Group manager

Petrakovskyi Volodymyr
Phone: 097 313 31 19
v.petrakovskyi@gmail.com

Lead expert

Banchuk Oleksandr
banchuk@gmail.com
Мельничук Віталій
melnychuk9@gmail.com

Civil Society Organisations:

  • Centre of Policy and Legal Reform
  • Association of Ukrainian Human Rights Monitors
ISSUES TO BE RESOLVED BY THE REFORM

Ukrainian law enforcement system has long been not able to meet the contemporary challenges, the needs of the society, and international democratic standards. According to the sociological research of the Institute of Sociology of the National Academy of Sciences of Ukraine, the level of citizens’ trust to law enforcement bodies dropped after the Revolution of Dignity to the critical point – 0.8%. Law enforcement bodies reform is a priority superseded only by the fight against corruption, according to the Ilko Kucheriv Democratic Initiatives Foundation.
In July 2015, the Verkhovna Rada adopted the new Law “On National Police” (to replace the Law “On Militia” of 1990), which came into force on November 7, 2015. The law contains many positive elements, including de-politicization of police, service character of its work, etc. The document was recognized by the Council of Europe as detailed and comprehensive (particularly in terms of staff issues). Doing their daily job, the new patrol police which appeared in the streets of Ukrainian cities, returned people’s confidence in real systematic changes in the country. Meanwhile, the new law on police contains a number of serious drawbacks which have been indicated both by experts and the Council of Europe. These are the lack of competition to all positions, preservation of quasi-military ranks in the system of police and others. These drawbacks require immediate correction.
Reformation of prosecution bodies has been one of the outstanding obligations of Ukraine before the Council of Europe since 1995. The Law “On Prosecution Service” of 1991, which preserved centralized militarized structure of post-Soviet prosecution service with an internal unconditional subordination of prosecutors to their superiors and attempted to impose total surveillance on all spheres of human life had been in force for a long time. The new Law “On Prosecution Service” was adopted in 2014. In particular, it stipulates depriving the prosecution service of its functions of general surveillance, transferring functions of pre-trial investigation to a new body – the State Bureau of Investigations, holding competitions to fill the positions in newly-established local prosecutor’s offices in all regions of Ukraine, and creation of effective bodies of prosecution self-government.
However, in 2016 the goal of prosecution service reform has not been achieved. “Old personnel” and the system of bureaucracy that has been existing over the last decades are resisting the reforms. As a result of the competition, 84% of former senior staff members were reappointed by the Prosecutor General to the administrative positions in newly established local prosecutor’s offices. The established bodies of prosecution self-government preserve a high degree of loyalty to the Prosecutor General, thus leaving the prosecution service an instrument in the hands of political power. Power acquisition by these bodies has been postponed until April 15, 2017.
The State Bureau of Investigations, which could have gained its powers on March 1, 2016, has not been established yet. Thus, cases against law enforcement officers, judges and high officials are still being investigated by prosecutors.

GOAL I. ЕEFFECTIVE SYSTEM OF CRIMINAL JUSTICE BODIES THAT ENSURES THEIR INDEPENDENCE AND SEPARATION OF POWERS
  1. Ensure reformation of prosecution service in accordance with requirements of the Law «On Prosecution Service», particularly to increase salaries of prosecutors to the level determined by the law, to ensure publication of all decrees of the Prosecutor General, etc.

Decision-making authority: Prosecutor General’s office, Cabinet of Ministers.

  1. Involve the prosecution service into the system of justice and create joint self-government bodies within the justice system.

Decision-making authority: Verkhovna Rada.

  1. Bring the structure and powers of the National Police into conformance with the European standards, create single detective subdivisions that would combine the powers of investigators and field agents.

Decision-making authority: Verkhovna Rada, Ministry of Interior.

  1. Establish the State Bureau of Investigations and launch its operation.

Decision-making authority: Cabinet of Ministers.

  1. Turn the Security Service of Ukraine into an effective counterintelligence body depriving it of untypical powers according to the standards of the Council of Europe.

Decision-making authority: Verkhovna Rada.

  1. Eliminate tax militia establishing the respective finance police or transferring its powers to the State Bureau of Investigations.

Decision-making authority: Verkhovna Rada, Cabinet of Ministers, Ministry of Finance.

  1. Deprive the penitentiary service of the criminal justice functions and ensure the necessary conditions for stay at the penitentiary institutions.

Decision-making authority: Verkhovna Rada, Ministry of Justice.

  1. Regulate legislatively the possibility of establishing municipal guard in the communities, which wouldbe in charge of public services and amenities, parking etc without the right to use guns or riot control weapons.

Decision-making authority: Verkhovna Rada.

  1. Regulate legislatively the possibility to create comfortable parking space for big Ukrainian cities and increase the amount of budget income from parking fees.

Decision-making authority: Verkhovna Rada.

GOAL II. EFFECTIVE CRIMINAL LAW
  1. Introduce the institute of criminal misdeeds.

Decision-making authority: Verkhovna Rada.

  1. Bring the system of administrative sanctions into conformance with the European standards.

Decision-making authority: Verkhovna Rada, Ministry of Justice.

  1. Renew the Criminal Code in order to diminish discretion in the course of sentencing, determination of precise and exhaustive wordings, etc.

Decision-making authority: Verkhovna Rada.

GOAL III. FAIR CRIMINAL JUSTICE
  1. Create full-fledged jury trial, where the jury will render verdict of a person being (not) guilty and the judge determining the sentence on its basis.

Decision-making authority: Verkhovna Rada.

  1. Ensure legislatively the European level of standards of human rights protection of accused persons in criminal proceedings.

Decision-making authority: Verkhovna Rada.

  1. Introduce the mechanisms of state support of crime victims.

Decision-making authority: Verkhovna Rada.

  1. Ensure the possibility to review sentences of persons who were convicted using repressive methods of the Code of Criminal Procedure of the USSR.

Decision-making authority: Verkhovna Rada.

ADDITIONAL INFORMATION

Group experts

  • Banchuk Oleksandr
  • Khavroniuk Mykola
  • Malyshev Borys
  • Bahlai Serhii
  • Fedoseiev Andrii
  • Hnidets Andrii
  • Krapyvin Yevhen
  • Mykhailo Kamenev
  • Petrakovskyi Volodymyr
  • Sliusar Andrii
  • Symonenko Zlata
  • Tsapok Maryna
TOP