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CPLR Activity report for 2015 (in English)

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CPLR annual activity report for 2015. Year 2015 in Ukraine for Constitutionalism, Governance and Public Administration, Judiciary, Criminal Justice, Combatting Corruption. CPLR achievements, publications, financial report, donors.

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CPLR Activity report for 2015 (in English)

  1. 1. Activity report for 2015
  2. 2. pravo.org.ua | facebook.com/pravo.org.ua 1 CPLR activity report 2015 About CPLR.............................................................................................................................. Year 2015 for Constitutionalism ....................................................................................... Year 2015 for Governance and Public Administration................................................ Year 2015 for the Judiciary.................................................................................................. Year 2015 for Criminal Justice............................................................................................ Year 2015 in the Context of Combatting Corruption.................................................... Laws and Draft Laws Prepared with the CPLR’s Participation in 2015.................. Other Achievements .................................................................................................... Publications............................................................................................................................. Financial Report.................................................................................................................... Budjet for 2015, Projects, Donors..................................................................................... Budget by Donor..................................................................................................................... CPLR Structure........................................................................................................................ 2 3 5 7 9 10 12 14 15 16 17 18 20
  3. 3. pravo.org.ua | facebook.com/pravo.org.ua 2 CPLR activity report 2015 The CPLR designs and promotes the implementation of reforms in the following areas: • Constitutionalism; • Public administration; • Judiciary; • Criminal justice; • Combatting corruption; • European integration • Access to public information and e-government. Mission The CPLR’s mission is to support the implementation of institutional reformscapable ofensure the strengthening of democracy, rule of law, and good governance in Ukraine. More about the CPLR » Centre of Policy and Legal Reform (CPLR) is a Ukrainian non-governmental think-tank that was established in 1996 following the adoption of the Constitution of Ukraine. The CPLR is a non-governmental,non-profit organization operating on the nationwide level,both in the capital and in the regions of Ukraine. About CPLR Vision Our activity is focused on turning Ukraine into a state that respects and upholds the human rights, principles of democracy, rule of law, good governance, and other European values.
  4. 4. 3 pravo.org.ua | facebook.com/pravo.org.ua Year 2015 for Constitutionalism The experts have taken active part in the coverage of constitutional reform in Ukraine through television, radio, and print media. The experts’ activities in 2016 will focus on strengthening the role of the civil society in the constitutional processes, raising the prestige of the Constitution, expert support and advocacy for constitutional amendments, as well as monitoring of constitutional reform. The CPLR is the leading organization enabling the work of the constitutional reform group at the Reanimation Package of Reforms. The main achievements for 2015 in the area of constitutionalism are related to the advocacy before the President of Ukraine and the Verkhovna Rada of Ukraine for the need for establishing the Constitutional Commission, constitutional drafting work, and launching a public information campaign “ConstitutiON”. Experts successfully presented to the President of Ukraine and the Verkhovna Rada of Ukraine the need for of establishing the Constitutional Commission. On March 3, 2015, the decree of the President of Ukraine “On Constitutional Commission” established the Constitutional Commission as a special advisory body under the President of Ukraine. Experts produced three drafts on amendments to the Constitution of Ukraine: on ensuring the independence of the Constitutional Court of Ukraine, decentralization, as well as recommendations to the Draft amendments to the Constitution of Ukraine (concerning decentralization of power) and ensuring the independence of the judiciary (see Judiciary area). Drafts were previously discussed and revised through the Reanimation Package of Reforms working groups on constitutional reform, decentralization and judicial reform, and were then submitted to the Constitutional Commission, providing one of the foundations for the drafts that were prepared for submission by the President of Ukraine to the Verkhovna Rada of Ukraine. In cooperation with the coalition of civil society organizations “The People’s Constitution”, experts prepared the Draft Law on procedure for drafting a new Constitution of Ukraine and submitted it to the Verkhovna Rada of Ukraine. Experts have launched the information campaign “ConstitutiON”, aimed at strengthening the role of civil society in the constitutional process and communication about the proposed constitutional amendments at the national and regional levels. The campaign is aimed at instilling the understanding of the Constitution as the fundamental value for every citizen and meeting the demand for constitutional reform in the society’s interests. Area experts: Ihor Koliushko, YuliyaKyrychenko, Anna Barikova, Kateryna Davydenko. CPLR activity report 2015
  5. 5. 4 pravo.org.ua | facebook.com/pravo.org.ua As part of the campaign, they have already carried out (and are planning to continue in 2016) the following activities: • monitoring of constitutional reform; • producing a comprehensive draft law on amending the Constitution to improve the mixed parliamentary-presidential form of government; • analytical notes on constitutional reform in Ukraine for international community; • press conferences on proposed constitutional amendments in Kyiv and regional centers; • participation in expert discussions on TV; • expert discussions on regional public TV; • Internet and social media activity; • competition of student essays on constitutional reform; • analytical articles on constitutional reform; • roundtables to discuss constitutional reform. To launch the public discussion on the constitutional reform and problems of the Constitution’s effectiveness, the CPLR experts prepared a brochure “Updating the Constitution as the Closure of the Revolution”. The publication was prepared as part of the International Centre for Policy Studies project “Using International Expertise and Conducting Public Consultations in the Process of Amending the Constitution of Ukraine”. CPLR activity report 2015
  6. 6. pravo.org.ua | facebook.com/pravo.org.ua 5 Ukraine’s achievements in the field of reforming the government system for 2015 can be identified primarily by two results: 1) Arather high-quality new version of the Law of Ukraine No. 889-VIII “On Civil Service” of December 12, 2015 (comes into force on May 1, 2016) has been adopted, gives a chance to improve the civil service system. The Law’s principal innovations include: exclusively competitive selection for all civil service positions,including the highest offices; clear differentiation between civil service positions and other positions (political, patronage etc.); introduction of an institution of professional managers within ministries (“state secretaries of ministries” position), characteristic of all developed democracies; restricting the political activity of civil servants; etc. Professionalization and depolitization of the civil service are only possible through a top-down approach. In this way, Ukraine can get qualified officials, who will help politicians develop and implement reforms and will provide services to citizens in a professional manner; 2) Three laws envisioning the decentralization of authority for the provision of administrative services in the areas of residence registration, business registration, and real estate registration were adopted.After many years of centralization in Ukraine, the reverse trends on returning the power to local self-governments are finally getting underway. CPLR experts were directly involved in achieving both of these results, working both in Parliament’s working groups and in advocacy for these initiatives.A separate challenge for 2016 will be to ensure proper implementation of these laws. In 2015, the CPLR’s experts revised the draft law “On Amending Certain Laws of Ukraine concerning the Organization of Activity of the Cabinet of Ministers of Ukraine and the Central Executive Authorities”, which was introduced by a group of Parliament members and registered as No. 2354a of July 15, 2015. Adoption of this law is crucial in order to formulate the operating rules for the Cabinet of Ministers of Ukraine and the central executive authorities in line with the new law“On Civil Service”, so as to ensure these bodies are attractive for professionals and to set conditions for the ministries’ effective work in policy development and reforms implementation. During 2015,a significant number of the centers for provision of administrative services provision (CPASs) underwent improvements. A sociological survey commissioned by the CPLR in late 2015 found that CPASs operating in 25 out of 40 of Ukraine’s biggest cities (excluding occupied territories) provide a rather comprehensive catalog of basic administrative services, while the overall level of consumer satisfaction with the CPASs services exceeds 86% (indeed, among the leading city CPASs, this indicator averages at about 95%). Areaexperts:Ihor Koliushko,ViktorTymoshchuk,Olga Kalinichenko, OleksiyKurinnyy,Evgen Shkolnyy. Year 2015 for Governance and Public Administration CPLR activity report 2015
  7. 7. pravo.org.ua | facebook.com/pravo.org.ua 6 CPLR activity report 2015 CPLR continued paying special attention to supporting the development of CPASs throughout 2015. In particular, the Center conducted 15 regional trainingseminars for 523 CPAS chairs and administrators, as well as for several dozen civic activists. An analytical report concerning the advantages of an integrated office (CPAS) over a ministerial model of administrative services provision was developed for the Ministry of Economic Development and Trade, along with providing recommendations for changing the protocol for maintaining the registry of administrative services and developing draft methodological recommendations on determining the number of administrators. An additional manual on the subject of administrative services (“Administrative Services Provision in the Municipal Sector: A Study Manual for Local Self-Government Officials”) was prepared on the Commission of the Association of Ukrainian Cities, and researching the problems surrounding administrative services provision in unified territorial communities had started. Particular emphasis is being placed on supporting the development of a CPAS for Kyiv City. As part of the RPR-Kyiv group, the CPLR experts encouraged the city authorities to modernize district state administration spaces for CPAS purposes and facilitated drafting of the relevant programmatic document (a concept paper). At present, work is ongoing to come up with a catalog of administrative services, design information and technological services cards, and simplify procedures for administrative services provision. The State Migration Service (SMS) has remained one of the principal bottlenecks for reforms in the area of administrative services in 2015. At present, the “passport reform” is yet to be harmonized with the decentralization reform and the establishment of CPASs. Nevertheless, following the change in SMS’s leadership in September, even that agency started showing positive signs in cooperation with experts and local self-governments. Unfortunately, changes on many of the issues proved unattainable. The system of government decisions-making, as well as the very organization of central executive power remainedunreformed. The Ministry of Justice of Ukraine has delayed the movement of the draft law “On Administrative Procedures”, even though this quality draftlaw already a received positive assessment from the SIGMA program as of early 2015. No progress was achieved with respect to even placing the subject of legislative regulation in the area of payment for administrative services (i.e., the draft law “On Administrative Fees”) on the authorities’ agenda. Therefore, the abovementioned achievements and impediments will determine the CPLR’s priority activities in this reform area for 2016.
  8. 8. pravo.org.ua | facebook.com/pravo.org.ua 7 CPLR activity report 2015 Year 2015 for the Judiciary It proved unattainable to meet the society’s expectations for reform of the judiciary in 2015. The end result, according to findings of numerous sociological surveys, including those commissioned by the CPLR (late 2014, late 2015), was that the level of confidence in the judicial branch had decreased even despite some serious legislative changes. Two key events are of the foremost relevance here: the adoption of the Law No.192-VIII “On Ensuring the Right to a Fair Trial”of February 12, 2015, and the preparation of the draft law No. 3524 “On Amendments to the Constitution of Ukraine (Concerning Justice)” of November 25, 2015. The Law “On Ensuring the Right to a Fair Trial” took into account a significant number of recommendations by the Council of Europe bodies in the area of justice, thus bringing national legislation closer to European standards. The main accomplishments of the law may be listed as follows: • introduction of competitive selection for all judicial positions, establishment of a competitive procedure for appointments to the High Council of Justice and the High Qualification Commission of Judges of Ukraine; • enhancing the adversarial nature of disciplinary proceedings and introduction of a broader range of disciplinary penalties, etc. However, the law also contains many deficiencies. First of all, these relate to the preservation of political means for influencing the judges by Parliament and President, as well as the lack of effective mechanisms to rid the judiciary of dishonest judges. On November 25, 2015, the President of Ukraine introduced in Parliament the draft law on amendments to the Constitution of Ukraine (concerning justice). The draft’s final version contains a number of positive changes. Among others, the draft lays down the opportunities for significant renewal of judicial ranks, eliminates the Verkhovna Rada’s influence over appointment and removal of judges, takes into account the European standards concerning the composition of the Superior Council of the Judiciary (where the majority of members will be judges elected by their peers), etc. At the same time, experts have criticized the draft for its preservation of the purely political manner for appointment and removal of the Prosecutor General, introduction of the bar’s monopoly for representation in courts, and postponing the ratification of the Rome Statute of the International Criminal Court by three years. The CPLR served as the organizer for three events that provided a forum for broad public discussion of constitutional amendments concerning the judiciary: a roundtable “Ukrainian Courts: Resetting through Amendments to the Constitution” (July 21), as well as two forums-“Apolitical Justice with Integrity through Constitutional Amendments” (October 19), and “#Constitution: Public Trust and New Justice” (December 14). Area experts: Roman Kuybida, Tetiana Ruda, Maksym Sereda.
  9. 9. pravo.org.ua | facebook.com/pravo.org.ua 8 CPLR activity report 2015 CPLR’s experts were only partially involved in drafting the Law of Ukraine “On Ensuring the Right to a Fair Trial”, as well as the draft amendments to the Constitution of Ukraine (concerning justice). In both cases, the CPLR’s experts, jointly with the Reanimation Package of Reforms (RPR) working groups on constitutional and judicial reforms, have previously prepared their own draft laws (on amendments to the law on the judiciary, as well as on amendments to the Constitution). As a result of negotiations with the government authorities, it was possible to incorporate quite a few of the experts’ recommendations into the final version of the draft law on amendments to the Constitution (concerning justice). Some of the recommendations were also taken into account in the law “On Ensuring the Right to a Fair Trial”. Overall, the CPLR experts supported the proposed amendments to the Constitution introduced by the President — while at the same time emphasizing that any constitutional amendments must be adopted simultaneously with the package of implementing laws that would enable carrying out the judicial reform in line with society’s expectations. Experts believe that legislative changes must entail, first and foremost, the implementation of the following provisions: Subsequent course of the judicial reform will depend directly on Parliament’s adoption of amendments to the Constitution of Ukraine concerning justice, as well as of the package of implementing laws needed for effective introduction of the reforms. In 2015, the CPLR’s experts also joined the effort to analyze the candidates for appointment to the new High Council of Justice,to make the choice easier for those authorized to elect its members. Also, responding to an initiative by the OSCE Project Coordinator in Ukraine, they developed a manual on trial monitoring for civil society organizations. Additionally, experts continued measuring progress towards the implementation of European standards in the course of constitutional, judicial, and prosecutorial reforms, using the “Reforms Speedometer” that was developed by them. The CPLR experts’ activity in 2016 will focus on expert and advocacy support of the required constitutional and other legislative changes, as well as monitoring the effectiveness of their implementation. • establishment of strict deadlines for transition to a three-tier court system and reorganization of higher-level courts; • introduction of effective mechanisms for judicial evaluations and competitions, and ensuring the public’s participation in these procedures; • establishment of a public and transparent procedure for the selection of the Constitutional Court of Ukraine judges, as well as of competitive selection of the candidates for Prosecutor General’s position.
  10. 10. pravo.org.ua | facebook.com/pravo.org.ua 9 CPLR activity report 2015 Year 2015 for Criminal Justice This year was marked by the formation of a new Ukrainian police. Patrol police started workingin large cities (Kyiv, Lviv, Kharkiv, Odessa),andall personnel assignedto other former militia units was requiredto undergo mandatory evaluation prior to appointment to the police.This development was possible due to the adoption of the Law of Ukraine No. 580-VIII “On the National Police” of July2, 2015 (CPLR experts participated in its revision for the first reading). Law No. 1697-VII “On Procuracy” of October 14, 2014 (also prepared with involvement of the CLPR’s experts) substantially removed the prosecution’s general supervision function, as well as prohibited prosecutors from showing up to carry out inspections of entrepreneurs. The prosecution’s authority to represent interests of the citizens in courts was also severely restricted, due to its inefficiency in implementing this function. At the same time, July 1, 2015 marked the launch of the work of 100 free legal aid centers, which took over the authority to represent interests of citizens in civil and administrative cases. District prosecutor’s offices were converted into the local ones, resulting in the reduction of their number. Additionally, the reevaluation process for local prosecutor’s offices resulted inreducingthe number of prosecutorial staff by 20% (from 7,800 to 6,200 positions). Open competitions for leadership positions with local prosecutor’s offices were conducted. Unfortunately, as a result of the mechanisms laid down in the Prosecutor General’sinstructions, as well as of the suspension by the Cabinet of Ministers of the new law’s provisions regarding the significant salary increase for prosecutors, only 16% of new leadership-level personnelwas appointed for this prosecutorial system tier. The adoption of the Law of Ukraine No. 794-VIII “On the State Bureau of Investigations” of November 12, 2015 (CPLR’s experts are its co-drafters) has meant that the work of theprosecutor’s officeshas beenbrought in compliance with the Constitution of Ukraine, as this law provides for the elimination of investigative units inprosecutor’s offices. At the same time, it must be stated that the Prosecutor General’s Office’ssystemic resistance to radical changesresults in extremely low efficiency and pace of the prosecutorial reform, despite the rather progressive innovations of this law. Additionally, for the second consecutive year, the government has been blocking the implementation of the provisions of the new Law“On Procuracy”relating to ensuring decent salaries for prosecutors, provoking continued corruption and posing an obstacle for further reform. Area experts: Olexandr Banchuk, Borys Malyshev, Zamira Saidova, Ilona Dmytrieva.
  11. 11. pravo.org.ua | facebook.com/pravo.org.ua 10 Year 2015 in the Context of Combatting Corruption CPLR activity report 2015 • • • • • • • • • In 2015, Ukraine did not achieve tangible results in the area of combatting corruption. At the same time, significant preparatory work has been conducted, which should bear fruits in the near future.First, the improvement of the legal framework for anti-corruption reform, which started in the previous year, has continued. In particular, the following laws were adopted: CPLR experts, acting both independently and as members in the Targeted Reform Team on Government Cleansing and Anti-corruption Reform under the Ministry of Justice of Ukraine, the National Anti-Corruption Policy Council under the President of Ukraine, and the Parliamentary Working Group on Improvements of Legislative Regulation of the State Anti-Corruption Policy in Ukraine “Anti-Corruption Agenda”, participated in developing most of these laws and advocating for their consideration by Parliament of Ukraine, or conducted expert evaluations of these drafts and provided their recommendations for textual improvements. Subsequently, they analyzed the effectiveness of these laws and identified their shortcomings. “On Amending Certain Legislative Acts of Ukraine to Provide for the Oeprations of the National Anti-Corruption Bureau of Ukraine and the National Agency for Prevention of Corruption” No. 198-VIII of February 12, 2015; “On Amending Certain Lawsof Ukraineon Access to Public Information in the Form of Open Data” No. 319-VIII of April 9; “On Amending Certain Legislative Actsof Ukraineon Preventingand Combatting Political Corruption” No. 731-VIII of October 8, 2015; “On Amending Certain Lawsof Ukraine Concernig the Information on the Final Beneficiary (ControllingOwner) of a LegalEntity” No. 475-VIII of May 21, 2015; “On Amending the Criminal Code of Ukraine Concerning Improvements in the Institution of Special Confiscation Aimedat Eliminating Corruption Risksin Its Application” No. 770-VIII of November 10, 2015; “On Amending the Criminal Procedure Codeof Ukraine Concerning Certain Issues of Property Arrest Aimedat Eliminating Corruption Risksin Its Application” No. 769-VIII of November 10, 2015; “On Public Procurement” No. 922-VIII of December 25, 2015 and “On Amending Certain Laws of Ukraine Relating to Public Procurement to Bring them in Line with International Standards and to Implement Measures to Eliminate Corruption” No. 679-VIII of September 15, 2015; “On Prevention of Influence of Corruption Offenses over the Results of Official Sporting Competitions” No. 743-VIII of November 3, 2015; “On Civil Service” No. 889-VIIIof December 10, 2015; etc. Area experts: Mykola Khavroniuk, DmytroKalmykov, Zamira Saidova, OlenaSoroka.
  12. 12. pravo.org.ua | facebook.com/pravo.org.ua 11 CPLR activity report 2015 In 2015, the Alternative (Shadow) Report on the Assessment of Effectiveness of State Anti-Corruption Policy and other analytical documents were prepared with significant input of the CPLR experts. Second, the implementation of previously adopted laws was underway, and the outline of a new system of anti-corruption bodies was generally completed. Some of these have actually been established, partially staffed, and started operating. These include the National Anti-Corruption Bureau of Ukraine and the Specialized Anti-Corruption Prosecutor’s Office. The competition for the selection of the National Agency for Prevention of Corruption members was started. The CPLR experts monitored the organization of the competition and, together with representatives of other NGOs, forced the government to change the competition commission’s composition to ensure its maximum objectivity. Unfortunately, achieving significant progress in this area proved unattainable: for a full year starting from March 2015 until just recently, the Cabinet of Ministers of Ukraine essentially stymied the establishment of the Agency and the start of its activities involving verification and control of asset declarations and monitoring of the way of life of persons authorized to perform the functions of the state or the local self-government, as well as the analysis of the situation in the area of preventing and combatting corruption, etc. In addition, the Laws “On the State Burea of Investigations” No. 794-VIII of November 12, 2015 and “On the National Agency of Ukraine for Detectin, Search and Management of Assets Derived from Corruption and Other Crimes” No. 772-VIII of November 10, 2015 were adopted at the end of the year. Unfortunately, the government also failed to start the implementation of these laws in a timely manner. Third, the government undertook some reform efforts during the year, sending to Parliament dozens of draft laws relating to economic, social, energy, military, cultural, judicial, law enforcement, and other areas. During the year, the CPLR experts conductedmore than 200 anti-corruption expert evaluations of such draft laws, preparing relevant opinions that were posted on the Internet and distributed among Ukraine’s Parliament members — in addition to regularly making their assessments of these drafts widely known through mass media outlets, conferences, roundtables, other meetings, lectures for students and practitioners, preparation and dissemination of infographics, etc. All of these above achievements and omissions will determine the CPLR’s priorities in the area of combatting corruption for 2016.
  13. 13. pravo.org.ua | facebook.com/pravo.org.ua 12 CPLR activity report 2015 Laws and Draft Laws Prepared with the CPLR’s Participation in 2015 Laws prepared with the CPLR’s participation and adopted in 2015: 1. Law of Ukraine “On Civil Service” No. 889-VIII of December 10, 2015. 2. Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine Concerning the Expansion of Authority of Local Self-Governments and the Optimization of Administrative Services Provision” No. 888-VIII of December 10, 2015. 3. Law of Ukraine “On Ensuring the Right to a Fair Trial” No. 192-VIII of February 12, 2015, which takes into account some of the recommendations by the CPLR experts — notably, relating to disciplinary responsibility of judges, introducing regular evaluations of judges, and simplifying judicial self-governance system. 4. Law of Ukraine “On the State Bureau of Investigations” No. 794-VIII of November 12, 2015. Draft laws prepared by CPLR experts or with their participation in 2015: 1. “On Amending the Constitution of Ukraine (concerning decentralization of power)” No.2217а of July 1, 2015, “On Amending the Constitution of Ukraine (concerning justice)” No.3524 of November 25, 2015 — preliminarily discussed and revised in the Reanimation Package of Reforms working groups on constitutional and judicial reform; submitted to the Constitutional Commission, becoming one of the foundations for the drafts prepared for submission by the President of Ukraine to the Verkhovna Rada of Ukraine; 2. “On procedure for drafting the new Constitution of Ukraine” No.3781 of January 18, 2016 — drafted in cooperation with a coalition of civil society organizations “The People's Constitution” and submitted to Parliament of Ukraine; 3. “On Police and Policing” № 1692-1 of January 27, 2015 (withdrawn by Parliament members in favor of the governmental draft). 4. “On amending certain legislative acts of Ukraine in connection with introduction of criminal misdemeanors” № 2897 of May 19, 2015. 5. “On Amending the Criminal Procedure Code of Ukraine (concerning ensuring the right to a just verdict for certain categories of convicted individuals)” No. 2033a of June 5, 2015 (adopted in the first reading). 6.“On Amending Certain Laws of Ukraine concerning the Organization of Activity of the Cabinet of Ministers of Ukraine and the Central Executive Authorities” No. 2354a of July 15, 2015. 7. Participated in preparing the draft law “On Amending the Law of Ukraine “On Prevention of Corruption” concerning the requirements for members of the competition commission for the selection of candidates for membership on the National Agency for Preventing Corruption” No. 2344а of July 14, 2015. 8. “On amending the Law of Ukraine “On Combatting Corruption” and some other laws concerning improvements in the legislative framework for fighting corruption” (draft law is yet to be introduced in Parliament). 9. “On amending certain legislation of Ukraine concerning providing for the activities of the National Anti-Corruption Bureau and the National Agency for Prevention of Corruption” No. 1660-1 of January 9, 2015. 10. “On Anti-Corruption Expert Evaluation” (currently at the expert discussions stage).
  14. 14. pravo.org.ua | facebook.com/pravo.org.ua 13 CPLR activity report 2015 11. “On amending the Criminal Procedure Code of Ukraine”. CPLR experts participated in revising for the second reading of the following draft laws: 1. “On amending certain legislative acts of Ukraine concerning providing for the activities of the National Anti-Corruption Bureau and the National Agency for Prevention of Corruption” № 198-VIII of February 12, 2015 2. “On amending the Law of Ukraine "On Procuracy" concerning improvements and peculiarities of application of certain provisions” № 578-VIII from July 2, 2015 3.“On the National Police” № 580-VIII of July 2, 2015 4. “On amending certain legislative acts of Ukraine concerning improvements in regulation of relations in the area of ensuring road and traffic safety” № 596-VIII of July 14, 2015 5. “On amending the Criminal Procedure Code of Ukraine concerning certain issues of property arrest aimed at elimination of corruption risks in its application” № 769-VIII of November 10, 2015. 6. “On National Agency for Detection, Search and Management of Assets Received from Corruption and Other Crimes” №772-VIII of November 10, 2015 7. “On services and service centers of the Ministry of Internal Affairs of Ukraine” № 2567 of April 6, 2015 (CPLR, through Parliament members, provided comments concerning prevention of commercialization in the area of MIA’s administrative services, as well as ensuring decentralization policy and services intergration). 8. “On the municipal guard” № 2890 of May 18, 2015.
  15. 15. pravo.org.ua | facebook.com/pravo.org.ua 14 CPLR activity report 2015 Other Achievements • a nationwide survey; • surveysin CPASs of 40 biggest cities in Ukraine (excluding temporarily occupied territories). 4. Succeeded in terminating the review and removal from the agenda of a dozen draft laws that threatened the protection of human rights (elimination of bail in corruption cases, expansion of grounds for in absentia trials, etc.). 5. Managed to draw the Parliament members’ attention to passport reform issues (including draftlaw No. 3224). In particular, the government has already started making certain concessions and provided for the following aspects in the revised draft: limiting the scope of personal data in the Unified State Demographic Register; raising the age eligibility to obtain a passport (i.e., issuing a “domestic passport” from the age of 14 rather than from the birthdate); authorizing the CPASs access to administrative services for the issuance of “foreign passports”; incorporating at least some rules concerning the manner of payment for passport services; rejecting the idea of issuing digital driver’s licenses; etc. 6. Participated in selection of patrol police officers, evaluation of police officers, and testing for local prosecutors. 7. Participated in the preparation of a Venice Commission opinion concerning draft amendments to Georgia’s law on prosecution (Joint opinion of Venice Commission, CCPE, ODIHR/OSCE on the draft amendments to the Law on the prosecutor’s office of Georgia, CDL-PI(2015)014 (R. Barret, N. Esanu, S. Kivalov, O. Banchuk, C.V. de Bocarme, H. Moraal, J.S. Pais, P. Polt). 7 July 2015. — 21 p. 8. Carried out an effective advocacy campaign to ensure transparent appointment of the members of competition commission for the selection of the National Agency for Prevention of Corruption members (both for the government nominees and to ensure adequate conditions for the selection of members nominated by civil society). 9. Two sociological surveysconcerning the quality of administrative services were organized in November-December 2015: •“On amending certain legislative acts of Ukraine concerning the strengthening of the role of civil society in combatting corruption crimes” No. 1165. • “On the internal affairs bodies” No. 2561. • “On amending certain legislative acts of Ukraine in connection with the adoption of the Law of Ukraine “On the National Police” No. 3225. 1. Advocacy for the need to create the Constitutional Commission before the President of Ukraine and the Verkhovna Rada of Ukraine (Commission was established on March 3, 2015). 2. Profiles on candidates for membership to the High Council of Justice and the High Qualification Commission of Judges were prepared and publicized; thanks to these, the vast majority of candidates who did not have impeccable reputation were unable to receive new appointments to these bodies. 3. Successfully lobbied for the President to veto the following laws:
  16. 16. 15 1 2 3 4 5 6 7 pravo.org.ua | facebook.com/pravo.org.ua 1. Administrative Services: State and Prospects of Reform (A Collection of Materials)// V.P. Tymoshchuk, N.L. Dobrianska, O.V. Kurinnyy, E.O. Shkolnyy, et al. (General editors: V.P. Tymoshchuk, O.V. Kurinnyi).— Kyiv, 2015.— 428 p. 2. Provision of Administrative Services in the Municipal Sector: Manual for Officials of Local Self-Government // V. Tymoshchuk / Association of Ukrainian Cities.— Kyiv, 2015.— 124 p. 3. Community-Oriented Policing in Europe: Concept,Theory and Practice (A EUCPN publication) / General editors of Ukrainian edition: Banchuk O.A., Dmytrieva I.O., Saidova Z.M.— Кyiv, 2015.— 133 p. 4. Human Rights Behind the Closed Door: Report on the Findings of Research on “Procedural Guarantees for Detained Persons” //Кyiv, 2015. — 208 p. [O. Banchuk was a member of the authors’ team]. 5. Compensation for Victims of Violent Crimes: European Standards and International Legislation / Banchuk O.A., Dmytrieva I.O., Malyshev B.V., Saidova Z.M. (General editor: O.A.Banchuk).— Кyiv: Moskalenko О.М., 2015.— 268 p. 6. Updating the Constitution as the Closure of the Revolution// A.Barikova, K.Davydenko, Ya.Zhurba, Yu.Kyrychenko, I.Koliushko, R.Kuybida; International Center for Policy Studies: S. Kishchenko.— Kyiv: ICPS, 2015.— 72 p. 7. Alternative (Shadow) Report on the Assessment of Effectiveness of State Anti-Corruption Policy // R.Riaboshapka, O.Khmara, O.Kukharuk, M.Khavronyuk, O.Kalitenko (General editor: А.V. Voloshyna). — Kyiv, 2015.— 268 p. All CPLR publications published since 2001 are available on our website CPLR activity report 2015 Publications
  17. 17. pravo.org.ua | facebook.com/pravo.org.ua 16 Financial Report Funding Expenditures CPLR activity report 2015 Funding sources Grants received by the CPLR Total, UAH 7 948 181 International Renaissance Foundation 2 184 100 European Commission 2 129 902 USAID (US Agency for International Development) 1 674 742 UNDP (United Nations Development Programme) 1 125 000 Friedrich Naumann Foundation for Freedom 365 000 Transparency International Ukraine 190 070 Council of Europe 146 863 Mendizabal Ltd (TTF/TTI) 98 973 Embassy of the Kingdom of the Netherlands (MATRA Programme) 33 531 Charitable donations (from the CPLR members and domestic organizations) 545 790 Subtotal 8 493 971 Funding for the CPLR work for projects implemented by other organizations or by donors directly 831 547 TOTAL Funding 9 325 518 Expenditure categoris Total, UAH Salaries and honoraria 6 623 532 Honoraria tothe CPLR experts and other experts engaged by the CPLR Civil law contracts Salaries of administrative personnel 6 133 450 225 826 264 256 Publications 301 900 Public events 812 814 Sociological surveys 539 800 Monitoring 112 486 Website improvement 191 000 Information campaign 59 500 Visualization 35 800 Office, equipment, and other costs 589 977 Office rent 420 000 Utilities,informationservices 48 708 Office supplies, stationery 49 434 Audit 58 500 New equipment purchases 9 112 Miscellaneous (banking services, utility payments, etc.) 4 223 Total Expenditures 9 266 809
  18. 18. Budjet for 2015, Projects, Donors № Project Name 1 Overcoming informal practices in the judicial system Judiciary 01.12.13 01.12.14 689 895,00 € 45 417,56 33 530,71 $1 565,39 € 1 436,62 2 Improving the quality of administrative services through strengthening impact of civil society on public policy in this sphere Public administration 15.01.13 15.01.15 3 303 182,40 € 217 456,98 157 495,32 $7 145,89 € 6 524,25 3 Promotion of the public administration reform Public administration 01.07.14 30.06.15 1 744 684,00 € 108 432,82 872340,00 $55 316,42 € 45 481,75 4 Public anti-corruption expertise of draft laws: Phase ІI Combatting corruption 01.11.14 30.06.15 216 500,00 € 14 252,75 100 000,00 $3 534,82 5 Institutional 15.04.13 15.04.15 840 768,00 € 59 884,00 0,00 $0,00 € 0,00 6 Support to criminal justice system reform in Ukraine Think Tank Exchange (Cooperation among analytical centers) Criminal juctice 01.06.15 31.07.15 146 862,87 € 6 004,69 146 862,87 $6 519,52 € 6 004,69 7 Institutional grant: Strengthening the communication capacity of the Centre for Political and Legal Reforms Institutional 15.09.14 31.10.15 102 000,00 € 7 265,00 98 973,34 $3 498,53 € 3 091,95 8 Ukraine — EU Speedometer: Constitutional and Judicial Reforms - Judiciary/ Constitutional reform 01.01.14 01.01.16 3 324 876,52 € 218 885,16 1 972 407,06 $92 082,50 € 84507,59 9 Supporting the government in organizing the work of Agency for Prevention of Corruption and National Anti-Corruption Bureau / State Bureau of Investigations Combatting corruptionї 25.06.15 31.12.15 190 070,00 € 8 000,00 190 070,00 $8 900,78 € 7 929,80 10 Promotion of the public administration reform 01.07.15 31.12.15 1 050 260,00 € 44 035,71 1 050 260,00 $49 154,70 € 44 035,71 11 Serving as a resource center for CSOs on public monitoring of administrative services Public administration Public administration 30.03.15 31.12.15 1 250 000,00 € 47 086,00 1 125 000,00 $51 212,00 € 46086,00 12 Civil society monitoring of the administrative services provided by the Ministry of Justice of Ukraine as an effective mechanism of affecting their quality Public administration 15.09.15 15.03.16 999 500,00 € 40 286,17 678 094,13 $30 330,76 € 27 521,32 13 Public anti-corruption expertise of draft laws: Phase ІII Combatting corruption 01.09.15 30.06.16 315 000,00 € 12 883,44 161 500,00 $7 536,16 € 6 690,14 14 Strengthening the role of civil society in constitution-building through conducting an information campaign Constitutional reform USAID FNFF IRF UNDP IRF TI Ukraine EC Mendizabal 15.10.15 30.06.16 2 800 867,50 € 121 440,00 996 647,94 $43 502,75 € 39 802,23 17 CPLR activity report 2015 MATRA EC IRF IRF TTF CoE Receipts for 2015, UAH Area Donor Start date End date Total budget, UAH Total budget, EUR Receipts for 2015, USD Receipts for 2015, USD € 3 124,02
  19. 19. 18 CPLR activity report 2015 № Project Name Area Donor Start date End date Total budget, UAH Total budget, EUR Receipts for 2015, UAH Receipts for 2015, USD Receipts for 2015, USD 15 Area funding (for trainings relating to administrative services) Public administration FNFF 01.01.15 31.12.15 365000,00 € 15000,00 365 000,00 $16 500 € 15000,00 16 Charitable donations from the CPLR members and domestic organizations CPLR 01.01.15 31.12.15 545 790,00 € 21 953,31 545 790,00 $24 026,66 € 21 893,51 17 Area funding* CPLR Direct financing 01.01.15 31.12.15 831 547,00 € 34 909,27 831 547,00 $37 897,00 € 34 413,00 TOTAL 18 716 803₴ € 1 022 697 9 325518₴ $438 724 € 393 613 • Funding for the CPLR work for projects implemented by other organizations or by donors directly List of all projects on the CPLR’s website.
  20. 20. pravo.org.ua | facebook.com/pravo.org.ua 19 CPLR activity report 2015 Donor UAH USD EUR IRF (International Renaissance Foundation) 2 184 100,00 115 542,10 99 331,63 EC (European Commission) 2 129 902,38 99 228,38 91 031,83 USAID (US Agency for International Development) 1 674 742,07 73 833,51 67 323,56 UNDP (United Nations Development Programme) 1 125 000,00 51 212,00 46 086,00 Fundingfor the CPLR work for projects implemented by other organizations or by donors directly (Direct financing) 831 547,00 37 897,00 34 413,00 Charitable contributions 545 790,00 24 026,66 21 893,51 FNFF (Friedrich Naumann Foundation for Freedom) 365 000,00 16 500,00 15 000,00 TransparencyInternationalUkraine 190 070,00 8 900,78 8 000,00 CoE (Council of Europe) 146 862,87 6 519,52 6 004,69 Mendizabal Ltd (TTF/TTI) 98 973,34 3 498,53 3 091,95 Embassy of the Kingdom of the Netherlands (MATRA) 33 530,71 1 565,39 1 436,62 TOTAL 9 325518,37 438723,87 393612,79 Budget by Donor
  21. 21. pravo.org.ua | facebook.com/pravo.org.ua 20 CPLR activity report 2015 CPLR Structure The CPLR’s general governing bodies are its General Meeting and the Supervisory Council. Its comptrolling body is the Audit Commission. The operational governing bodies are the Board, the Chair of the Board, and the Executive Director. Supervisory Council of the Centre for Policy and Legal Reform: • Viktor Ivanovych Shyshkin, Ph.D. in Law, judge of the Constitutional Court of Ukraine, Chair of the CPLR Supervisory Council. • Oleksandr Vitaliiovych Petryshyn, Doctor of Law, professor, President of the National Academy of Legal Sciences of Ukraine. • Oksana Ivanivna Syroid, Deputy Chair of the Verkhovna Rada of Ukraine. • Andrii Mykhailovych Boiko, Doctor of Law, professor, member of the High Council of Justice. • Andrii Anatoliiovych Meleshevych, Doctor of Philosophy, professor, President of the National University “Kyiv Mohyla Academy”. Board of the Centre of Policy and Legal Reform: • Ihor Borysovych Koliushko, Chair of the Board. • Victor PavlovychTymoshchuk, Deputy Chair of the Board. • Roman Oleksiiovych Kuybida, Deputy Chair of the Board. • Oleksandr Anatoliiovych Banchuk, member of the Board. • Mykola Ivanovych Khavroniuk, member of the Board. Executive Director: Mykola Volodymyrovych Stepanov. More details about the CPLR team available on our website Organizational chart »
  22. 22. pravo.org.ua | facebook.com/pravo.org.ua 21 CPLR activity report 2015 Centre of Policy and Legal Reform 4 Khreshchatyk str., of. 13 Kyiv, Ukraine, 01001 phone: +38 (044) 278-03-17 +38 (044) 278-15-55 fax: +38 (044) 278-16-55 www.pravo.org.ua centre@pravo.org.ua facebook.com/pravo.org.ua twitter.com/pravo_center slideshare.net/CentrePravo

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