The document is a newsletter from the Centre of Policy and Legal Reform (CPLR) that discusses recent reforms in Ukraine. It covers the following key points:
1. Martial law was imposed in several regions of Ukraine in response to Russia's attack. However, the decree did not sufficiently outline limitations on constitutional rights.
2. Changes were proposed to Ukraine's constitution regarding Euro-Atlantic integration, but the proposals face criticisms over ambiguous wording and potential conflicts.
3. The Constitutional Court will consider a case on its own independence over how judges are selected.
4. A new Ministry of Veterans' Affairs is being established, but experts argue its functions could be fulfilled by existing ministries without increasing
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
The monthly information bulletin of the Center of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
If you want to receive the monthly newsletter by mail, please send an e-mail to busol@pravo.org.ua (Yaryna Busol, communications manager of the CPLR).
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity
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.
CONTENTS
1. CPLR’s achievements over 21 years ... p.3
2. Year 2017 in constitutionalism ... p.5
3. Year 2017 in governance and public administration ... p.9
4. Year 2017 in judiciary ...p.15
5. Year 2017 in criminal justice ...p.19
6. Year 2017 in anticorruption ...p.23
7. CPLR as founder and active participant of CSOs coalitions ...p. 26
8. Analytical products and media activity ...p.29
9. Publications ... p.32
10. Budget ...p.33
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
The monthly information bulletin of the Center of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
If you want to receive the monthly newsletter by mail, please send an e-mail to busol@pravo.org.ua (Yaryna Busol, communications manager of the CPLR).
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity
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.
CONTENTS
1. CPLR’s achievements over 21 years ... p.3
2. Year 2017 in constitutionalism ... p.5
3. Year 2017 in governance and public administration ... p.9
4. Year 2017 in judiciary ...p.15
5. Year 2017 in criminal justice ...p.19
6. Year 2017 in anticorruption ...p.23
7. CPLR as founder and active participant of CSOs coalitions ...p. 26
8. Analytical products and media activity ...p.29
9. Publications ... p.32
10. Budget ...p.33
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
The report presents civil society assessment of the situation with the anti-corruption reform implementation in Ukraine, which is a continuation of the previous three reports for the period from 2013 to 2018. The present assessment was carried out partly by the same and partly by new experts, and it covers the period of 2019 and 2020, as well as some developments of 2021.
The present Report was prepared on the basis of a specially developed methodology for compressive internal assessment of the country’s progress in the anti-corruption sphere that was first use for preparation of a similar report in 2015 in four areas: 1) anti corruption policy; 2) prevention of corruption; 3) criminalization of corruption and law enforcement activities; and 4) international cooperation.
This publication offers not only an analysis of the situation, statistics and other information, but also specific conclusions and recommendations for legislators and law enforcement agencies. It will be useful for officers and official of the state authorities, local self-government bodies, civil society activities, journalists, researchers and others dealing with the problems related to prevention of corruption.
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity.
The Centre of Policy and Legal Reform continued implementing ongoing projects from previous years in most areas of activity. A key focus in 2018 was developing the Public Law and Administration Network to involve experts from major Ukrainian cities in reform processes. The State Bureau of Investigations began operating, achieving a long-term goal of the Centre. However, many areas saw decreasing reform potential from authorities as politicians began focusing on the 2019 elections. The Centre initiated an Electoral Council to promote meaningful election campaigns focused on social issues rather than populism. 2019 will be challenging due to the elections but the Centre remains committed to supporting European reforms in Ukraine.
This is the fifth edition of the I·CONnect-Clough Center Global Review of Constitutional Law. This 2020 Global Review assembles detailed but relatively brief reports on constitutional developments and cases in 63 jurisdictions during the past calendar year. The reports are authored by academic and/or judicial experts, and often the reports are co-authored by judges and scholars. The reports in this first-of-its-kind volume offer readers systematic knowledge that, previously, has been limited mainly to local networks rather than a broader readership. By making this information available to the larger field of public law in an easily digestible format, we aim to increase the base of knowledge upon which scholars and judges can draw. We expect to repeat the project every year with new annual reports, and we hope over time that coverage will grow to an even wider range of countries. We invite scholars and jurists from the presently non-covered jurisdictions to contact us about contributing a report in next year’s Global Review.
The report highlights the issues on the political parties willingness to implement a new law on the political parties financing; comprehensiveness of relevant legislation; the political parties statements on property, income, expenses and financial obligations for the first, second and third quarters of 2016; the reports form and quality; powers of the NAPC and other supervisory bodies and their interactions concerning the political party financing; applying sanctions for violations of the law on the political parties fin ancing.
The recommendations for removing restrictions on freedom of association and assembly for political parties in Ukraine for ensure political pluralism and the principle of competition in the upcoming presidential and parliamentary elections
The Human Rights Committee considered the seventh periodic report submitted by Ukraine (CCPR/C/UKR/7) at its 2980th and 2981st meetings (CCPR/C/SR.2980 and CCPR/C/SR.2981), held on 8 and 9 July 2013. At its 3002nd meetinп (CCPR/C/SR.3002), held on 23 July 2013, Ukraine received 23 recommendations. On 25 July 2018 the Ministry of Justice of Ukraine submitted the 8th periodic report to the HRCttee (CCPR/C/UKR/8).
The HRCttee will adopt list of questions to Ukraine in the 127th session. This submission highlights violations of the provisions of the ICCPR by the state of Ukraine relating to
● Restriction of the right to freedom of thought, conscience and religion (art.18)
● Restriction of the right to freedom of speech and opinion (art. 19, taking into
account recommendation 20 in CCPR / C /UKR/CO/7)
● Restriction of the right to freedom of association and peaceful assembly (arts. 21,
22)
● Restriction the language rights of national minorities (art. 27)
This shadow report was prepared by the All-Ukrainian Association "Successful Guards" (“Uspishna Varta”). “Uspishna Varta” is a human rights platform that unites lawyers, public figures, and volunteers to protect the political and civil rights and freedoms of citizens of Ukraine, as well as to provide support for people and organizations that are persecuted for heir political beliefs. The Economic and Social Council (ECOSOC) at its coordination and management meeting on 23rd July 2019 adopted the recommendation of the Committee on Non-Governmental Organizations (NGOs) to grant special consultative status to All-Ukrainian Association "Successful Guards".
The report is based on data obtained by the human rights platform "Uspishna varta" through conducting detailed interviews with victims and witnesses of human rights violations and infringements, experts and human rights defenders, as well as through carrying out activities to assist in the protection of human rights in documented cases.
Among them - the monitoring of trials, the advocacy of work with the duty bearers on the observance of human rights, nongovernmental organizations, and the media.
Content:
1. CPLR in Board Members’ Words
2. Achievements of CPLR for 20 years .
3. 2016 in:
1) constitutionalism
2) governance and public administration
3) justice
4) criminal justice
5) anti-corruption
6) information and e-governance
4. Publications of CPLR
5. CPLR as institutor and active participant in coalitions of civil
society organizations
6. Statistics of analytical products and media activity of CPLR
7. Financial account
8. Budget for 2016, projects, donors
9. Revenue budget from donors
The Centre of Policy and Legal Reform worked on several public administration reforms in 2020:
1) Reform of the Government and central executive bodies was discussed but the comprehensive law on this was not passed. Reforming ministries' structures continued but was not fully implemented.
2) Reforming Ukraine's 136 administrative districts required adapting the territorial organization of the executive branch, and a draft law on this was submitted to Parliament.
3) Proposed amendments to civil service laws were rejected, and the competitive selection process deteriorated during the pandemic when appointments were made without competition. However, a draft law was submitted to address this.
4) A draft general administrative procedure law was adopted in first reading with the aim to regulate public services
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms, in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption, 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.
Price of reforms. Anticorruption reform: cost and results Ruslan Bortnik
An anti-corruption court has not yet been established and is unlikely to work until 2020 (according to the presidential bill, 1 year is envisaged for its formation).
The amounts of funds returned to the NABU and SAP in the treasury do not cover the costs of their maintenance.
The percentage of convictions that came into force is 19.7% of the number of cases transferred to the NABU in court.
Out of 423 people's deputies, in just two years, 11 electronic declarations were submitted to NAPC.
Places in international anti-corruption ratings remain steadily low, and Western partners are unhappy with the progress of fighting corruption and attacks on anti-corruption activists.
This document summarizes a report by the Ukrainian human rights platform "Uspishna Varta" on the state of political and civil rights in Ukraine from July to September 2018. It found 68 violations, a 17% increase over the previous period. Freedom of speech faced challenges from new legislation allowing censorship of media and blocking of websites, as well as increased attacks on journalists and pressure on independent media through inspections and fines by the National Council on TV and Radio Broadcasting. In particular, the TV channels "NewsOne" and "112" faced systematic attacks after a change in ownership. Overall, the report assessed the human rights situation and monitored violations of the rights to freedom of speech, assembly, conscience, and political participation.
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity.
On January 18th 2019, the "Uspishna Varta" human rights platform received permission from the Central Election Commission (hereinafter - the CEC) to have its official election observers.
Observation is carried out via the work of more than 100 long-term and short-term observers in constituencies; interviews with representatives of candidate headquarters, election commissions, the media community, and the public sector; the collection of information from public sources of information.
This report was formed following the results of observation for the period of 1st-28th March 2019 in order to inform the Ukrainian and international community about the course of the electoral process in Ukraine and violations that may affect the free will of citizens and the election's result.
The document summarizes human rights violations in the self-proclaimed Luhansk People's Republic and Donetsk People's Republic. It finds that the quasi-regulatory frameworks of the LNR and DNR directly violate human rights through restrictions on freedom of expression, association, and other civil liberties as defined in international law. The political systems are effectively one-man dictatorships dominated by the heads of the LNR and DNR. Socioeconomically, prices are higher for most goods while pensions and salaries paid in Russian rubles are worth less than those provided by Ukraine.
Editorship by Ihor Koliushko, — Kyiv, 2005. — 272 p. This is a study of the constitutional, administrative and judicial reforms in Ukraine prepared by the Centre for Political and Legal Reforms. The edition also cоntains conceptual materials and reform draft legislation developed by the Centre.
Imf government of ukraine report on diagnostic study of governance issues ...Andrew Gelston
This document summarizes a diagnostic study by the Government of Ukraine on governance issues related to corruption, business climate, and judicial effectiveness. It finds widespread agreement that corruption is pervasive, the business climate is hampered by an overbearing regulatory framework, and the judiciary is ineffective in resolving commercial disputes. Reforms have begun but much remains to be done. Powerful political and economic elites have formed entrenched networks that control public institutions for self-enrichment. A window of opportunity exists after recent political changes, but sustained political will is needed to overcome vested interests and push reforms forward.
The report summarizes the monitoring of Ukraine's 2019 presidential election conducted between December 2018 and February 2019. It finds that while the legal framework is sufficient, further efforts are needed to ensure stable and unified election laws. Some new laws have been passed that could negatively impact the vote, such as restricting international election observers from Russia. The candidate registration process complied with the law, but some candidates may be "technical" in nature. Violations have been observed during campaigning. The use of state resources by the incumbent president is a concern. Ensuring free and fair elections will require continued monitoring and addressing issues around voter and candidate rights.
2017 Romanian protests - A legal and an open government perspectivePoint_conference
The document summarizes protests that occurred in Romania in 2017 in response to government actions seen as weakening rule of law. It provides a chronology of events, including the government passing an emergency decree decriminalizing abuse of power offenses and proposing crime pardons, resulting in massive protests. After protests, the government repealed the decree but proposed similar bills, sustaining protests. The constitutional court both protected fundamental rights but also ruled the government's actions did not violate the constitution, showing mixed views. Despite challenges, checks and balances have remained in Romania and EU integration support remains strong.
Digest for May-June 2018 is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police, prosecution authorities, State Bureau of Investigation and criminal justice legislation
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
etc.
The report presents civil society assessment of the situation with the anti-corruption reform implementation in Ukraine, which is a continuation of the previous three reports for the period from 2013 to 2018. The present assessment was carried out partly by the same and partly by new experts, and it covers the period of 2019 and 2020, as well as some developments of 2021.
The present Report was prepared on the basis of a specially developed methodology for compressive internal assessment of the country’s progress in the anti-corruption sphere that was first use for preparation of a similar report in 2015 in four areas: 1) anti corruption policy; 2) prevention of corruption; 3) criminalization of corruption and law enforcement activities; and 4) international cooperation.
This publication offers not only an analysis of the situation, statistics and other information, but also specific conclusions and recommendations for legislators and law enforcement agencies. It will be useful for officers and official of the state authorities, local self-government bodies, civil society activities, journalists, researchers and others dealing with the problems related to prevention of corruption.
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity.
The Centre of Policy and Legal Reform continued implementing ongoing projects from previous years in most areas of activity. A key focus in 2018 was developing the Public Law and Administration Network to involve experts from major Ukrainian cities in reform processes. The State Bureau of Investigations began operating, achieving a long-term goal of the Centre. However, many areas saw decreasing reform potential from authorities as politicians began focusing on the 2019 elections. The Centre initiated an Electoral Council to promote meaningful election campaigns focused on social issues rather than populism. 2019 will be challenging due to the elections but the Centre remains committed to supporting European reforms in Ukraine.
This is the fifth edition of the I·CONnect-Clough Center Global Review of Constitutional Law. This 2020 Global Review assembles detailed but relatively brief reports on constitutional developments and cases in 63 jurisdictions during the past calendar year. The reports are authored by academic and/or judicial experts, and often the reports are co-authored by judges and scholars. The reports in this first-of-its-kind volume offer readers systematic knowledge that, previously, has been limited mainly to local networks rather than a broader readership. By making this information available to the larger field of public law in an easily digestible format, we aim to increase the base of knowledge upon which scholars and judges can draw. We expect to repeat the project every year with new annual reports, and we hope over time that coverage will grow to an even wider range of countries. We invite scholars and jurists from the presently non-covered jurisdictions to contact us about contributing a report in next year’s Global Review.
The report highlights the issues on the political parties willingness to implement a new law on the political parties financing; comprehensiveness of relevant legislation; the political parties statements on property, income, expenses and financial obligations for the first, second and third quarters of 2016; the reports form and quality; powers of the NAPC and other supervisory bodies and their interactions concerning the political party financing; applying sanctions for violations of the law on the political parties fin ancing.
The recommendations for removing restrictions on freedom of association and assembly for political parties in Ukraine for ensure political pluralism and the principle of competition in the upcoming presidential and parliamentary elections
The Human Rights Committee considered the seventh periodic report submitted by Ukraine (CCPR/C/UKR/7) at its 2980th and 2981st meetings (CCPR/C/SR.2980 and CCPR/C/SR.2981), held on 8 and 9 July 2013. At its 3002nd meetinп (CCPR/C/SR.3002), held on 23 July 2013, Ukraine received 23 recommendations. On 25 July 2018 the Ministry of Justice of Ukraine submitted the 8th periodic report to the HRCttee (CCPR/C/UKR/8).
The HRCttee will adopt list of questions to Ukraine in the 127th session. This submission highlights violations of the provisions of the ICCPR by the state of Ukraine relating to
● Restriction of the right to freedom of thought, conscience and religion (art.18)
● Restriction of the right to freedom of speech and opinion (art. 19, taking into
account recommendation 20 in CCPR / C /UKR/CO/7)
● Restriction of the right to freedom of association and peaceful assembly (arts. 21,
22)
● Restriction the language rights of national minorities (art. 27)
This shadow report was prepared by the All-Ukrainian Association "Successful Guards" (“Uspishna Varta”). “Uspishna Varta” is a human rights platform that unites lawyers, public figures, and volunteers to protect the political and civil rights and freedoms of citizens of Ukraine, as well as to provide support for people and organizations that are persecuted for heir political beliefs. The Economic and Social Council (ECOSOC) at its coordination and management meeting on 23rd July 2019 adopted the recommendation of the Committee on Non-Governmental Organizations (NGOs) to grant special consultative status to All-Ukrainian Association "Successful Guards".
The report is based on data obtained by the human rights platform "Uspishna varta" through conducting detailed interviews with victims and witnesses of human rights violations and infringements, experts and human rights defenders, as well as through carrying out activities to assist in the protection of human rights in documented cases.
Among them - the monitoring of trials, the advocacy of work with the duty bearers on the observance of human rights, nongovernmental organizations, and the media.
Content:
1. CPLR in Board Members’ Words
2. Achievements of CPLR for 20 years .
3. 2016 in:
1) constitutionalism
2) governance and public administration
3) justice
4) criminal justice
5) anti-corruption
6) information and e-governance
4. Publications of CPLR
5. CPLR as institutor and active participant in coalitions of civil
society organizations
6. Statistics of analytical products and media activity of CPLR
7. Financial account
8. Budget for 2016, projects, donors
9. Revenue budget from donors
The Centre of Policy and Legal Reform worked on several public administration reforms in 2020:
1) Reform of the Government and central executive bodies was discussed but the comprehensive law on this was not passed. Reforming ministries' structures continued but was not fully implemented.
2) Reforming Ukraine's 136 administrative districts required adapting the territorial organization of the executive branch, and a draft law on this was submitted to Parliament.
3) Proposed amendments to civil service laws were rejected, and the competitive selection process deteriorated during the pandemic when appointments were made without competition. However, a draft law was submitted to address this.
4) A draft general administrative procedure law was adopted in first reading with the aim to regulate public services
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms, in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption, 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.
Price of reforms. Anticorruption reform: cost and results Ruslan Bortnik
An anti-corruption court has not yet been established and is unlikely to work until 2020 (according to the presidential bill, 1 year is envisaged for its formation).
The amounts of funds returned to the NABU and SAP in the treasury do not cover the costs of their maintenance.
The percentage of convictions that came into force is 19.7% of the number of cases transferred to the NABU in court.
Out of 423 people's deputies, in just two years, 11 electronic declarations were submitted to NAPC.
Places in international anti-corruption ratings remain steadily low, and Western partners are unhappy with the progress of fighting corruption and attacks on anti-corruption activists.
This document summarizes a report by the Ukrainian human rights platform "Uspishna Varta" on the state of political and civil rights in Ukraine from July to September 2018. It found 68 violations, a 17% increase over the previous period. Freedom of speech faced challenges from new legislation allowing censorship of media and blocking of websites, as well as increased attacks on journalists and pressure on independent media through inspections and fines by the National Council on TV and Radio Broadcasting. In particular, the TV channels "NewsOne" and "112" faced systematic attacks after a change in ownership. Overall, the report assessed the human rights situation and monitored violations of the rights to freedom of speech, assembly, conscience, and political participation.
Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police,
prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published
with the aim to better inform the society, expert community and international institutions on the state of
reforming mentioned authorities and spheres of their activity.
On January 18th 2019, the "Uspishna Varta" human rights platform received permission from the Central Election Commission (hereinafter - the CEC) to have its official election observers.
Observation is carried out via the work of more than 100 long-term and short-term observers in constituencies; interviews with representatives of candidate headquarters, election commissions, the media community, and the public sector; the collection of information from public sources of information.
This report was formed following the results of observation for the period of 1st-28th March 2019 in order to inform the Ukrainian and international community about the course of the electoral process in Ukraine and violations that may affect the free will of citizens and the election's result.
The document summarizes human rights violations in the self-proclaimed Luhansk People's Republic and Donetsk People's Republic. It finds that the quasi-regulatory frameworks of the LNR and DNR directly violate human rights through restrictions on freedom of expression, association, and other civil liberties as defined in international law. The political systems are effectively one-man dictatorships dominated by the heads of the LNR and DNR. Socioeconomically, prices are higher for most goods while pensions and salaries paid in Russian rubles are worth less than those provided by Ukraine.
Editorship by Ihor Koliushko, — Kyiv, 2005. — 272 p. This is a study of the constitutional, administrative and judicial reforms in Ukraine prepared by the Centre for Political and Legal Reforms. The edition also cоntains conceptual materials and reform draft legislation developed by the Centre.
Imf government of ukraine report on diagnostic study of governance issues ...Andrew Gelston
This document summarizes a diagnostic study by the Government of Ukraine on governance issues related to corruption, business climate, and judicial effectiveness. It finds widespread agreement that corruption is pervasive, the business climate is hampered by an overbearing regulatory framework, and the judiciary is ineffective in resolving commercial disputes. Reforms have begun but much remains to be done. Powerful political and economic elites have formed entrenched networks that control public institutions for self-enrichment. A window of opportunity exists after recent political changes, but sustained political will is needed to overcome vested interests and push reforms forward.
The report summarizes the monitoring of Ukraine's 2019 presidential election conducted between December 2018 and February 2019. It finds that while the legal framework is sufficient, further efforts are needed to ensure stable and unified election laws. Some new laws have been passed that could negatively impact the vote, such as restricting international election observers from Russia. The candidate registration process complied with the law, but some candidates may be "technical" in nature. Violations have been observed during campaigning. The use of state resources by the incumbent president is a concern. Ensuring free and fair elections will require continued monitoring and addressing issues around voter and candidate rights.
2017 Romanian protests - A legal and an open government perspectivePoint_conference
The document summarizes protests that occurred in Romania in 2017 in response to government actions seen as weakening rule of law. It provides a chronology of events, including the government passing an emergency decree decriminalizing abuse of power offenses and proposing crime pardons, resulting in massive protests. After protests, the government repealed the decree but proposed similar bills, sustaining protests. The constitutional court both protected fundamental rights but also ruled the government's actions did not violate the constitution, showing mixed views. Despite challenges, checks and balances have remained in Romania and EU integration support remains strong.
Digest for May-June 2018 is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police, prosecution authorities, State Bureau of Investigation and criminal justice legislation
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
etc.
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
This report presents empirical data on the work of the Verkhovna Rada of Ukraine in the period from February 2022 to June 2023 (some statistical indicators are displayed as of April or May 2023). The authors focused specifically on the legislative function, because it was the main activity of the Parliament during the analyzed time period.
The document summarizes the activities and achievements of the Centre of Policy and Legal Reform (CPLR) in 2019. Key points include:
1. The CPLR advocated for constitutional reforms in Ukraine and monitored elections, but faced difficulties engaging with new government bodies following elections. However, the CPLR remained committed to its principles and open to cooperation.
2. The CPLR's work focused on areas like constitutionalism, governance, anti-corruption and more. On constitutionalism, they advocated for limiting parliamentary immunity and published foreign constitutions in Ukrainian.
3. The elections in 2019 led to a change in government and initially low engagement with the CPLR, but their expertise was later
The Centre of Policy and Legal Reform worked on several public administration reforms in 2020, including:
1) Reform of the Government and central executive bodies, although the comprehensive law on this was not adopted.
2) Continuing reform of ministries' organization, though not all followed best practices.
3) Successfully reforming Ukraine's district-level administrative-territorial structure from 490 to 136 districts.
4) Developing general administrative procedure legislation, though civil service reforms faced challenges.
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
If you want to receive the monthly newsletter by mail, please send an e-mail to busol@pravo.org.ua (Yaryna Busol, communications manager of the CPLR).
Підсумки проекту «Посилення ролі громадянського суспільства у забезпеченні демократичних реформ і якості державної влади», що реалізувався ЦППР за підтримки Європейського Союзу протягом 1 жовтня 2017 року – 30 вересня 2019 року.
How long can the term of office of the Polish parliament last? A legal-consti...Przegląd Politologiczny
The document analyzes the length of parliamentary terms of office in Poland based on legal rules in the Polish Constitution. It finds that while the Constitution states terms are normally 4 years, they can be shorter or longer in certain situations. The shortest possible term could be as little as 43 days if the Sejm shortens its term during its first session and elections are held as soon as legally possible. A normal term could be slightly less than 4 years or slightly more, up to a few weeks longer, depending on election timing. The document concludes current rules may need amendment to ensure minimum 4-year normal terms and regulate post-emergency elections.
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
List of Recommendations for the Conference “The Role of the Parliament, the H...radaprogram
Improving legislative process quality is an urgent present-day need, in view of the necessity for carrying out a number of most pressing legal reforms in different areas of social life requiring optimization specifically of the legislative procedure.
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
If you want to receive the monthly newsletter by mail, please send an e-mail to busol@pravo.org.ua (Yaryna Busol, communications manager of the CPLR).
Digest for March-April 2018 is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police, prosecution authorities, State Bureau of Investigation and criminal justice legislation
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
If you want to receive the monthly newsletter by mail, please send an e-mail to media@pravo.org.ua.
B. Malyshev. Legal regulation of the Police in the reform context (2016)Eugene Krapyvin
This publication is a translation of Chapter I of report "Human rights in the activity of the Ukrainian police - 2016" (published on March, 2017 in Ukrainian - http://police-experts.info/periodicals/pl-2016/)
The CPLR provided legal and constitutional expertise to support Ukraine's democratic institutions during the war with Russia. They launched an initiative called "Law in Wartime" to analyze legislation and inform the public. Some of their contributions included advising on compliance of draft laws with the constitution, monitoring political situations and legislation, and developing recommendations on issues like judicial reform. The CPLR also advocated for prohibiting political parties that threaten national security and established ethical standards for members of parliament. Their expertise aimed to ensure Ukraine's laws and democratic processes remained strong while adapting to the realities of wartime.
This document summarizes reports of human rights violations in Ukraine related to social security and education. It describes how the government terminated social payments for residents of uncontrolled eastern territories, violating their rights to social security. It also details how the rights of temporarily displaced persons were violated through complicated procedures to receive pension payments. Regarding education, it notes the law restricts education in minority languages like Russian, violating rights. It concludes the government has failed to comply with international covenants on economic, social and cultural rights.
В аналітичному звіті проаналізовано виклики, пов'язані з питаннями дисциплінарної відповідальності суддів, та запропоновано низку заходів для їх усунення
The White Paper proposes ways to improve the preparation of draft laws by the subjects of legislative initiative and the plan of legislative work of the Verkhovna Rada of Ukraine, improvement of the examination of draft legal acts, approaches to the formation of committees and enhancement of their role in the legislative process, the procedure for consideration and adoption of draft acts by the Parliament, proposals to overcome the so-called legislative spam, monitoring the implementation of laws, and the need to determine the specifics of the legislative process under the martial law regime
The object of this study is the decisions of the High Anti-Corruption Court and courts of general jurisdiction in criminal proceedings on corruption and corruption-related criminal offenses, and its subject is the general trends in the practice of applying the provisions of criminal and criminal procedural legislation in proceedings on corruption and corruption-related criminal offenses.
This study proposes to use the example of judicial reform to find a balance of flexibility and clarity to improve the effectiveness of Ukraine’s accession negotiations. This paper proposes a methodological approach to address these challenges, focusing on a normative and empirical analysis of the judiciary in Ukraine and offering policy recommendations that are appropriate for different stages of the negotiation process.
The White Paper contains an action plan to address the problematic issues of post-war elections and recommendations for the parties involved in the electoral process. Among other things, the recommendations will contain a list of proposed solutions to the most pressing problems that should be resolved before the election process is announced, with arguments for the necessary time frame for their implementation.
The discussions were conducted by the Center for Political and Legal Reforms, the International Foundation for Electoral Systems (IFES) in Ukraine, the Civil Network OPORA and the All-Ukrainian Initiative "Active Community" from the Institute "Respublica" with the support of the National Democratic Institute (NDI), the United States Agency for International Development (USAID), Global Affairs Canada and British aid from the UK Government.
Center for Policy and Legal Reform has translated the OECD study "The Role and Functions of the Center of Government in the Eastern Partnership Region of the European Neighborhood Policy". The translation was carried out within the framework of the USAID RADA: The Next Generation". The study focuses on the role and functioning of the center of government in the Eastern Partnership countries.
У Звіті представлені емпіричні дані щодо роботи Верховної Ради України у період з лютого 2022 року до червня 2023 року (окремі статистичні показники відображено станом на квітень та травень 2023 року). Автори сконцентрувалися саме на законодавчій функції, адже вона була основною в діяльності парламенту протягом аналізованого періоду часу.
The book defines the concepts of oligarchs, de-oligarchization and their peculiarities in Ukraine, examines the causes and conditions of the emergence of oligarchs in Ukraine, critically analyzes the anti-oligarchic legislation of Ukraine, in particular in comparison with the relevant acts of some other states, and outlines the peculiarities of its implementation and other anti-oligarchic measures of the state.
The author provides conclusions and recommendations that can be used in further implementation of the de-oligarchization policy by representatives of the state authorities (in particular, the President of Ukraine, members of the Parliament of Ukraine, members of the Cabinet of Ministers of Ukraine, the National Security and Defense Council of Ukraine, officials of the Antimonopoly Committee of Ukraine, the National Bank of Ukraine, the National Energy and Utilities Regulatory Commission, the State Property Fund of Ukraine, prosecutors and law enforcement agencies, and judges of the High Anti-Corruption Court).
This publication provides information on the steps needed in the area of state policy aimed at depoliticizing prosecutorial and law enforcement agencies, particularly by introducing competitive principles for the appointment of the Prosecutor General and leaders of law enforcement agencies, based on the practices of the EU states and the United Kingdom.
The publication is intended for a wide range of legal professionals, scholars, employees of prosecutor’s offices and law enforcement agencies, as well as anyone interested in the reform of law and order system in Ukraine.
The publication contains information on the necessary steps in the field of public policy to depoliticize prosecution and law enforcement agencies in terms of introducing competitive principles for the appointment of the Prosecutor General and heads of law enforcement agencies based on the experience of the EU and the United Kingdom. The publication is intended for a wide range of lawyers, academics, prosecutors, law enforcement officials and anyone interested in reforming the law enforcement system in Ukraine.
The book defines the concepts of oligarchs, de-oligarchization and their peculiarities in Ukraine, examines the causes and conditions of the emergence of oligarchs in Ukraine, critically analyzes the anti-oligarchic legislation of Ukraine, in particular in comparison with the relevant acts of some other states, and outlines the peculiarities of its implementation and other anti-oligarchic measures of the state.
The White Paper on the Legislative Process is an analytical document prepared by the experts of the Centre of Policy and Legal Reform, which proposes ways and means to solve the problems of the legislative process in Ukraine, summarized in the Green Paper. The draft White Paper was developed within the framework of the Next Generation Rada (RANG) project.
A joint study by the Democracy Reporting International, Reanimation Package of Reforms Coalition and Center of Policy and Legal Reform of the functioning of Ukraine's democratic institutions during the war
Спільне дослідження Центру політико-правових реформ, Коаліції Реанімаційний Пакет Реформ та Democracy Reporting International стосовно функціонування демократичних інститутів України під час війни
У межах проєкту «Україна після перемоги: підготовка і комунікація реформ для реалізації “Бачення України — 2030”» робоча група сформувала концепцію парламентської реформи
Порадник для ВПО створено, щоб максимально спростити внутрішньо переміщеним особам (ВПО) пошук необхідної інформації. Ми спробували зібрати в одному місці відповіді на найбільш актуальні питання і потреби ВПО, яка щойно змінила громаду проживання та намагається облаштувати своє життя на новому місці.
Вам пропонується інформація щодо усіх гарячих урядових ліній, де можна з’ясувати усе, що Вас цікавить, щодо міжнародних організацій, які працюють в Україні та надають гуманітарну допомогу, а також інформація щодо того, як і де отримати найактуальніші послуги для переселенця.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
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www.pravo.org.ua
www.pravo.org.ua
NEWSLETTER № 13/2018(November)
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
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.
The newsletter was created with the support of the European Union.
The content of the publication is not a reflection of the official position of the European Union.
22 YEARS OF THE CENTRE
OF POLICY AND LEGAL REFORM
CONSTITUTiON
EFFECTIVE GOVERNMENT
FRIENDLY
ADMINISTRATION
OUR ACHIEVEMENTS
FOR 22 YEARS
FAIR TRIAL
HONEST LAW ENFORCEMENT
AUTHORITIES
ANTIcorruption
ANNOUNCEMENTS
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NEWSLETTER No 13/2018(November, 2018)
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CONSTITUTiON
Imposing of martial law
Ukraine has introduced a legal regime of martial law in
10 oblasts for 28 days, starting from November 28. At night,
November 26, the NSDC of Ukraine approved a decision to
propose to the President of Ukraine introducing a martial
law regime for 60 days throughout Ukraine. However, by
the new Decree No. 393, the President proposed to reduce
this period to 30 days. The Verkhovna Rada of Ukraine
adopted the decree with a reservation on its introduction
on the territory of the following oblasts: Vinnytsia,
Lugansk, Mykolayiv, Odesa, Sumy, Kharkiv, Chernihiv, as
well as Donetsk, Zaporizhzhya, Kherson and inland waters
of Azov-Kerch water area.
President and the Verkhovna Rada of Ukraine did not
specify in the Decree and in the Law accordingly the list
of constitutional rights that are limited during the martial
law, and the scope of their limitation, which may give rise
to unjustified violations of constitutional rights of citizens
by state bodies.
Changes to the Constitution
regarding the Euro-Atlantic course
of Ukraine
On November 22, the Verkhovna Rada of Ukraine by
the votes of 311 people’s deputies preliminary supported
the draft law No. 9037 on the Euro-Atlantic course. A few
hours before this vote, the Constitutional Court of Ukraine
adopted a positive Opinion on the compliance of the draft
law No. 9037 with Articles 157, 158 of the Constitution,
which gave “green light” for its consideration by the
Parliament.
Unfortunately, the Constitutional Court of Ukraine
limited itself to a formal statement of the compliance of
the presidential draft law with the provisions of Art. 157,
158 of the Constitution and did not indicate its significant
shortcomings and possible risks of the implementation of
presumably new constitutional provisions. Therefore, we
are forced to publicly warn the Parliament against further
adoption of the draft law in the current version without
further elaboration and to pay attention to the following
drawbacks and threats to the draft law:
1. Text of the draft law uses the term “full membership”
three times. Statutory documents of the EU and NATO do
not contain the concept of “full membership”, which raises
doubts about such a wording.
2. Draft law proposes a new wording of paragraph 5 of
part one of Article 85 of the Constitution, which raises the
problem of ambiguous interpretation of these powers of
the Parliament, and therefore does not correspond to the
principle of legal certainty. The question arises whether the
Parliament should adopt a separate law on the principles
of implementing the strategic course of the state towards
full membership of Ukraine in the European Union and in
the North Atlantic Treaty Organization, or should every
law take into account the need to implement the strategic
course of the state.
3. Draft law proposes to supplement Article 102 with a
new part that can create conflicts between the Parliament
and the President, the President and the Government and
even lead to constitutional crises. It should be reminded
that the draft law proposes to supplement the powers
of the Parliament with definition of the principles of the
implementation of the Euro-Atlantic course, and powers
of the Government with ensuring implementation of the
policy.
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NEWSLETTER No 13/2018(November, 2018)
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Yulia Kirichenko: “Under conditions of weak
judicial power, tendencies of the power
authorities in general to use of the Consti
tutional Court to serve their own interests,
can an “individual opinion” of a judge save
the situation. However, where is the red line
for “individual opinion” and can it give raise
liability?“
In our opinion, we can restrict ourselves to declaring
a Euro-Atlantic course in the Preamble to the Constitution
and eliminating the provision on the use of existing military
bases on the territory of Ukraine for the temporary stay of
foreign military formations.
Consequently, we urge the Parliament to refrain from
final adoption of the presidential draft law in the proposed
wording without taking into account the comments made.
We propose to amend the draft law, re-submit it to the
Constitutional Court of Ukraine, and then finally adopt it.
Constitutional Court will consider
the issues of its independence
On November 29, 47 people’s deputies submitted
a constitutional petition to the Constitutional Court
of Ukraine on the verification of compliance with the
Constitution of Ukraine of Article 208-4 of the Rules of
Procedure of the Verkhovna Rada of Ukraine (regarding
the submission of a proposal for a candidate for the
position of a judge of the Constitutional Court of Ukraine
by a deputy faction (deputy group). The specified norm
is questionable in terms of constitutionality, in particular,
compliance with Article 148 of the Constitution of Ukraine,
which does not establish requirements for the CCU
judges to be supported by parliamentary factions and
groups. In fact, it sets the principle of the formation of the
Constitutional Court in the Parliament based on political
support. Instead, the constitutional changes of 2016 in
response to the challenge of the political dependence
of the Constitutional Court of Ukraine introduced such
new requirements for the CCU judge as high moral
standards and a recognized degree of lawyer, as well as
a competitive selection of candidates for the positions of
the CCU judges.
At present, the Constitutional Court of Ukraine is
expected to open constitutional proceedings.
Individual opinion:
controversial issues
On Novemver 23, the Centre of Policy and Legal
Reform held an expert discussion “Individual Opinion:
Controversial Issues” involving the judges of the Consti
tutional Court of Ukraine, the Supreme Court, members
of the High Council of Justice, the High Qualifications
Commission of Judges, scientists and experts. Participants
of the event discussed the nature of the institute of
individual opinion and the controversial issues that arose
in the context of the implementation of the rule of law
principle and the risks of undermining the authority of a
collegiate state body.
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NEWSLETTER No 13/2018(November, 2018)
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EFFECTIVE GOVERNMENT
New ministry is being created
in Ukraine
Ministry of Veterans Affairs is being set up In Ukraine.
In November, Iryna Frisz was appointed head of the
agency. The staff structure of the Ministry has not yet
been established and approved. According to I. Frisz, the
Ministry will be able to start working in June next year.
There were many discussions around the issue of
the establishment of the Ministry. Back in February, the
Verkhovna Rada adopted a Resolution, in which the
Parliament requests the Government to create on the basis
of the State Service of War Veterans and Participants of
the Antiterrorist Operation the Ministry of Veterans Affairs,
a central executive authority responsible for the formation
and implementation of state policy in the area of social
protection of war veterans.
Some people support the decision on the creation of
this ministry while others do not. The CPLR experts share
the opinion of those specialists who consider the creation
of the ministry to be an unjustified step.
In no way we question the importance and necessity
of the “establishment of a clear state strategy to overcome
short-term and long-term consequences of military
aggression against Ukraine, including an effective social
protection system of war veterans” mentioned in the
Resolution. Also, the fact that “complex system of state
authorities dealing with these issues (more than 20
ministries, departments, as well as local self-government
bodies and local executive bodies), leads to bureaucratic
chaos and prevents timely and complete resolution
of important social issues for anti-terrorist operations
participants”.
However, according to the CPLR experts, these
obviously important tasks for the state can be resolved
without the creation of an additional ministry and,
accordingly, the expansion of the bureaucratic apparatus
and spending budget funds on it. These tasks could
be fulfilled either by the Ministry of Social Policy or
the Ministry of Defense. After all, the competence of
the Ministry of Veterans Affairs is too narrow for the
ministry. Moreover, its intended functions are more likely
the functions for the implementation of state policy,
while the ministry should be focused on its formation.
Therefore, activities of the new ministry will in the best
case correspond to the ministry’s status only by half.
Interference of the Verkhovna Rada with the issue of the
creation of the ministry is controversial as it is the exclusive
competence of the Government.
In November, there were other changes in the
composition of the Government. Parliament has resigned
Taras Kutovyi, Minister of Agricultural Policy and Food, and
appointed Oksana Markarova, Minister of Finance, who
was acting in this capacity.
Acting Minister status raises many legal issues,
primarily due to the fact that the Law “On the Cabinet
of Ministers of Ukraine” stipulates that the Government
consists of ministers and not acting ministers. Despite
this, Ukraine has no Minister of Health for 2.5 years, and
the Prime Minister does not submit an application for
appointment to this post.
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NEWSLETTER No 13/2018(November, 2018)
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FRIENDLY
ADMINISTRATION
Issuing a driver’s license and
registration of a car:
new rules – old problems
On November 1, the Verkhovna Rada of Ukraine regis
tered a draft Law No. 9251, which provides for changes
in the provision of administrative services for issuing a
driver’s license and registration of vehicles.
Positive innovations of the draft law include, first of
all, the definition of the lists of documents required for
each of the administrative services, as well as the exact
amount of payment for their provision. Currently these
issues are regulated at the level of by-laws, which in
practice leads to non-transparent payments for services,
as well as unjustified requirements to citizens to submit
additional documents (as evidenced by the area of
passport services). Finally, these issues are proposed to
be settled in the law.
However, the draft law also contains shortcomings.
Firstly, the draft law does not contain provisions on
the delegation of authority to issue/exchange a driver’s
license and the registration/re-registration of vehicles from
the Ministry of Internal Affairs to local self-government
bodies although this was envisaged by the Action Plan for
implementing Public Administration Reform Strategy for
2016-2020 for the second quarter of 2018. Decentralization
of these services should bring them closer to consumers,
as well as promote their integration into the centers of the
provision of administrative services (CPASs).
Secondly, the mechanism of dual exams (first in the
driving schools, and then in the territorial bodies of the
Ministry of Internal Affairs) remains. Since the draft law
provides for a mechanism of control by the Ministry of
Internal Affairs of the driver training centers (accreditation,
certification of their specialists, etc.), only these centers
must take examinations. If such institutions provide poor-
quality training for drivers, the Ministry of Internal Affairs
is authorized to apply sanctions against them.
Thirdly, the draft law provides for the issuance of a
driver’s license only with a contactless electronic carrier
(CEC). This, in turn, will lead to increasing its price and the
need for expensive infrastructure to issue such documents
and work with them. At the same time, owners of the CEC
driver’s license receive no benefits. This is also not part of
Ukraine’s commitment to the EU.
Fourthly, the draft law provides for reconciliation,
inspection, study of the vehicle number and identification
numbers of the carbody, frame (chassis) during
its registration. Such procedures are completely
inappropriate during these registration actions. They
cause extra bureaucratic obstacles. In particular, they
complicate the process of integrating these services
into the CPASs, as they require obligatory equipment of
observation platforms. It is expedient to carry out the said
reconciliation and inspection only during the technical
inspection of vehicles, which must be made mandatory for
all drivers without exception.
“Great breakthrough is that finally the
list of documents and the fees for the
administrative services of the Ministry of
Internal Affairs is proposed to be fixed at the
level of the law. However, other outstanding
issues remain. These are “double” exams,
unwillingness to decentralize these services,
unnecessary overview of car components
during its registration. The draft law should
solve these problems as well. In this case it
can be called a progressive act”, – noted
the CPLR expert Viktor Tymoshchuk.
6. In November, the Centre of Policy and Legal Reform celebrated 22-nd annivesary. On this
occasion we review the results and share the achievements of our organization during this time.
Constitution and parliamentarism
• Lobbying (in 1998-2002) of the transparency of the activities of the Verkhovna Rada of Ukraine, in particular
publication of the website www.zakon.gov.ua of the draft laws submitted to the Parliament even before they
were available on the Parliament’s website.
• Preparation of Green and White Books on Constitutional Reform, which contain respectively the list of
problems of the Constitution of Ukraine and suggestions on their solution.
• Active participation in improving the legislation and practice related to the freedom of peaceful assembly
and the freedom of associations, including participation in the development of the draft Law “On Public
Associations” adopted in 2012.
• Fighting against unconstitutional powers of parliamentary political parties to exclude candidates to people’s
deputies of Ukraine from the election list of a political party after the publication of the results of voting, which
were canceled by the Constitutional Court of Ukraine in 2017.
• Fighting against unconstitutional Law “On All-Ukrainian Referendum”, adopted in 2012. It was canceled by
the Constitutional Court of Ukraine in 2018. Development of a new draft Law “On All-Ukrainian Referendum”,
which is under consideration in the Verkhovna Rada of Ukraine.
• Strengthening the independence of constitutional justice through monitoring of contests for the positions of
judges of the CCU, the activities of the CCU, information and education activities.
22 YEARS OF THE CENTRE
OF POLICY AND LEGAL REFORM
Executive power
• Participation in the development of the Concept of Administrative Reform in Ukraine, approved by the
President of Ukraine in 1998.
• Development of the Law “On Local State Administrations”, adopted in 1999.
• Development of the Law “On the Cabinet of Ministers of Ukraine”. The CPLR experts struggled for its adoption
since 1996. Eight times it was passed by the Verkhovna Rada of Ukraine and subsequently vetoed by the
President of Ukraine. As a result, the law was adopted in 2008 (in 2010-2011, it was substantially damaged
by Yanukovych’s regime, but in 2014 the law mostly returned to the previous version).
• Development in 2002 and advocacy of the draft law “On Central Executive Authorities”. The law was adopted
in 2011 with amendments that generally worsened its quality.
• Development in 2008 of the Law “On Access to Public Information”, which was adopted in 2011 after a broad
mass media and public organizations campaign.
• Participation in the development of concepts and a package of draft laws on administrative and territorial
reform and decentralization (2008-2009, 2014).
• Participation in the development and long-term (2005-2015) advocacy of the new Law “On Civil Service”
(2015), which came into force on May 1, 2016. Preparation of scientific and practical commentary to it and
rendering assistance in its implementation.
• In 2016, the government launched a ministerial reform aimed at introducing effective policy analysis and
strategic planning practice in the ministries. The CPLR has advocated this reform since 2005, and now the
Centre is actively working on its further implementation.
• Participation in the development of the draft law “On Public Consultations” (introduced by the Government
for consideration to the Parliament in 2018).
7. Judiciary
• Preparation of the Draft Law “On Access to Court Decisions”, adopted in 2005. On its basis, the Unified State
Register of Court Decisions is currently operating.
• Development of the concept for the creation of administrative courts in Ukraine and the Code of Administrative
Justice, adopted in 2005. A scientific and practical commentary was also prepared for it.
• Participation in the development and advocacy of the draft Law “On the Prosecutor’s Office”, adopted in 2014.
• Participation in the development of amendments to the Constitution of Ukraine on Justice (2016), the provisions
of the Laws “On the Judicial System and Status of Judges” (2014, 2015, 2016), “On the High Council of Justice”
(2016). Thanks to the CPLR experts, the mechanisms for cleaning and upgrading of the judicial system were
foreseen, including creation of the Public Council for Integrity and measures to protect the independence of
judges.
• Advocacy of the creation of the Supreme Anticorruption Court, participation in the preparation of normative
and legal support for its activities.
Criminal Justice
• Preparation and substantiation of the reform of the administrative liability institute and the draft Code of
Administrative Offenses.
• Active participation in the elaboration of the Criminal Procedure Code of Ukraine, the Law “On Free Legal
Aid”. Preparation of a scientific and practical commentary to the Criminal Procedure Code of Ukraine.
• Assistance in the formation of the National Police: participation in the preparation of the Law “On the
National Police” (2015), the Disciplinary Statute of the National Police (2018), the selection of patrol police
officers.
• Development and advocacy of the adoption of the Law “On the State Bureau of Investigations” (2015).
Fighting corruption
• Participation in the preparation of the Law “On the National Anti-Corruption Bureau of Ukraine” (2014),
strengthening the institutional capacity of the NABU and the SAP through the provision of scientific
and methodological recommendations, consultations to detectives and prosecutors, preparation of
expert opinions, etc. Preparation of scientific and practical comments to the Laws “On the Principles of
Prevention and Counteraction of Corruption”, “On the Corruption Prevention”.
• Participation in the development and advocacy of the draft laws that enhance the effectiveness of anti
corruption policy and made part of the Action Plan on Visa Liberalization between Ukraine and the EU.
• Development of a methodology and further anti-corruption expertise of several hundred of draft laws,
which allowed to block the adoption of many draft laws that contain corruption-related factors and/or
aim to impede the anti-corruption reform.
• Preparation of alternative reports on the assessment of the effectiveness of the state anti-corruption
policy implementation for the period from 2013 to 2018.
• Providing expert support to the NACP, the CEC, the courts and other state institutions on the prevention
and counteraction of “political corruption” (participation in the development/improvement of NACP acts
in this area, preparation of expert opinions, scientific and methodological recommendations, monitoring
reports, etc.). Preparation of the draft law “On Improving the System of Prevention and Fighting Political
Corruption”.
Administrative services and administrative procedure
• Development of the theory of administrative services and preparation of the draft Concept for reforming
the system of administrative services (approved by the Government in 2006).
• Active participation in the preparation of the draft Law “On Administrative Services”, adopted in 2012.
• Contributing to the establishment of pilot Centers for Provision of Administrative Services (CPASs). About
100 trainings and other events for representatives of local self-government bodies on the organization of
the work of the CPASs were organized. Ensuring public monitoring of the quality of administrative services.
• Since 1999, the Centre participated in the preparation and advocacy of the draft law on the general
administrative procedure. It has already been submitted to the Verkhovna Rada of Ukraine for three
times by the decision of the Cabinet of Ministers of Ukraine, but not yet approved. In 2018, more than
25 meetings of the working group under the Ministry of Justice with the active participation of the CPLR
experts were held.
8. www.pravo.org.ua
NEWSLETTER No 13/2018(November, 2018)
ä ð å
FAIR TRIAL
Report on the procedures
of selection and evaluation
of judges in Ukraine has been
published
In November, a team of experts from the EU-funded
Pravo-Justice project (G. Stava, W. Van Bentham,
R. Moliène) published a report on the procedures of
selection and evaluation of judges in Ukraine. Experts
provided a lot of valuable advice on the procedures for
qualification assessment of judges and competitions
for the judges positions in Ukraine. In particular, they
drew attention to the fact that the High Qualifications
Commission of Judges (hereinafter – the HQCJ) “should
always make motivated decisions, especially when
appointing a candidate who received the negative opinion
of the Public Council of Integrity.”
According to experts, the burden of proof should be
put on candidates “to require them to provide explanations
in the event of any accusation from the Public Council of
Integrity or other evidence available to the Commission.”
Experts also suggest in the long term that the
legislation should be amended to include more public
representatives of the HQCJ. This will not only facilitate the
organization of work, but will also contribute to a variety
of professional experiences that may be useful in selecting
and evaluating judges, and will lead to a more pluralistic
view on those who are the most adequate candidates for
a judicial position.
Selection of judges to the
High Anti-Corruption Court
and the Supreme Court is ongoing
On November 6, on the basis of the submission of
international organizations, the HQCJ established the
Public Council of International Experts, a body designed
to assist the Commission in the selection of judges to the
High Anticorruption Court. The Council includes specialists
in the field of anti-corruption law: Aurelius Gutauskas,
Fleming Christian Denker, Ted Zazechny, Miryan Lazarova
Traikovskaya, Lorna Harris, Sir Anthony Hooper.
On November 12, an examination was conducted for
836 candidates for the Supreme and High Anti-Corruption
Courts. As a result of anonymous written testing, 473
persons were admitted to the next stage – practical
assignment. In particular:
• to the High Anti-corruption Court – 108 persons;
• to the Appeal Chamber of the High Anticorruption
Court – 48 persons;
• to the Cassation Administrative Court of the Su-
preme Court – 104 persons;
• to the Cassation Civil Court of the Supreme Court –
95 persons;
• to the Cassation Criminal Court of the Supreme
Court – 54 persons;
• to the Cassation Economic Court of the Supreme
Court – 64 persons.
On November 14, candidates for the High Anti
corruption and Supreme Courts completed their practical
assignment. Its results and the overall result of the exam
will become known after the completion of the review of
works by the members of the HQCJ.
9. www.pravo.org.ua
NEWSLETTER No 13/2018(November, 2018)
ä ð å
High Qualification Commission
of Judges creates artificial
obstacles to the formation
of the Public Council of Integrity
On November 21, the HQCJ recognized two organi
zations as meeting the requirements for attending
the meeting dedicated to the establishment of the
Public Council for Integrity. In relation to 12 other non-
governmental organizations that took part in the
selection, the Commission has requested to correct
the shortcomings. In response to this decision, public
organizations have prepared a statement saying that
“among these shortcomings there are many that are not
based on the requirements of the law, do not pursue
a legitimate purpose and can testify to the creation
of artificial obstacles for the NGO to participate in the
formation of PCI”.
In particular:
• in some cases, the HQCJ did not accept the results
of a financial audit conducted later than in the last two
years, whereas the law only requires the availability of an
audit report and does not set any time intervals for its con-
duct;
• In other cases, the HQCJ unreasonably believed
that only the leadership of international organizations in
Ukraine (OSCE Coordinator in Ukraine, UNDP, etc.) could
make recommendations to public organizations, while the
law does not contain such a requirement, and the signa-
tures of officials of international organizations were made
within their authority;
• Commission’s position regarding the recognition of
financial audit reports or audit findings as non-compliant
is groundless only because they are prepared for confiden-
tial use and submission to the grantors, since the law does
not set any requirements for the recipients of the reports
and the purpose of their preparation, etc.
In a statement, NGOs have urged the HQCJ to carefully
review all document packages, including those provided
additionally; evaluate them impartially and exclusively on
the basis of the requirements of the law; allow participation
in the meeting of all public organizations, the experience
and eligibility of which are confirmed by documents;
review decisions on a number of NGOs regarding the
recognition of documents as submitted without complying
with the requirements of the law, especially where the law
does not establish the relevant requirements.
10. www.pravo.org.ua
NEWSLETTER No 13/2018(November, 2018)
ä ð å
HONEST LAW ENFORCEMENT
AUTHORITIES
Law on criminal offenses
has been adopted in general
On November 22, the Verkhovna Rada of Ukraine
adopted in general the Law on the Simplification of
Pre-trial Investigation of Certain Categories of Criminal
Violations (on criminal offences) (Reg. No.7279-d). It
provides for the delineation of violations depending on the
severity of the crime, limitation of the scope of the use of
punishment related to imprisonment, etc.
However, amendments to the CPC provided for by
the Law contain serious restrictions on human rights and
freedoms, namely:
• right to personal freedom – as a result of the intro-
duction of new conditions for the detention of individuals,
which directly contradict the Constitution of Ukraine;
• principle of legal certainty – due to the possibility
of interviewing individuals and the withdrawal of tools and
means before the start of a formal investigation;
• right to protection in a simplified proceeding, where
the participation of an accused person or his/her attorney
is no longer required.
Parliament passed the Law, despite the call of the
public to refrain from such a step and the position of
the Council of Europe, which gave a negative opinion in
relation to this document. In particular, European experts
noted: “The need for effective response to mass crime
for minor offenses should not lead to neglecting basic
procedural guarantees. Unfortunately, such neglect will
be the result of the proposed procedure (by the draft
law – author’s note), which will allow for the application
of procedural actions before any information is submitted
to the Unified Register both in circumstances that have
led to past abuses and in other cases in respect of which
no provision has been made for the use of appropriate
safeguards against such abuse; in addition, it will leave
unclear restrictions on the length of the investigation and
will create the possibility of putting pressure on suspects
to forcibly convict themselves and deprive the party of the
protection of fundamental rights” (paragraphs 193, 194 of
the Opinion).
In the view of the above, representatives of the public
are determined to demand that the President of Ukraine
applies the veto right to this Law.
State Bureau of Investigation
began its work
On November 27, investigators of the State Bureau of
Investigations initiated the first criminal proceedings.
Thus, three years have passed since the Parliament
adopted the Law “On the State Bureau of Investigation”,
co-authored by experts of the Centre of Policy and Legal
Reform, a competition was held for the positions of
managers, investigators and civil servants and the work
actually began.
Beginning of the SBI work on the investigation
of official crimes means the final deprivation of the
prosecutor’s office of functions of pre-trial investigation
and bringing its functions in line with the Constitution.
The SBI immediately began functioning in the format
of the headquarters and seven territorial departments in
Kyiv, Lviv, Khmelnytsky, Poltava, Kramatorsk, Mykolayiv
and Melitopol, which evenly cover the whole territory of
the state.
11. www.pravo.org.ua
NEWSLETTER No 13/2018(November, 2018)
ä ð å
ANTIcorruption
International Monetary Fund
and the World Bank point out that
the effectiveness of the fight against
corruption in Ukraine is very low
On November 15, 2018, at the Annual Fitch Ratings
Conference in Kyiv, Gosta Ljungman, the IMF Resident
Representative in Ukraine, and Satu Kahkonen, the World
Bank Country Director of for Ukraine, Belarus and Moldova
noted the low effectiveness of the Ukrainian authorities
in combating corruption. By saying this, Satu Kahkonen
emphasized that the high level of corruption in Ukraine
and prevailing of personal decisions over the rule of law
is what constrains investors. “We communicate a lot with
different investors, we see that there are opportunities for
investment in Ukraine, but at the same time we notice the
investors’ concerns about these issues,” she said.
Such statements by representatives of the IMF and
the WB are not just indications that these international
institutions are aware of the real situation with corruption
in Ukraine, but that the further prospects for providing
Ukraine with financial assistance depend to a large extent
on the effective activity of the Ukrainian authorities in
the fight against corruption, and that without significant
progress in solving this problem, Ukraine should not
expect foreign investment, rapid economic development,
improvement of living standards, etc. The very fact of the
IMF and the WB announcement that the anticorruption
policy in Ukraine is ineffective will for a long time be
a “black spot” on the reputation of Ukraine leading
to significant worsening of the general image of the
investment climate in Ukraine and negative effect on
the prospects of Ukraine’s cooperation with foreign and
international partners.
For this very reason Ukrainian authorities urgently
need to move from imitation to a real fight against
corruption. This process should begin with the
development of a nationwide concept of prevention and
combating corruption, based on the results of recent
corruption studies in Ukraine and in the world, taking
into account international and foreign experience in
counteracting this phenomenon. Based on this concept,
a high-quality Anticorruption Strategy (for 2019-2021)
should be developed and approved with subsequent
adoption of the National Program for its implementation.
In the future, every effort should be made to ensure that
the anti-corruption measures are implemented in a timely
and effective manner, the objectives are fulfilled, and the
goals achieved.
Dmytro Kalmykov, the CPLR expert, stressed:
“For almost a year in Ukraine there is no basic
strategic document in the field of prevention
and counteraction corruption – the Anti-
Corruption Strategy. This led to unbalanced
and inefficient activities of anti-corruption
bodies (some institutions are in a state of
permanent “conflict”), while other state
bodies and local self-governments carry
out those anti-corruption measures that
are intuitively considered expedient, or do
nothing at all. Under such circumstances, one
cannot hope for any progress in the area of
prevention and counteraction of corruption”.
12. www.pravo.org.ua
www.facebook.com/pravo.org.ua/
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
December 4 – briefing in the Parliament
“How to return to Ukrainians the Right
to a Referendum” (Kyiv)
December 13 – Brain-ring
“Elections and Democracy” (Kyiv)
December 17 – training
“Constitutional complaint” (Zaporizhzhya)
December 17 – Seminar-training
“Public monitoring of court cases on high-level
corruption” (Kyiv)
December 17-18 – training “Integration of new
services to the centers for the provision of
administrative services: challenges and ways of
overcoming” (Odessa)
ANNOUNCEMENTS