
Документ_SIGMA_#67.pdf
Документ_SIGMA_#67.pdfДокумент_SIGMA_#67.pdf
Документ_SIGMA_#67.pdf
 
Парламент в умовах війни: приклад України. Емпіричний звіт.pdf
Парламент в умовах війни: приклад України. Емпіричний звіт.pdfПарламент в умовах війни: приклад України. Емпіричний звіт.pdf
Парламент в умовах війни: приклад України. Емпіричний звіт.pdf
 
WHITE PAPER ON ANTI-OLIGARCH REFORM (extract).pdf
WHITE PAPER ON ANTI-OLIGARCH REFORM (extract).pdfWHITE PAPER ON ANTI-OLIGARCH REFORM (extract).pdf
WHITE PAPER ON ANTI-OLIGARCH REFORM (extract).pdf
 
WHITE PAPER ON DEPOLITICIZATION OF LAW ENFORCEMENT AGENCIES AND THE PROSECUTO...
WHITE PAPER ON DEPOLITICIZATION OF LAW ENFORCEMENT AGENCIES AND THE PROSECUTO...WHITE PAPER ON DEPOLITICIZATION OF LAW ENFORCEMENT AGENCIES AND THE PROSECUTO...
WHITE PAPER ON DEPOLITICIZATION OF LAW ENFORCEMENT AGENCIES AND THE PROSECUTO...
 
Біла_книга_органів_провопорядку.pdf
Біла_книга_органів_провопорядку.pdfБіла_книга_органів_провопорядку.pdf
Біла_книга_органів_провопорядку.pdf
 
Біла_книга_антиолігархічної_реформи.pdf
Біла_книга_антиолігархічної_реформи.pdfБіла_книга_антиолігархічної_реформи.pdf
Біла_книга_антиолігархічної_реформи.pdf
 
The White Paper on the Legislative Process
The White Paper on the Legislative Process The White Paper on the Legislative Process
The White Paper on the Legislative Process
 
Ukraine’s Democratic Institutions During the War A Check-Up.pdf
Ukraine’s Democratic Institutions During the War A Check-Up.pdfUkraine’s Democratic Institutions During the War A Check-Up.pdf
Ukraine’s Democratic Institutions During the War A Check-Up.pdf
 
Огляд демократичних інститутів України під час війни.pdf
Огляд демократичних інститутів України під час війни.pdfОгляд демократичних інститутів України під час війни.pdf
Огляд демократичних інститутів України під час війни.pdf
 
LAP Handbook_Print.pdf
LAP Handbook_Print.pdfLAP Handbook_Print.pdf
LAP Handbook_Print.pdf
 
Концепція_парламентаризму.docx
Концепція_парламентаризму.docxКонцепція_парламентаризму.docx
Концепція_парламентаризму.docx
 
Порадник для ВПО_ЦППР.pdf
Порадник для ВПО_ЦППР.pdfПорадник для ВПО_ЦППР.pdf
Порадник для ВПО_ЦППР.pdf
 

Recently uploaded

Andrea Hill Featured in Canadian Lawyer as SkyLaw Recognized as a Top Boutique
Andrea Hill Featured in Canadian Lawyer as SkyLaw Recognized as a Top BoutiqueAndrea Hill Featured in Canadian Lawyer as SkyLaw Recognized as a Top Boutique
Andrea Hill Featured in Canadian Lawyer as SkyLaw Recognized as a Top BoutiqueSkyLaw Professional Corporation
 
PPT- Voluntary Liquidation (Under section 59).pptx
PPT- Voluntary Liquidation (Under section 59).pptxPPT- Voluntary Liquidation (Under section 59).pptx
PPT- Voluntary Liquidation (Under section 59).pptxRRR Chambers
 
WhatsApp 📞 8448380779 ✅Call Girls In Nangli Wazidpur Sector 135 ( Noida)
WhatsApp 📞 8448380779 ✅Call Girls In Nangli Wazidpur Sector 135 ( Noida)WhatsApp 📞 8448380779 ✅Call Girls In Nangli Wazidpur Sector 135 ( Noida)
WhatsApp 📞 8448380779 ✅Call Girls In Nangli Wazidpur Sector 135 ( Noida)Delhi Call girls
 
Relationship Between International Law and Municipal Law MIR.pdf
Relationship Between International Law and Municipal Law MIR.pdfRelationship Between International Law and Municipal Law MIR.pdf
Relationship Between International Law and Municipal Law MIR.pdfKelechi48
 
The Active Management Value Ratio: The New Science of Benchmarking Investment...
The Active Management Value Ratio: The New Science of Benchmarking Investment...The Active Management Value Ratio: The New Science of Benchmarking Investment...
The Active Management Value Ratio: The New Science of Benchmarking Investment...James Watkins, III JD CFP®
 
INVOLUNTARY TRANSFERS Kenya school of law.pptx
INVOLUNTARY TRANSFERS Kenya school of law.pptxINVOLUNTARY TRANSFERS Kenya school of law.pptx
INVOLUNTARY TRANSFERS Kenya school of law.pptxnyabatejosphat1
 
Introduction to Corruption, definition, types, impact and conclusion
Introduction to Corruption, definition, types, impact and conclusionIntroduction to Corruption, definition, types, impact and conclusion
Introduction to Corruption, definition, types, impact and conclusionAnuragMishra811030
 
Negotiable Instruments Act 1881.UNDERSTAND THE LAW OF 1881
Negotiable Instruments Act 1881.UNDERSTAND THE LAW OF 1881Negotiable Instruments Act 1881.UNDERSTAND THE LAW OF 1881
Negotiable Instruments Act 1881.UNDERSTAND THE LAW OF 1881mayurchatre90
 
LITERAL RULE OF INTERPRETATION - PRIMARY RULE
LITERAL RULE OF INTERPRETATION - PRIMARY RULELITERAL RULE OF INTERPRETATION - PRIMARY RULE
LITERAL RULE OF INTERPRETATION - PRIMARY RULEsreeramsaipranitha
 
Appeal and Revision in Income Tax Act.pdf
Appeal and Revision in Income Tax Act.pdfAppeal and Revision in Income Tax Act.pdf
Appeal and Revision in Income Tax Act.pdfPoojaGadiya1
 
一比一原版利兹大学毕业证学位证书
一比一原版利兹大学毕业证学位证书一比一原版利兹大学毕业证学位证书
一比一原版利兹大学毕业证学位证书E LSS
 
IBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptx
IBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptxIBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptx
IBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptxRRR Chambers
 
Human Rights_FilippoLuciani diritti umani.pptx
Human Rights_FilippoLuciani diritti umani.pptxHuman Rights_FilippoLuciani diritti umani.pptx
Human Rights_FilippoLuciani diritti umani.pptxfilippoluciani9
 
How do cyber crime lawyers in Mumbai collaborate with law enforcement agencie...
How do cyber crime lawyers in Mumbai collaborate with law enforcement agencie...How do cyber crime lawyers in Mumbai collaborate with law enforcement agencie...
How do cyber crime lawyers in Mumbai collaborate with law enforcement agencie...Finlaw Associates
 
6th sem cpc notes for 6th semester students samjhe. Padhlo bhai
6th sem cpc notes for 6th semester students samjhe. Padhlo bhai6th sem cpc notes for 6th semester students samjhe. Padhlo bhai
6th sem cpc notes for 6th semester students samjhe. Padhlo bhaiShashankKumar441258
 
BPA GROUP 7 - DARIO VS. MISON REPORTING.pdf
BPA GROUP 7 - DARIO VS. MISON REPORTING.pdfBPA GROUP 7 - DARIO VS. MISON REPORTING.pdf
BPA GROUP 7 - DARIO VS. MISON REPORTING.pdflaysamaeguardiano
 
Chp 1- Contract and its kinds-business law .ppt
Chp 1- Contract and its kinds-business law .pptChp 1- Contract and its kinds-business law .ppt
Chp 1- Contract and its kinds-business law .pptzainabbkhaleeq123
 
pnp FIRST-RESPONDER-IN-CRIME-SCENEs.pptx
pnp FIRST-RESPONDER-IN-CRIME-SCENEs.pptxpnp FIRST-RESPONDER-IN-CRIME-SCENEs.pptx
pnp FIRST-RESPONDER-IN-CRIME-SCENEs.pptxPSSPRO12
 

Recently uploaded (20)

Andrea Hill Featured in Canadian Lawyer as SkyLaw Recognized as a Top Boutique
Andrea Hill Featured in Canadian Lawyer as SkyLaw Recognized as a Top BoutiqueAndrea Hill Featured in Canadian Lawyer as SkyLaw Recognized as a Top Boutique
Andrea Hill Featured in Canadian Lawyer as SkyLaw Recognized as a Top Boutique
 
Russian Call Girls Rohini Sector 6 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
Russian Call Girls Rohini Sector 6 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...Russian Call Girls Rohini Sector 6 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
Russian Call Girls Rohini Sector 6 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
 
PPT- Voluntary Liquidation (Under section 59).pptx
PPT- Voluntary Liquidation (Under section 59).pptxPPT- Voluntary Liquidation (Under section 59).pptx
PPT- Voluntary Liquidation (Under section 59).pptx
 
WhatsApp 📞 8448380779 ✅Call Girls In Nangli Wazidpur Sector 135 ( Noida)
WhatsApp 📞 8448380779 ✅Call Girls In Nangli Wazidpur Sector 135 ( Noida)WhatsApp 📞 8448380779 ✅Call Girls In Nangli Wazidpur Sector 135 ( Noida)
WhatsApp 📞 8448380779 ✅Call Girls In Nangli Wazidpur Sector 135 ( Noida)
 
Relationship Between International Law and Municipal Law MIR.pdf
Relationship Between International Law and Municipal Law MIR.pdfRelationship Between International Law and Municipal Law MIR.pdf
Relationship Between International Law and Municipal Law MIR.pdf
 
The Active Management Value Ratio: The New Science of Benchmarking Investment...
The Active Management Value Ratio: The New Science of Benchmarking Investment...The Active Management Value Ratio: The New Science of Benchmarking Investment...
The Active Management Value Ratio: The New Science of Benchmarking Investment...
 
INVOLUNTARY TRANSFERS Kenya school of law.pptx
INVOLUNTARY TRANSFERS Kenya school of law.pptxINVOLUNTARY TRANSFERS Kenya school of law.pptx
INVOLUNTARY TRANSFERS Kenya school of law.pptx
 
Introduction to Corruption, definition, types, impact and conclusion
Introduction to Corruption, definition, types, impact and conclusionIntroduction to Corruption, definition, types, impact and conclusion
Introduction to Corruption, definition, types, impact and conclusion
 
Negotiable Instruments Act 1881.UNDERSTAND THE LAW OF 1881
Negotiable Instruments Act 1881.UNDERSTAND THE LAW OF 1881Negotiable Instruments Act 1881.UNDERSTAND THE LAW OF 1881
Negotiable Instruments Act 1881.UNDERSTAND THE LAW OF 1881
 
LITERAL RULE OF INTERPRETATION - PRIMARY RULE
LITERAL RULE OF INTERPRETATION - PRIMARY RULELITERAL RULE OF INTERPRETATION - PRIMARY RULE
LITERAL RULE OF INTERPRETATION - PRIMARY RULE
 
Appeal and Revision in Income Tax Act.pdf
Appeal and Revision in Income Tax Act.pdfAppeal and Revision in Income Tax Act.pdf
Appeal and Revision in Income Tax Act.pdf
 
一比一原版利兹大学毕业证学位证书
一比一原版利兹大学毕业证学位证书一比一原版利兹大学毕业证学位证书
一比一原版利兹大学毕业证学位证书
 
IBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptx
IBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptxIBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptx
IBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptx
 
Human Rights_FilippoLuciani diritti umani.pptx
Human Rights_FilippoLuciani diritti umani.pptxHuman Rights_FilippoLuciani diritti umani.pptx
Human Rights_FilippoLuciani diritti umani.pptx
 
How do cyber crime lawyers in Mumbai collaborate with law enforcement agencie...
How do cyber crime lawyers in Mumbai collaborate with law enforcement agencie...How do cyber crime lawyers in Mumbai collaborate with law enforcement agencie...
How do cyber crime lawyers in Mumbai collaborate with law enforcement agencie...
 
6th sem cpc notes for 6th semester students samjhe. Padhlo bhai
6th sem cpc notes for 6th semester students samjhe. Padhlo bhai6th sem cpc notes for 6th semester students samjhe. Padhlo bhai
6th sem cpc notes for 6th semester students samjhe. Padhlo bhai
 
Russian Call Girls Rohini Sector 7 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
Russian Call Girls Rohini Sector 7 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...Russian Call Girls Rohini Sector 7 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
Russian Call Girls Rohini Sector 7 💓 Delhi 9999965857 @Sabina Modi VVIP MODEL...
 
BPA GROUP 7 - DARIO VS. MISON REPORTING.pdf
BPA GROUP 7 - DARIO VS. MISON REPORTING.pdfBPA GROUP 7 - DARIO VS. MISON REPORTING.pdf
BPA GROUP 7 - DARIO VS. MISON REPORTING.pdf
 
Chp 1- Contract and its kinds-business law .ppt
Chp 1- Contract and its kinds-business law .pptChp 1- Contract and its kinds-business law .ppt
Chp 1- Contract and its kinds-business law .ppt
 
pnp FIRST-RESPONDER-IN-CRIME-SCENEs.pptx
pnp FIRST-RESPONDER-IN-CRIME-SCENEs.pptxpnp FIRST-RESPONDER-IN-CRIME-SCENEs.pptx
pnp FIRST-RESPONDER-IN-CRIME-SCENEs.pptx
 

Newsletter #21 (September)

  • 1. ä ð å www.pravo.org.ua www.pravo.org.ua The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state re- forms, in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticor- ruption, etc. The goal of the publication is to increase the level of expert awareness among the citizens and to strengthen their capacity to influence the government authorities in order to expedite democratic reforms and to establish good governance in Ukraine. No. 21/2019 (September 2019)NEWSLETTER Newsletter was produced with the financial support of the European Union. Its contents are the sole responsibility of the CPLR and do not necessarily reflect the views of the European Union. CONSTITUTiON • Constitutional changes of the new authorities • Parliamentary constitutional seminar took place EFFECTIVE GOVERNMENT • Beginning of the new Government FRIENDLY ADMINISTRATION • Draft law No.1067 on deregulation threatens the administrative reform achievements FAIR TRIAL • The CPLR experts analyzed the presidential draft law on reforming judicial governance bodies • Judicial governance: the experience of Ukraine, Geor- gia and Moldova • Personnel changes in the HCJ ANTIcorruption • The Verkhovna Rada is considering presidential legisla- tive initiatives • The CPLR experts prepared reports on criminal statistics in Ukraine and on judicial practice in cases of administrative offenses related to corruption PUBLICATIONS • Report on the Results of the Analysis of the Prob- lem of Parliamentary Immunity in Ukraine • Instruments for Strengthening Confidence in the Courts in Ukraine • 20 deliverables of Eastern Partnership for 2020: Ukraine’s progress with the judiciary • Consolidated judicial practice on administrative offenses related to corruption (Articles 172-4–172-9 of the Code of Ukraine on Administrative Offences) • Report on Criminal Statistics in Ukraine • Assessment of Corruption Risks and Anti-corrup- tion Programs in Executive Bodies: Current Status and Activities of the National Agency for the Pre- vention of Corruption in this area ANNOUNCEMENTS
  • 2. www.pravo.org.ua №20 NEWSLETTER CONSTITUTiON Constitutional changes of the new authorities On August 29, 2019, the first working day of the new Parliament, the President of Ukraine initiated 8 separate draft laws on amending the Constitution of Ukraine, which can be divided into three blocks. As early as September 3, 2019, the Verkhovna Rada approved one of them and amended the Constitution as regards the constitutio­ nal determination of parliamentary immunity. As a result, starting from January 1, 2020, people’s deputies will not have parliamentary immunity in Ukraine (373 people’s deputies of Ukraine voted in favor of this decision). I. Weakening of parliamentarism by disrupting the sta- tus of the People’s Deputy of Ukraine and broadening the powers of the President 1. Draft Law No. 7203 “On Amending Article 80 of the Constitution of Ukraine (on the parliamentary immunity)”. Detailed analytics. 2. Draft Law No. 1014 “On Amending Article 106 of the Constitution of Ukraine (on establishing the powers of the President of Ukraine to create independent regulatory bodies, the National Anti-Corruption Bureau of Ukraine, appoint and dismiss the Director of the National Anti-Cor­ ruption Bureau of Ukraine and the Director of the State Bureau of Investigation)”. Detailed analytics. 3. Draft Law No. 1017 “On Amending Articles 76 and 77 of the Constitution of Ukraine (on the reduction of the constitutional composition of the Verkhovna Rada of Ukraine and consolidation of the proportional electoral system) ”. Detailed analytics. 4. Draft Law No. 1027 “On Amending Article 81 of the Constitution of Ukraine (on additional grounds for ear­ ly termination of the powers of the People’s Deputy of Ukraine”. Detailed analytics. Given the tendency of authorities for authoritarianism and the extension of the President’s powers as a result of implementing unconstitutional norms in Ukraine, the expert environment recommends balancing the branches of power by strengthening parliamentarism and clear delineation of ­executive powers between the President and the Government. Instead, the proposed changes are aimed at weake­ ning parliamentarism through the status of a people’s dep­ uty. Liquidation of the institute of parliamentary immunity can lead to a disturbance of the balance of branches of power, as the mechanism of checks and balances, which protects the legislative power against the encroachments of the executive power, disappears. It is proposed to establish a number of new bodies appointed by the President – “independent regulators that carry out state regulation, monitoring and control over the activity of economic entities in specific areas.” First, such a broad definition of bodies that the President can create is contrary to constitutional theory. Second, it may actually allow for the formation of presidential control over eco­ nomic activities that bears the threat of excessive interfer­ ence of the state with economic activity. Given the absence of an independent judicial system in Ukraine, the introduction of additional grounds for losing the mandate of the People’s Deputy of Ukraine poses risks of pressure on parliamentarians, as well as mechanisms of “reprisal” against the opposition people’s deputies. II. Abolition of the lawyer’s monopoly Draft Law No. 1013 “On Amending the Constitution of Ukraine (on the abolition of the lawyer’s monopoly)” ­Detailed analytics. The draft law proposes to abolish general lawyer’s monopoly, which was introduced in 2016 in the frame­ work of the constitutional reform of the judicial sys­ tem, and to retain the lawyer’s monopoly solely for the­ protection of individuals against criminal charges. Introduction of the monopoly was motivated by the need to increase the level of court representation services through the establishment of certain requirements for access to the legal profession, the professional level and the availability of preventive mechanisms against malpractice by lawyers. As a result of the 2016 year changes, the cost of court
  • 3. www.pravo.org.ua №20NEWSLETTER representation services has predictably increased. It seems that this very circumstance was a prerequisite for intro­ ducing such a draft amendment to the Constitution of Ukraine by the President of Ukraine. Experts of the CPLR did not support the introduction of a lawyer’s monopoly during the judicial reform in 2016 due to the anticipated problems of providing legal assis­ tance to a person due to the increase in the cost of lawyer services, and the lack of lawyers in rural areas. III. Contentless and declarative. 1. Draft Law No. 1016 on Amending Articles 85 and 101 of the Constitution of Ukraine (on the Commissioners of the Verkhovna Rada of Ukraine). Detailed analytics. 2. Draft Law No. 1028 on Amending Article 85 of the Constitution of Ukraine (on the advisory, consultative and other supplementary bodies of the Verkhovna Rada of Ukraine. Detailed analytics. 3. Draft Law No. 1015 on Amending Article 93 of the Constitution of Ukraine (on the Legislative Initiative of the People). Detailed analytics. The proposed changes from this block do not intro­ duce any new rules of regulation, but are merely declara­ tive. For example, the constitutional and legal status of the Commissioners of the Verkhovna Rada of Ukraine for compliance with the Constitution of Ukraine and laws in certain areas is enshrined without any powers being as­ signed to them and without determining the procedure for interaction of the Commissioner for Human Rights with the “new” Commissioners. Consolidation in the Constitution of the Parliament’s right to create advisory, consultative and other supple­ mentary bodies of the Verkhovna Rada of Ukraine within the limits of the funds provided in the State Budget of Ukraine for exercising its powers is senseless. The Par­ liament previously created bodies corresponding to the characteristics of “advisory, consultative and other supple­ mentary bodies” and they still exist today. In addition, it is meaningless to delegate the right of legislative initiative to the people of Ukraine without the possibility of exercising it due to the lack of a certain pro­ cedure for the participation of the “people” in the legisla­ tive initiative and without detailing the legal status of such an unclear actor as the people of Ukraine. Parliamentary constitutional seminar took place On September 23, 2019, the Centre of Policy and Legal Reform, in cooperation with the USAID RADA Program, the Venice Commission and the International Institute for Democracy and Electoral Assistance (International IDEA), held a Parliamentary Constitutional Seminar and first pub­ licly discussed the constitutional initiatives of the Presi­ dent Volodymyr Zelensky. The first parliamentary constitutional seminar of the planned series was dedicated to the procedure of amen­ ding the Constitution and the Presidential draft laws already submitted to the Verkhovna Rada of Ukraine. Repre­sentatives of all parliamentary factions, Ukrainian and international experts as well as professional organizations were invited to the dialogue. Head of the CPLR Board Ihor Koliushko and the CPLR Board Member Julia Kyrychenko also attended the event. The next constitutional seminar will be devoted to ear­ ly termination of powers of the People’s Deputy of Ukraine and will be held on October 16, 2019. Head of the Board Ihor Koliushko emphasized: “Constitutional changes should be based on a comprehensive vision of constitutional reform; the society must first see the concept of constitutional changes. Amending the Constitution by seven separate draft laws introduced at the same time is a mistake.”
  • 4. www.pravo.org.ua №20 NEWSLETTER The main changes of the Law on the Restart of Execu­ tive Power relate to the civil service institution: the pro­ cedure for admission to civil service and dismissal, disci­ plinary liability of civil servants, protection of their rights, remuneration, list of powers of the National Agency for Civil Service, the activities of the Commission on Senior Civil Service Corps. Introduction of a civil service contract is the innovation of the Law. The CPLR experts support the approach of creating by the new Government of a number of ministries that will allow the implementation of its Program of Activities. Fo­ reign experience shows that different countries may have different number of ministries. The main thing is that all areas of public policy are within the sphere of influence of the Government. However, consolidation of a large number Beginning of the new Government Prior to the formation of the new Government, 19 ministries were operating in Ukraine. Now they are 15. The new composition of the Government and the whole system of executive authorities will work in the conditions of amendments made to the laws “On Civil Service”, “On the Cabi­net of Ministers of Ukraine”, “On Central Executive Authorities”. The Ministry of Regional Development, Construction, Housing and Communal Services has been renamed into the Ministry of Development of Communities and Territo­ ries of Ukraine; the Ministry of Economic Development and Trade – into the Ministry of Economic Development, Trade and Agriculture of Ukraine (it was merged with the reor­ ganized Ministry of Agrarian Policy and Food); the Ministry of Ecology and Natural Resources has changed into Mi­ nistry of Energy and Environmental Protection of Ukraine (in was merged with reorganized Ministry of Energy and Coal Industry); the Ministry of Veterans’ Affairs – into the Ministry of Veterans’ Affairs, Temporarily Occupied Terri­ tories and Internally Displaced Persons of Ukraine (it was merged with the reorganized Ministry of Temporarily Oc­ cupied Territories and Internally Displaced Persons). The Ministry of Culture and the Ministry of Youth and Sports were liquidated; the Ministry of Information Poli­ cy was reorganized; instead, the Ministry of Culture, Youth and Sports was established. The Ministry of Digital Trans­ formation of Ukraine was established by reorganizing the State Agency for Electronic Governance. On August 29, a new Government headed by the Prime Minister Oleksii Goncha­ ruk was formed. In this context, the list of ministries has been modified. On September 19, the Verkhovna Rada of Ukraine adopted the Law “On Amending Certain Laws of Ukraine on Restart of the Executive Power”, which substan­ tially amended the Law on Civil Service. Guided by these amendments, the Government launched a massive staff clean-up in the management of the central executive authorities. In addition, in September, the Government was working on its Program of activities. The new Cabinet of Ministers of Ukraine has been appointed by the Parliament on August 29, 2019. Photo: CMU. EFFECTIVE GOVERNMENT SUMMARY OF THE MONTH
  • 5. www.pravo.org.ua №20NEWSLETTER of areas in one ministry can reduce the effectiveness of its performance in each area. The need to amend the Civil Service Law arose fol­ lowing the generalization of the three-year practice of its application. For more than a year, the NACS Working Group has been working on the relevant draft law. Some of these proposals are currently reflected in the Civil Service Law. For example, the approach to remuneration of civil servants has been changed. Although the wording of this article is not perfect, its approach will help to improve the legal regulation of the issue. However, the Civil Service Law also includes amend­ ments that were not previously discussed in the expert en­ vironment and relate to changes in the political leadership of the state. This applies, for example, to the institution of the civil service contract and the additional grounds for termination of the civil service of individual civil servants upon the initiative of the subject of appointment. The subject of appointment may decide to dismiss a Category A civil servant (Senior Civil Service Corps) on its own initiative, upon the submission of the Prime Mini­ ster or the relevant Minister or Head of the CEB within four months of the appointment of the Prime Minister of Ukraine or the relevant Minister or head of the CEB, with the simultaneous removal of such a civil servant from the staff list of the relevant executive authority. In our opinion, this violates the principles of the civil service stability, the independence of the personal com­ position of the civil service from changes in the political leadership of the state, nullifies those progressive achieve­ ments that have already taken place in the civil service in the last 3 years. The statement on the “removal of a civil servant from the staff list of the relevant executive autho­ rity” also raises questions. In accordance with these changes to the Civil Service Law, the CEB executives appointed on the basis of the competitive selection, have been dismissed. For example, such a dismissal has been applied to the Head of the State Architecture and Construction Inspectorate of Ukraine Sergii Kuzmin and the Head of the State Service of Geolo­ gy and Subsoil Resources of Ukraine Oleg Kyrylyuk. In addition, State Secretaries of the ministries may be dismissed in accordance with legislative changes. For exam­ple, Oleksii Perevezentsv has already been dismissed from his post as the State Secretary of the Ministry of Eco­ nomic Development and Trade of Ukraine. This contradicts the main purpose of the State Secretary’s institution – to preserve the institutional memory of the ministry, to assist the newly appointed minister to get acquainted with all issues of the ministry’s work, to organize the professional work of the ministry’s apparatus. Meeting of the new Government chaired by Prime Minister Oleksii Goncharuk. Photo: CMU.
  • 6. www.pravo.org.ua №20 NEWSLETTER citizens. Norms that carry such risks, on the contrary, con­ tradict the process of deregulation. That is why the Law “On Administrative Services” stipulated that their titles and grounds for receiving should be determined by laws. 2. Provision of the draft law on the definition of the en­ tities providing administrative services and their authority to provide such services by the Government at a seconda­ ry level is contrary to the Constitution of Ukraine. Thus, according to paragraph 2 of Article 6 of the Constitution, legislative, executive and judicial authorities exercise their powers within the limits established by this Constitution and in accordance with the laws of Ukraine. Therefore, the Government cannot by its by-laws delegate other powers to other authorities. This provision of the draft law also threatens to interfere with local self-government. “Amendments to the Law on Administrative Services proposed by the draft law No.1067 do not guarantee deregulation. On the contrary, they carry the risks of arbitrariness in practice, as well as violation of the Constitution of Ukraine, interference with the sphere of local self-government. Ukrainian realities show that determining the titles of administrative services, identifying the entities providing them and lists of documents for such services by by-laws lead to an increase in the level of corruption in this area, an increase in the number of unnecessary “services” for the citizens and profit-making on them. Therefore, this part of the draft law needs to be rejected, or more balanced solutions should be sought,” says the CPLR expert Yevhen Shkolnyi. Draft law No. 1067 on deregulation threatens the administrative reform achievements The Verkhovna Rada of Ukraine has registered and included in the agenda the draft law No. 1067 on accelera­ ting deregulation, which threatens the reform of the system of providing administrative services. On August 29, 2019, the people’s deputies from “Slu­ ha Narody” faction registered in the Verkhovna Rada of Ukraine the draft law No.1067. As early as September 10, it was included in the agenda. The draft law aims to pro­ mote deregulation, and therefore affects the area of ad­ ministrative services. That is why it provides for a number of amendments to the Law of Ukraine “On Administrative Services”. In particular, the title of administrative service and the grounds for receiving it, the entity providing the administrative service and its authority to provide the ad­ ministrative service, as well as the list and requirements for documents necessary for obtaining the administrative ser­ vice shall be determined not by the law, but by the Cabinet of Ministers of Ukraine, that is, at the level of government by-laws. This threatens the reform of the administrative services system, which is one of the most successful in Ukraine. The CPLR believes that the proposed changes are un­ acceptable for the following reasons: 1. Determining the title of an administrative service and the grounds for receiving it at the level of by-laws car­ ries the risk of groundless splitting of one administrative service into several separate ones by the Government. In Ukraine, the practice of approving so-called “lists of ser­ vices” by by-laws has already existed and was aimed at increasing the number of services and earning money from FRIENDLY ADMINISTRATION The Verkhovna Rada of Ukraine has registered and included in the agenda the draft law No. 1067 on accelerating deregulation, which can negate a number of achievements of the administrative services system reform SUMMARY OF THE MONTH
  • 7. www.pravo.org.ua №20NEWSLETTER 3. Definition of the list and the requirements for the documents necessary for obtaining administrative services by the by-laws of the Cabinet of Ministers is the most nega­- tive aspect of this draft law. On the one hand, this me­ chanism can be used for deregulation. On the other hand, it can also damage deregulation and cause additional bu­ reaucracy for citizens and businesses. Regardless of the intentions of the incumbent Government, it is important to keep in mind that governments will change. However, the regulation does not have the proper level of transparency and stability, as well as the consideration of the interests of citizens. It is true that today some lists of documents for obtaining even basic (most popular) administrative servi­ ces (for example, for passport) are defined by the by-laws. This often results in citizens being asked for additional documents that are not provided for anywhere. Some­ times the lists of documents for receiving administrative services are determined by several by-laws. Citizens have difficulties finding them and getting acquainted with their contents. Moreover, they can even contradict each other. In addition, the by-laws can be quickly and non-transparently supplemented with new requirements and documents for obtaining administrative services. Therefore, citizens will have minimal protection against the risk of arbitrariness.
  • 8. www.pravo.org.ua №20 NEWSLETTER which also discredited itself by acting in the interests of dishonest judges and political forces, while expanding its powers, including with respect to the new HQCJ; • difficulty for the agents of change to become members of the Commission because of the requirements that only representatives of the system to be reformed can enter this body; • deliberate inefficiency of the Commission on In­ tegrity and Ethics; • too short timeframe for disciplinary proceedings, which allows judges to avoid liability; • reduction of the Supreme Court in the absence of predefined criteria can be used for political purposes to get rid of disloyal judges. Judicial governance: the experience of Ukraine, Georgia and Moldova On September 13, the CPLR in cooperation with the DEJURE Foundation in Odessa held a conference on Ju­ dicial Governance in the Eastern Partnership Countries: Ukraine, Georgia, Moldova. Representatives of the judicial governance bodies, judges, Ukrainian and international ex­ perts attended the event. Participants focused on discussing judicial reforms in Ukraine, Georgia and Moldova in line with the Eastern Partnership goals by 2020, and highlighted the changes According to the CPLR expert Roman Kuybi- da, “the draft law needs thorough revision, otherwise it poses serious threats to strength- en the political dependence of judges and the manageability of judicial corps.” The CPLR experts analyzed the presi- dential draft law on reforming judicial governance bodies On September 12, the Verkhovna Rada of Ukraine approved in the first reading the draft law No.1008 “On Amending Certain Laws of Ukraine Regarding the Activity of Judicial Governance Bodies”, which provides for: • dissolution of the existing High Qualifications Commission of Judges and the formation of a new com­ position based on a new principle; • reducing the number of the Commission members from 16 to 12; • establishment of the Commission on Integrity and Ethics, which will monitor the integrity of the members of the High Council of Justice and the HQCJ and may initiate their dismissal; • shortening the timeframe for disciplinary procee­ dings (to 30 days from the date of receipt of the complaint) and giving the right to initiate proceedings to members of the HCJ and the Commission on Integrity and Ethics; • reducing the number of the Supreme Court jud­ ges – from a maximum of 200 to 100 judges; • reducing the remuneration for the members of the High Council of Justice, the HQCJ, and the judges of the Supreme Court; • lustration of the heads of the HQCJ and the State Judicial Administration of Ukraine. The CPLR experts drafted an Opinion to the draft law and supported the re-launch of the HQCJ with the involve­ ment of international experts. However, they pointed to numerous shortcomings of the draft law, including: • maintaining the existing composition of the HCJ, FAIR TRIAL The CPLR experts have identified serious deficiencies in the presidential draft law on judicial governance reform. Staff changes have occurred at the High Council of Justice. SUMMARY OF THE MONTH
  • 9. www.pravo.org.ua №20NEWSLETTER proposed in the draft law No.1008 “On Amending Certain Laws of Ukraine on the Activity of Judicial Governance Bodies”. At the conference the experts also presented two studies: ”20 Deliverables of Eastern Partnership by 2020: Ukraine’s Progress in Justice”, which, in addition to ana­ lyzing the current state of implementation of the goals, provided recommendations for their achievement, and ”Judicial (In)Dependence: Judicial Governance Lessons for the Eastern Partnership Countries”, which analyzed the results of the activities of the judicial governance bodies in Moldova, Georgia and Ukraine and provided recommenda­ tions on the composition of the judicial governance bodies in these countries. The event was supported by the European Union and the International Renaissance Foundation as part of the grant component of the Civil Synergy project, sponsored by the Ukrainian National Platform of the Eastern Partner­ ship Civil Society Forum. Personnel changes in the HCJ On September 24, the High Council of Justice termi­ nated the authority of the Chairman of the HCJ, V. Govo­ rukha, on the basis of his application and elected a new chairman, A. Ovsiyenko. As reported, the journalists re­ corded the visit of A. Ovsiyenko and V. Govorukha to the Office of the President of Ukraine on the eve of considera­ tion by the HCJ of the issues concerning the removal of judges, who, according to the investigation, tried to inter­ fere with the conduct of the qualification assessment. On September 30, the President using his quota nomi­ nated O. Blazhivska as the HCJ member; she was one of the two winners of the competition, to which the public organizations expressed comments. In particular, it was revealed that O. Blazhivska was appointed judge immedi­ ately after her father’s appointment as Deputy Prosecutor General of Ukraine, although before that she worked as an assistant notary. There have also been numerous questions raised by the public about the property of the judge and her family members. Although the selection committee recommended six candidates for two vacant positions of the HCJ members, the President has not yet appointed another HCJ member. Attempts to enhance the role of the HCJ in the judicial system, the appointment by the President to the Council of a person to whom the public has expressed comments, and the replacement of the HCJ Chairman with a person who has been seen in having connections with the Office of the President, may indicate an attempt to strengthen political control over the activities of this judicial governa­ nce body.
  • 10. www.pravo.org.ua №20 NEWSLETTER The Verkhovna Rada is considering presidential legislative initiatives People’s Deputies are considering the draft laws sub­ mitted by President Zelensky to address problems in the area of preventing and combating corruption. At the end of August, several draft laws on anti-cor­ ruption policy were submitted to the Verkhovna Rada, including initiatives on the clarification of the jurisdiction of the High Anti-Corruption Court, rebooting the Natio­ nal Anti-Corruption Agency, protection of the exposers of corruption, renewal of criminal responsibility for unlawful enrichment and introduction of civil confiscation of unjus­ tified assets of public servants, etc. The first of these draft laws, which concerned the jurisdiction of the High Anti­ Corruption Court, had already been passed and entered into force, eliminating the risk of excessive burden on the newly created court. In the beginning of October, the law on the relaunch of the NACP was approved. The third draft law has been approved in the first reading and is being prepared for the second reading in the Verkhovna Rada Committee on Anti-Corruption Policy. As regards the proposed legislative initiatives, the CPLR experts in their conclusions provided as­ sessment and recommendations in relation to most of them, in particular on how these draft laws could be improved before the second reading to avoid po­ tential problems in implementing the new legislative provisions. The CPLR experts prepared reports on criminal statistics in Ukraine and on judicial practice in cases of ad- ministrative offenses related to cor- ruption In September, experts from the Centre of Policy and Legal Reform finalized a report on criminal statistics in Ukraine, which was developed using a special methodology. The report analyzes the international statistical standards of the UN and the EU, the current practice of collecting and releasing relevant statistics, formulating conclusions and provi­ding recommendations on how the criminal statistics system in Ukraine can be improved. The report can be viewed on the CPLR website via the link. In addition, this month, a summarized report on the judicial practice in cases of administrative offen­ ses related to corruption was completed. It analyzes a significant number of court decisions in relevant administrative offenses cases, identifies major chal­ lenges in ensuring the inevitability of punishment for such offenses, and provides suggestions for the elimination of these problems. This report has also been published on the CPLR website via the link. ANTIcorruption The High Anti-Corruption Court commenced its work on September 5, and it is currently conducting trial in the first criminal proceedings. This court is expected to impartially and objectively administer justice in corruption and corruption-related cases. SUMMARY OF THE MONTH
  • 11. www.pravo.org.ua №20NEWSLETTER Instruments for Strengthening Confidence in the Courts in Ukraine Roman Kuybida, Maksym Sereda, Mykhailo Zhernakov. Consolidated judicial practice on administrative offenses related to corruption (Articles 172-4–172-9 of the Code of Ukraine on Administrative Offences) Oleksandr Dudorov Assessment of Corruption Risks and Anti-corruption Programs in Executive Bodies: Current Status and Activities of the National Agency for the Prevention of Corruption in this area Anton Marchuk Report on the Results of the Analysis of the Problem of Parliamentary Immunity in Ukraine Kostiantyn Zadoya, Mykola Khavroniuk 20 deliverables of Eastern Partnership for 2020: Ukraine’s progress with the judiciary Report on Criminal Statistics in Ukraine Mykola Khavroniuk, Ruslan Shekhavtsov ЗВІТ ЗА РЕЗУЛЬТАТАМИ АНАЛІЗУ ПРОБЛЕМИ НЕДОТОРКАННОСТІ НАРОДНИХ ДЕПУТАТІВ УКРАЇНИ Автор: Костянтин Задоя, кандидат юридичних наук, доцент Редактор: Микола Хавронюк, доктор юридичних наук, професор КИЇВ – 2019 1 20 DELIVERABLES OF EASTERN PARTNERSHIP FOR 2020 UKRAINE’S PROGRESS WITH THE JUDICIARY SEPTEMBER 2019 ЗВІТ щодо кримінальної статистики в Україні Київ - 2019 INSTRUMENTS FOR STRENGTHENING CONFIDENCE IN THE COURTS IN UKRAINE AUTHORS: Roman Kuibida, Centre for Policy and Legal Reform Mykhailo Zhernakov, DEJURE Foundation Maksym Sereda, Centre for Policy and Legal Reform Peer-review by Lino Brosius, Center for International Legal Cooperation (the Netherlands) POLICY PAPER DATE: September 26, 2019 Supported by a grant from the Foundation Open Society Institute in cooperation with the OSIFE of the Open Society Foundation. Узагальнення судової практики у справах про адміністративні правопорушення, пов’язані з корупцією (статті 172-4 172-9 КУпАП) Підготував: д. ю. н., проф. Дудоров О. О. Київ – 2019 PUBLICATIONS All publications in electronic format can be downloaded at the website of the Centre of Policy and Legal Refom: http://pravo.org.ua/ua/about/books/
  • 12. www.pravo.org.ua №20 NEWSLETTER Parliamentary Constitutional Seminar (16 October, Kyiv) Discussion of the models of future administrative-territorial structure of sub-regional level of regions of Ukraine (dates to be specified, Lutsk, Rivne, Severodonetsk, Sumy, Chernihiv) ANNOUNCEMENTS e-mail: centre@pravo.org.ua phone: +38 044 278 03 17 +38 044 278 03 72 fax: +38 044 278 16 55 Kyiv, Ukraine, 4 Khreshchatyk St., of. 13 Postal code: 01001 www.facebook.com/pravo.org.ua/ www.pravo.org.ua