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.
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.
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 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.
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 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.
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
Answer of Deputy Prosecutor General - Head of the Specialized Anti-corruption...NABU Leaks
Answer of Deputy Prosecutor General - Head of the Specialized Anti-corruption Prosecutor's Office Nazar Kholodnitskii under Statement of Criminal Offenses Committed by Officials of the National Anti-Corruption Bureau of Ukraine (translation)
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.
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.
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 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.
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 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.
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
Answer of Deputy Prosecutor General - Head of the Specialized Anti-corruption...NABU Leaks
Answer of Deputy Prosecutor General - Head of the Specialized Anti-corruption Prosecutor's Office Nazar Kholodnitskii under Statement of Criminal Offenses Committed by Officials of the National Anti-Corruption Bureau of Ukraine (translation)
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 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.
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 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 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 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
Experts analyzed implementation of key judicial reforms in framework of Priority II "Strengthening institutions and good governance". It is publish with the support of European Union and International Renaissance Foundation.
Генпрокурор Юрій Луценко і його заступник, військовий прокурор Анатолій Матіос використовують свої повноваження для політичних переслідувань, зловживають службовим становищем і причетні до тиску і тортур затриманих в рамках так званої «справи податківців».
Про це в своєму листі, адресованому Верховному представнику ЄС із закордонних справ і політики безпеки Федеріці Могеріні і членам Комітету постійних представників Ради ЄС (Coreper), написав лідер партії «Успішна країна» Олександр Клименко.
http://oleksandr-klymenko.com/newsroom/news/8739-klimenko-rasskazal-evrochinovnikam-o-zloupotrebleniyah-vlastyu-lutsenko-i-matiosa/
Police commissions — is a new instrument that improved transparency, quality of selection and career possibilities of police officers. This research is the first basic description of activity of police commissions. It includes the information on formation of commissions, problems of legislative regulation of their activity, judicial practice of appealing against decisions of commissions and other elements of this mechanism of public control. This publication was prepared with the support of the European Union.
Detailed account of "Maidan Monitoring" project. The publication describes both the results of monitoring (quantitative, qualitative, communicative and legal) and the methodology of its implementation.
"For the first time in world practice during the parliamentary election in Ukraine in 2012 an interactive map of violations of election law has been created with strictly verified information crowd sourced by volunteers with mandatory documented evidence and legal commentary"
The document summarizes key aspects of government structure and process in Ukraine as of February 2018. It outlines that Ukraine has a unicameral parliament called the Verkhovna Rada, which has 450 members. It also describes the main branches of government - the legislative, executive, and judicial. The document then provides details on the composition and factions within parliament, the legislative process, and leadership positions.
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.
Ukraine has a unicameral parliament called the Verkhovna Rada which has 450 members. The Rada exercises legislative power and oversees the Cabinet of Ministers and other branches of government. Members of parliament form factions and groups based on their political views. Currently the largest factions are from the Petro Poroshenko Bloc and People's Front parties. In 2014, a coalition called "European Ukraine" was formed but it has lost members over time and its current membership is unclear. The Opposition Bloc is considered the main opposition party while some smaller groups take opposition or non-coalition stances.
Policy brief “Almost There: The Carrots of Visa Liberalization as An Impetus ...Europe without barriers
Policy brief by Europe without barriers exploring why and how Germany can benefit by visa liberalization for Ukraine as well as how German NGOs and government can help in implementing Ukrainian reforms
Statement of Criminal Offenses Committed by Officials of the National Anti-Co...NABU Leaks
Statement of Criminal Offenses Committed by Officials of the National Anti-Corruption Bureau of Ukraine To General Prosecutor of Ukraine Ruslan Ryaboshapka (translation)
The document summarizes key aspects of government structure and process in Ukraine as of November 30, 2016. It outlines that Ukraine has a unicameral parliament called the Verkhovna Rada, with 450 members elected for 5-year terms. It also describes the main branches of government - executive, legislative, judicial - and notes the Verkhovna Rada is composed of 6 factions and 2 groups as of that date. Additionally, it provides details on the legislative process in Ukraine and the various committees that operate within the Rada.
This document provides an opinion from the European Commission for Democracy through Law (Venice Commission) on amendments to Ukraine's Law on Elections regarding the exclusion of candidates from party lists. The opinion finds that allowing parties to remove candidates from lists after an election violates democratic principles and the will of voters. It concludes that parties should not be able to change candidate lists once voting has begun.
The document provides a summary of the European Union Election Observation Mission's report on the 2013 parliamentary elections in Jordan. Some key findings include:
- The elections were organized and conducted in a transparent and credible manner, though the legal framework had some gaps and deficiencies.
- Voting, counting and tabulation of results were well-administered in polling stations, but delays in tabulating and accessing national results undermined transparency.
- The legal framework curtailed universal suffrage by excluding some groups like armed forces from voting, contrary to international standards.
- Candidacy requirements were largely in line with international commitments, and 1,425 candidates contested the elections, including 191 women.
- The campaign
The document is a report summarizing the monitoring of political and civil rights and freedoms in Ukraine from 2014-2018. Some key findings include:
- Legislative changes have been introduced to limit freedoms of speech, association, and assembly, including language quotas for Ukrainian on TV and radio, and bans on Russian media.
- Independent media and journalists expressing alternative views face pressure from regulators, law enforcement, and nationalist groups.
- Violations of rights and freedoms of minorities like journalists, religious groups, and opposition parties have occurred, with little accountability.
- Upcoming 2019 elections are an important time to increase attention on the situation of political rights and freedoms in Ukraine.
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 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 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.
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 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 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 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
Experts analyzed implementation of key judicial reforms in framework of Priority II "Strengthening institutions and good governance". It is publish with the support of European Union and International Renaissance Foundation.
Генпрокурор Юрій Луценко і його заступник, військовий прокурор Анатолій Матіос використовують свої повноваження для політичних переслідувань, зловживають службовим становищем і причетні до тиску і тортур затриманих в рамках так званої «справи податківців».
Про це в своєму листі, адресованому Верховному представнику ЄС із закордонних справ і політики безпеки Федеріці Могеріні і членам Комітету постійних представників Ради ЄС (Coreper), написав лідер партії «Успішна країна» Олександр Клименко.
http://oleksandr-klymenko.com/newsroom/news/8739-klimenko-rasskazal-evrochinovnikam-o-zloupotrebleniyah-vlastyu-lutsenko-i-matiosa/
Police commissions — is a new instrument that improved transparency, quality of selection and career possibilities of police officers. This research is the first basic description of activity of police commissions. It includes the information on formation of commissions, problems of legislative regulation of their activity, judicial practice of appealing against decisions of commissions and other elements of this mechanism of public control. This publication was prepared with the support of the European Union.
Detailed account of "Maidan Monitoring" project. The publication describes both the results of monitoring (quantitative, qualitative, communicative and legal) and the methodology of its implementation.
"For the first time in world practice during the parliamentary election in Ukraine in 2012 an interactive map of violations of election law has been created with strictly verified information crowd sourced by volunteers with mandatory documented evidence and legal commentary"
The document summarizes key aspects of government structure and process in Ukraine as of February 2018. It outlines that Ukraine has a unicameral parliament called the Verkhovna Rada, which has 450 members. It also describes the main branches of government - the legislative, executive, and judicial. The document then provides details on the composition and factions within parliament, the legislative process, and leadership positions.
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.
Ukraine has a unicameral parliament called the Verkhovna Rada which has 450 members. The Rada exercises legislative power and oversees the Cabinet of Ministers and other branches of government. Members of parliament form factions and groups based on their political views. Currently the largest factions are from the Petro Poroshenko Bloc and People's Front parties. In 2014, a coalition called "European Ukraine" was formed but it has lost members over time and its current membership is unclear. The Opposition Bloc is considered the main opposition party while some smaller groups take opposition or non-coalition stances.
Policy brief “Almost There: The Carrots of Visa Liberalization as An Impetus ...Europe without barriers
Policy brief by Europe without barriers exploring why and how Germany can benefit by visa liberalization for Ukraine as well as how German NGOs and government can help in implementing Ukrainian reforms
Statement of Criminal Offenses Committed by Officials of the National Anti-Co...NABU Leaks
Statement of Criminal Offenses Committed by Officials of the National Anti-Corruption Bureau of Ukraine To General Prosecutor of Ukraine Ruslan Ryaboshapka (translation)
The document summarizes key aspects of government structure and process in Ukraine as of November 30, 2016. It outlines that Ukraine has a unicameral parliament called the Verkhovna Rada, with 450 members elected for 5-year terms. It also describes the main branches of government - executive, legislative, judicial - and notes the Verkhovna Rada is composed of 6 factions and 2 groups as of that date. Additionally, it provides details on the legislative process in Ukraine and the various committees that operate within the Rada.
This document provides an opinion from the European Commission for Democracy through Law (Venice Commission) on amendments to Ukraine's Law on Elections regarding the exclusion of candidates from party lists. The opinion finds that allowing parties to remove candidates from lists after an election violates democratic principles and the will of voters. It concludes that parties should not be able to change candidate lists once voting has begun.
The document provides a summary of the European Union Election Observation Mission's report on the 2013 parliamentary elections in Jordan. Some key findings include:
- The elections were organized and conducted in a transparent and credible manner, though the legal framework had some gaps and deficiencies.
- Voting, counting and tabulation of results were well-administered in polling stations, but delays in tabulating and accessing national results undermined transparency.
- The legal framework curtailed universal suffrage by excluding some groups like armed forces from voting, contrary to international standards.
- Candidacy requirements were largely in line with international commitments, and 1,425 candidates contested the elections, including 191 women.
- The campaign
The document is a report summarizing the monitoring of political and civil rights and freedoms in Ukraine from 2014-2018. Some key findings include:
- Legislative changes have been introduced to limit freedoms of speech, association, and assembly, including language quotas for Ukrainian on TV and radio, and bans on Russian media.
- Independent media and journalists expressing alternative views face pressure from regulators, law enforcement, and nationalist groups.
- Violations of rights and freedoms of minorities like journalists, religious groups, and opposition parties have occurred, with little accountability.
- Upcoming 2019 elections are an important time to increase attention on the situation of political rights and freedoms in Ukraine.
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 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 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 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.
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 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 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 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.
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.
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).
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 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.
This document summarizes research on the disciplinary responsibility of prosecutors in Ukraine from 2017-2018. Some key findings include:
1) The number of prosecutors brought to disciplinary responsibility halved with the new procedure providing more safeguards for prosecutors' rights.
2) Procedures like service investigations continue to be used which creates risks of unlawful influence on prosecutors.
3) Military prosecutors have a double disciplinary status violating the principle of unified prosecutor status.
4) The commission generally follows legal requirements but shows leniency towards certain prosecutor's offices and fails to establish consistent practices in some areas.
28 january 2018
Analytical Report 'Establishment of the new Supreme Court: key lessons'
CPLR Judiciary / Judicial reform
Establishment of the NEW Supreme court:
2 Achievements and 12 failures
Analysts from the Centre of Policy and Legal Reform and DEJURE Foundation tracked and recorded the course of the competition to the Supreme Court and prepared an analytical report thereon. For the first time, the selection of judges to the highest judicial institution proceeded through an open competition which lasted almost a year and ended in November 2017. Already in December that year, the new court started its operation.
The selection and appraisal of candidates were conducted by the judiciary bodies which mainly consist of the judges themselves: the High Qualifications Commission of Judges (HQCJ) and the High Council of Justice (HCJ). Public Integrity Council (PIC) has been established to support the HQCJ in the assessment of candidates’ integrity in order to introduce public participation in the process of judges’ selection.
During the competition, the candidates had to show their compliance with the criteria of competence, integrity and professional ethics. However, there are numerous facts that indicate that the formation of the new Supreme Court was not fair and transparent enough. As a result, it created risks for the operation of the new Supreme Court and revealed problems that need to be eliminated for the sake of establishment of the credible anticorruption court and for effective conduct of qualification assessment of judges.
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/)
Judgment samsin v. ukraine dismissal of supreme court judge under ukraine's...ssuserab165d
The European Court of Human Rights ruled that Ukraine violated a Supreme Court judge's rights when he was dismissed under Ukraine's Government Cleansing Act. The Act dismissed certain civil servants who served under the former president between 2010-2014. While the goal was to address issues during that time period, dismissing the judge without an individual assessment of his conduct was found to not be necessary in a democratic society. The court awarded him damages for losses to his retirement benefits and costs.
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.
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 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.
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.
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).
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
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
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The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
1. System of law enforcement authorities in
Ukraine undergoes a long transformation
process from soviet system of internal affairs
authorities directed at protection of state
security to law enforcement agencies with
European standards, which should be oriented
on provision of services to population, public
dialogue and human rights observance.
However, as of the beginning of 2017, changes
occurring in police have a more non-systemic
characterasaresultofthelackofdetailed,step-by-
step roadmap for conducting a reform elaborated
in the form of one comprehensive document,
and the very process of reforming is sometimes
oriented on the interests of the institution itself
rather than on the needs of people.
Ukrainian
Law Enforcement Reform
Digest
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.
May-June
2019№13periodicity: 1 time / 2 months
Community Police Officer project
launched in Ukraine
On May 28, the Community Police Officer
project was presented. The presentation
was attended by Ukrainian Prime Minister
Volodymyr Groysman, Minister of Internal
Affairs Arsen Avakov, and Head of the National
Police of Ukraine Serhii Kniaziev. The project
will encompass nearly 30, 000 settlements
with almost 28 million residents. It is aimed at
ensuring close cooperation between a police
officer and the united territorial community
focusing on its interests.
A community police officer is an officer
oriented to solving security problems of the
specific territorial community he/she works
in. Establishing the institution of community
police officers will make it possible not only
to improve police activities in large cities
I. NATIONAL POLICE
This publication created with support of European Union
The content of publication does not translate official position of European Union
2. 26 by candidates who have completed previous
one-year training in the National Academy of
Prosecution of Ukraine and passed a qualification
exam successfully. At present, there are 248
potential candidates.
This is the first competition in the prosecution
system that is carried out according to the
procedure provided for in the new wording of the
Law of Ukraine On Prosecution (2014). However,
this number of new prosecutors is not sufficient
since,according to the Prosecutor General’s Officer
of Ukraine, 307 prosecutors resigned voluntarily
in 2018, and 33 prosecutions were fired on the
basis of the results of examination of disciplinary
proceedings by the QDCP.
More details about the specific features of
competition can be found of the QDCP web-site:
http://bit.ly/2RR8nOR
President submits a request to dismiss Prosecutor
General to Verkhovna Rada
On June 11, President of Ukraine submitted
a request to parliament asking it to dismiss
Yurii Lutsenko from the position of the
Prosecutor General.
According to this request, Yurii Lutsenko does
not meet the requirements for a prosecutor as
provided for in the Law on Prosecution, first of
all concerning legal education and experience of
work in respective positions, which makes him
ineligible for working in the prosecution system.
where patrol police works, but in the entire
territory of the county, in small settlements.
It is envisaged that the project will be
implemented in two stages: in 2019 – 802
united territorial communities, and in 2020 –
the entire territory of Ukraine.
Candidates for positions of community police
officers are selected both from among the
current police officers and from among
the public. A candidate has to submit an
application, go through tests, polygraph
examination, and an interview involving
representatives of the community.
Ukrainian Law Enforcement Reform Digest 2 №13: May-June 2019
Reform of prosecutorial bodies started only
after the Revolution of Dignity, although it
was one of the commitments to the Council
of Europe from the times of accession to this
organization and adoption of the Constitution of
Ukraine. For a long time, prosecution preserved
its centralized and militarized structure with
absolute internal subordination of prosecutors
to their line mangers established back in the
Soviet times.
Over the last three years, a new Law on
Prosecution was adopted (2014), prosecution
lost its general oversight function (2014),
the General Inspectorate was created (2015),
prosecutorial self-government bodies and the
Qualification and Disciplinary Commission
began their work (2017),and public prosecution
offices were deprived of their powers to carry
out pre-trial investigation of crimes (2017).
At the same time, several initiatives were not
completed, and no evaluation of overall reform
efficiency was done.
Beginning of collection of applications from
candidates for prosecutors of local prosecution
offices
On May 28, the Qualification and Disciplinary
Commission of Prosecutors (QDCP) announced
the start of collection of applications for 350
positions of prosecutors of local prosecution
offices. Applications can be submitted until July
IІ. PROSECUTOR`S OFFICE
3. Ukrainian Law Enforcement Reform Digest 3 №13: May-June 2019
Such dismissal procedure runs contrary to
Article 42 of the Law on Prosecution since
there are no legal grounds for dismissing the
Prosecutor General from this administrative
position. This fact, among other things, was
mentioned on June 19, 2019 by the Chair of
the Verkhovna Rada Committee on Legislative
Support to Law Enforcement Activities, Andrii
Kozhemiakin.
Draft resolution of the Verkhovna Rada № 10380
dd. June 11, 2019: http://bit.ly/323Y7rc
Article by an expert of the Expert Center for Human
Rights, Yevhen Krapivin, Four possible scenarios
of dismissing the Prosecutor General: http://bit.
ly/2KSrDLg
Article by the RPR expert and StateWatch Legal
Adviser, Volodymyr Petrakovskyi, Failure General
vs. Prosecutor General: http://bit.ly/2Ytp3hQ
President submits a request to dismiss Prosecutor
General to Verkhovna Rada
On June 20, 2019 the High Council of
Justice, based on the results of examination
of a complaint submitted by lawyer
S.I.Rokhmanov against the QDCP decision
№216дп-18 dd. May 23, 2018 on closing
the disciplinary proceedings concerning
Prosecutor General Yurii Lutsenko, decided
that the Prosecutor General may be brought
to disciplinary liability if he/she commits a
disciplinary offence.
When closing the proceedings, the QDCP
justified its conclusion by the impossibility
to bring the Prosecutor General to
disciplinary liability because, pursuant to
the Law of Ukraine On Prosecution, the
Prosecutor General is not authorized to apply
disciplinary sanctions against himself. The
QDCP believes that, in the absence of proper
legislative regulation, it has no possibility
to carry out disciplinary proceedings against
him.
The High Council of Justice disagreed with
this conclusion. The QDCP is the entity that
carries out disciplinary proceedings against
prosecutors. Given the powers provided for
by Law, it cannot avoid assessing actions of a
prosecutor, including the Prosecutor General,
in terms of the presence or absence of the
grounds for bringing him/her to disciplinary
liability.
Based on the results of examination of
the complaint, the High Council of Justice
cancelled the QDCP decision and adopted
a new decision, in which it concluded that
actions of the Prosecutor General contained
characteristics of a disciplinary offence, but
it closed the disciplinary proceedings in view
of expiration of the period for imposing a
disciplinary penalty.
4. An important reform in law enforcement
must be the creation of the State Bureau of
Investigation — the main controller of all law
enforcement officers, high-level officials and
judges.
The State Bureau of Investigations is a pre-trial
investigation body authorized to investigate
crimes committed by politicians, members of
Parliament, civil servants, judges, prosecutors,
police officers and other staff members of law
enforcement agencies.
Law on improving SBI’s activities adopted
On May 17, the Verkhovna Rada of Ukraine
adopted the law as a whole, and on May 18
President of Ukraine Petro Poroshenko signed
the Lawof Ukraine OnAmending Some Legislative
Acts of Ukraine for Improving Activities of the
State Bureau of Investigation, which enables the
State Bureau of Investigation to form its own
operative units, including operative-technical
and internal security units. The SBI published
an announcement on a competition for filling
respective positions in the operative units
immediately after the Law had come in force.
The need to adopt this law (draft law 5395-д)
was repeatedly mentioned in this Newsletter
during the last year.
However, there is a controversial provision
in the adopted Law – it introduces special
ranks for the SBI officers but there is no list
of positions, holding of which requires the
specified ranks. In other words, solving this
issue is left to the discretion of the SBI director
and deputy directors although initially the SBI
was established as a purely “civilian” agency.
Law № 2720-VIII on the web-site of theVerkhovna
Rada of Ukraine: http://bit.ly/307c9X
Ukrainian Law Enforcement Reform Digest 4 №13: May-June 2019
IІІ. STATE BUREAU OF INVESTIGATION (SBI)
SBI director dismisses several managers
of the Bureau
In the end of May, the Director of the State
Bureau of Investigation dismissed the following
SBI managers from their positions: Director of
Territorial Department in Poltava, Head of the
Second Department on Organizing Pre-Trial
Investigation, Head of Department of Planning
andFinancialActivities,andHeadofDepartment
for Supporting Activities. They were fired for
alleged incompliance with requirements for the
position based on the probation period results
as provided for in the Law of Ukraine On Public
Service.
At the same time, such dismissal procedure
violates the specialized Law on the State
Bureau of Investigation which reads that the
SBI director appoints and dismisses directors
of territorial agencies, heads of departments of
the central apparatus of the SBI upon request
of the Selection Commission (Article 13 of the
Law). Furthermore, the director has to come
to an agreement on such request with deputy
directors (Article 12 of the Law). Neither the
aforementioned request no agreement took
place.This problem,among other things became
a subject for discussion during parliamentary
hearings in the Committee on Legislative
Support for Law Enforcement Activities held on
May 29. As of today, all dismissal orders were
suspended as a result of application of activities
to ensure proceedings in administrative courts
where the dismissed persons filed complaints
against decisions of the SBI director.
Information on the web-site of the District
Administrative Court of Kyiv: http://tiny.cc/rgk-oask
Position of the State Bureau of Investigation on
the web-site of the Bureau: http://tiny.cc/rgk-dbr
5. theVerkhovna Rada conducting comprehensive
review of the CPC and developing systematic
amendments of the Code.
New legislative initiatives on re-criminalization
of illicit enrichment
On 26 February, the Constitutional Court of
Ukraine ruled unconstitutional Article 368-
2 of the Criminal Code of Ukraine on іllicit
enrichment on the grounds of its incompliance
with presumption of innocence and violation of
the principle of legal certainty.
A working group of the Committee of the
Verkhovna Rada of Ukraine on Legislative
Support for Law Enforcement Activities
that was mentioned in our previous Digest,
developed its own version of the draft law on
illicit enrichment.
Ukrainian Law Enforcement Reform Digest 5 №13: May-June 2019
There is still a problem with harmonization
and approximation of criminal and criminal
procedural legislation with the European
standards. Since adoption of the CPC in
2012, this law has been go in through
chaotic and unsystematic changes (such as
Lozovyi’s amendment), which necessitates
systematization of changes. Both amendments
to the CPC of Ukraine and the CC of Ukraine
have a strong impact on fighting corruption
that today is one of the largest challenges
faced by Law Enforcement agencies. More
specifically, introducing misdemeanors
influences efficiencyof activities of the criminal
justice bodies in general, more specifically
— workload of investigative and operative
units, efficiency of the criminal law, and
adherence to the principle of inevitability of
punishment. There has been currently working
group establish under the Committee for the
Legislative Support of the Law Enforcement of
IV. CRIMINAL JUSTICE
President of Ukraine changes membership of
the “external” selection commission of the SBI
On June 26, President of Ukraine Volodymyr
Zelensky issued a decree on excluding members
of the“external”selection commission of the SBI
R. Maidanyk, V. Samokhvalov and T. Slipachuk.
Instead, the decree appoints the following
commission members: Oksana Kvasha – a
leading researcher of the V.M. Koretsky Institute
of State and Law of the National Academy of
Science of Ukraine; Oleksandr Kostenko –
deputy head of unit of the V.M.Koretsky Institute
of State and Law of the National Academy of
Science of Ukraine; and Viktor Koschynets –
head of unit of the Institute for Special Training
of the National Academy of Prosecution of
Ukraine.
It should be remembered that powers and
authorities of the commission, in addition to
selecting the SBI director and deputy directors,
also include selection of middle managers,
the number of which exceeds 150 out of
whom only 27 were selected. The commission
members do not receive remuneration for their
work, the commission is formed on the basis
of political criteria, and it had to be removed
from the process long time ago because it has
no physical capacity to hold these competitions
(as the commission states itself). In the course
of approval of the aforementioned draft law
№ 5395-д, an attempt was made to remove
the Commission from the process of solving
these staff issues by amending the Law, but the
respective provision was excluded when the
draft law was prepared for the second reading.
Decree of the President of Ukraine № 457
dd. June 26, 2019: http://bit.ly/2Lwawys
6. provisions of the Law grant to the Bureau the
powers of prosecution vested into it by Article
131-1 of the Constitution of Ukraine.
CCU Decision № 4-р(ІІ)/2019 dd.June 5,2019 and
dissenting opinions of judges O.O. Pervomaiskyi,
O.M. Tupytskyi, V.V. Horodovenko, and V.V Lemak
can be found at: http://bit.ly/2xsbVhj
Verkhovna Rada adopted the Law
on temporary investigation commissions
OnJune6,theparliamentadoptedasawholethe
Law On Temporary Investigation Commissions,
Special Temporary Investigation Commission,
And Temporary Special Commissions of the
Verkhovna Rada of Ukraine (draft law №1098).
This document contains a section that described
the procedure for impeachment of the president.
Pursuant to the law, grounds for establishing
a temporary investigation commission (TIC)
include information about violations of the
Constitution of Ukraine, laws of Ukraine
by state authorities, local self-government
bodies, their officers and officials, heads (or
officials performing their duties) of enterprises,
institutions,and organizations regardless of the
forms of ownership, and associations of citizens
that constitute public interest.
A temporary investigation commission is
established by the parliament for preparation
and preliminary examination of issues as well
as for preparation and finalization of draft laws
and other official documents of the parliament
as a lead committee if the subject matter of
legal regulation of such draft laws does not
fall into the scope of terms of reference of
parliamentary committees except for the case
of establishment of a special commission for
continuing work on a draft law on amending
the Constitution.
The law also contains provisions on activities of
a special TIC for impeachment of the President.
it reads that a special temporary investigation
commission of the Verkhovna Rada of Ukraine
is a collegiate temporary body of the parliament
consisting of members of parliament, a special
prosecutor, and special investigators.
The commission’s tasks, among others, include
inquiry into the circumstances of commitment
At the same time, President of Ukraine
Volodymyr Zelensky also presented his own
initiative having submitted to parliament a
draft law on confiscation of illegal assets of
individual authorized to perform functions
of the state or local self-government and on
punishment for acquisition of such assets. The
President’s initiative, in addition to criminal
liability for illicit enrichment, envisages civil
confiscation of assets received as a result
thereof. Therefore, given the overall limitation
period for civil legal relations that totals three
years, NABU and SAP may receive a possibility
to prosecute those persons who were suspects
or defendants in criminal proceedings
closed on the grounds of the Decision of the
Constitutional Court of Ukraine.
Draft law № 10110-д developed by the working
group: http://bit.ly/2LxTosd
Draft law № 10358 submitted by the President of
Ukraine: http://bit.ly/2YvIpTC
Constitutional Court says NABU
may not represent the state in court
On June 5, 2019 the Second Senate of the
Constitutional Court of Ukraine adopted a
Decision on the case upon a constitutional
complaint of the Joint Stock Company
Zaporizhzhia Ferroalloy Plant concerning
constitutionality of the provisions of Clause
13 Part 1 Article 17 of the Law of Ukraine On
National Anticorruption Bureau of Ukraine.
This provision granted a right to the NABU
“provided there are the groups specified by law,
file requests with courts asking it to invalidate
agreements pursuant to the procedure provided
for in the Ukrainian legislation”.
The CCU emphasized that duplications of
powers/functions of prosecution by other
state authorities can result in a change of the
mechanism set by the Constitution for exercise
of the state governance by individual state
authorities or influence the scope of their
constitutional powers and authorities. At the
same time, the Verkhovna Rada of Ukraine
by delegating the constitutional powers of
prosecution went beyond the powers set forth in
the Constitution of Ukraine while the disputed
Ukrainian Law Enforcement Reform Digest 6 №13: May-June 2019
7. by the President of Ukraine of high treason or
another crime stated in a request signed by
the majority of the constitutional membership
of the VRU initiating the issue of dismissal of
the Head of State from his position using the
impeachment procedure.
On June 21, Representative of the President of
Ukraine in the Verkhovna Rada of Ukraine said
that the Head of State would likely veto this law
as adopted with violations of the Constitution
and containing unconstitutional norms.
Draft law № 1098 on the web-site of theVerkhovna
Rada of Ukraine: http://bit.ly/2NrbKh2
Constitutional Court on guard of freedom
of individuals during criminal proceedings
On June 13, the Constitutional Court of Ukraine
recognized provisions of Part 2Article 392 of the
Code as non-compliant with the Constitution
of Ukraine (unconstitutional). The provisions
make it impossible to submit a separate appeal
against a court ruling on continuing the period
of detention adopted in the course of court
proceedings in the first instance court until
a court decision on the merits of the case is
adopted. In other words, such decisions could
not be appealed against until examination of
the indictment was completed unlike pre-trial
investigation when the suspect is able to appeal
against the ruling on continuing the period of
detention proving that the risks provided for in
Article 177 of the CPC of Ukraine disappeared
(risk of fleeing, influencing witnesses, etc.).
Ukrainian Law Enforcement Reform Digest 7 №13: May-June 2019
The court decided that these provisions
prohibited submitting separate appeals against
court rulings on continuing the period of
detention until the end of court proceedings,
and as such they did not guarantee efficient
exercise of the right to court protection to
individuals and did not comply with the criteria
of fairness and adequacy (proportionality).
On June 26, the Constitutional Court adopted a
decision on unconstitutionalityof the provisions
of Part 5 Article 176 of the CPC of Ukraine.They
made it impossible to use alternative preventive
measures (except for detention) for individuals
suspected of crimes against the state. These
CPC provisions allowed keeping a person in
detention only on the grounds of a formal court
decision, which is a violation of the rule of law
principle. The CCU decision emphasizes that
the disputed norm justified the need to keep
a person in detention purely by the graveness
of a crime the person was charged with, which
does not guarantee the constitutional right of
an individual to freedom and personal integrity.
The aforementioned decisions were adopted
on the basis of examination of constitutional
complaints.
CCU Decision №4-р/2019 dd. June 13, 2019:
http://bit.ly/2xnftRS
CCU Decision №7-р/2019 dd. June 25, 2019:
http://bit.ly/2YtGH5d