BASELINE STUDY ON IMPLEMENTATION OF TRANSITIONAL JUSTICE IN

Abstract review

Kyiv 2017 УДК Baseline Study on Implementation of Transitional Justice in Ukraine: abstract review / Ed. Arkadiy Bushchenko, Mykola Gnatovskiy. – Kyiv, 2017, 34 p. ISBN ….

Abstract review reflects the main content of a collective monograph: prepared by the academics, legal practitioners and civil society experts, it for the first time detailed the essence, key elements and implementation mechanisms of Transi- tional Justice. Transitional Justice is considered in the context of simultaneous transition of the Ukrainian society from the authoritarian past to a democratic modernity and from the military conflict to post-conflict situation. The paper includes analysis of implementation of Transitional Justice models in other countries; the main emphasis was made on a simple inability to borrow any model of Transitional Justice due to different social and cultural characteristics of each country, where these models are used. The given paper intends to raise the subject-matter understanding by deputies, public servants working in the field of criminal justice, law enforcement, culture and social welfare; representatives of international and non-governmental orga- nizations. The monograph is recommended for printing by the Academic Council of the Institute of International Relations of Kyiv National Taras Shevchenko University Background of study (Minutes № 8 dd. March 28, 2017). At the beginning of 2016 the idea of introducing the principles of Transi- tional Justice to case has been the subject of preliminary For total or partial reproduction of this material the link to the publication is discussion involving experts of the Ukrainian Helsinki Human Rights Union, obligatory. the USAID “Fair justice” Project, the International “Renaissance” Foundation and the Office of the UN High Commissioner for Human Rights. A meeting resulted in a developed concept of the study and an authoring team was formed engaging 16 experts – representatives of the scientific community, NGO sector, judiciary and the BAR.

On May 25, 2016, at the initiative of the UHHRU at the Ministry of Justice of Ukraine there was held an international round table discussion “Pros- This publication is made possible by the generous support of the pects for implementing Transitional Justice in Ukraine”, which brought to- American people through the United States Agency for International gether about 50 representatives of government agencies and authorities, Development (USAID) in the framework of the Human Rights in Action experts from international and non-governmental organizations, scien- Program implemented by the Ukrainian Helsinki Human Rights Union. tists of leading academic institutions of Ukraine. Recommendations of the Opinions, conclusions and recommendations presented in this round table on implementation of Transitional Justice were sent to the publication do not necessarily reflect the views of the USAID or the Presidential Administration and the Cabinet of Ministers of Ukraine. The United States Government. The contents are the responsibility of the undisputed positive result of the round table was the start of forming of authors and UHHRU. a network of experts in the field of Transitional Justice, ready to integrate the world’s best practices into Ukrainian realities.

© Ukrainian Helsinki Human Rights Union, 2017 The actual work on the study included cover- age of three subject blocks: review of other countries’ experience; practically-oriented assessment of the current situation in Ukraine (analysis of legislation, statistics and existing prac- tices); assessment of prospects for the implementation of the Transitional Justice principles and forma- tion of its national model. This approach has determined the structure of the study, which appears as fol- lows within a collective monograph:

We hope that reading of the monograph text will contribute to raise awareness of the legislators and experts on Transitional Justice as a model for comprehensive reform of government activities amid the armed conflict and on its completion. Results of the study will also be useful for the de- velopment of certain legislative and civil initiatives, as well as in forming of public perception and understanding of the need to implement Transitional Justice, and interest in creating its national model.

It should be noted that this study is made possible by the generous support of the American people through the United States Agency for International Development (USAID) in the framework of the Human Rights in Action Program implemented by the Ukrainian Helsinki Human Rights Union. Responsibility for content is laid on authors and it does not necessarily reflect the views of the US Agency for International Development or the United States Government.

4 5 The conflict in the The main results The total area of the of the study occupied territories is East of Ukraine: thousand The situation of armed conflict is certainly one of the biggest sq. km. ordeals for any state. Particularly serious this ordeal is for As a result of (equal to the young states that not long ago became independent and shelling conflict territory of appeared on the political map of the world. Ukraine is a young zone is contaminated Switzerland or 9 500 with heavy metals state, in which for a long time one of the main achievements the Netherlands) was the civil peace and calmness. Despite the corruption, (titanium, vanadium, low income of citizens, social injustice and inequality, our strontium). Flooding of mines, poisoning state and society managed to preserve civil peace and not of whom about of drinking water to enter into situations of very serious internal disturbances 2 thousand - civilians and the appearance and tensions that could escalate into armed conflict. In fact, more than of radioactively during the years of independence of our country anyone 22 thousand wounded contaminated waters in Ukraine even did not think about armed conflict and its of the Azov Sea possible consequences. and the Siversky Donets could lead Civil riots of early 2000’s, the in 2004 to environmental were serious challenges for our country and important stages disaster of Chernobyl in the transformation of the Ukrainian people into a real civil 3 700 000 level. Actions of society that appreciates their rights and freedoms most of all million victims of the combatants caused and ready to defend their choice and their dignity. considerable damage of 2013-2014 has become another important milestone in conflict (equal to the to cultural heritage the development of Ukrainian civil society. Citizens of Ukraine population of Berlin), due to shelling, wanted to defend the right to European integration, European 1 783 649 robbery and use whom 580 thousand - children them as protective civilizational choice. Therefore, Euromaidan has become one internally displaced of the key stages in the development of our young state. structures. However, it was Euromaidan or rather a violent response people (equal to the to it that caused the first deaths of peaceful protesters in population of Vienna), the history of independent Ukraine. It was namely violent of whom response of the law enforcement bodies on peaceful protest of Euromaidan that destroyed civil peace in Ukraine and, as – children it turned out later, opened the «Pandora’s box» of military 228 049 confrontation in various parts of our country. Actions of occupation Today it is clear that another state, the aggressor state - the Losses from destruction of Russian Federation is involved in the violent suppression of peaceful Euromaidan protest, the occupation of the ARC and infrastructure during the authorities in Crimea: Sevastopol, the beginning of armed conflict. hostilities reaches more than more than objects of private state-owned companies, property were USD 15 bln institutions and organizations destroyed 330 and 280 private enterprises were 1600 unlawfully nationalized Simferopol– 450 Simferopol district – 590 Sudak – 338 Yalta – 225 Yevpatoria – 36 6 7 prosecution for the most serious crimes and the need to apply the amnesty and other mechanisms of reconciliation on persons who did not commit the most serious or serious crimes.

It should also be taken into account that after the collapse of the USSR there were formed several areas where armed conflicts took place: Nagirny Karabakh, Transdnister, Abkhazia, South Ossetia. All these armed conflicts began in early 1990 and then were “frozen”, so they remain unsolved till now. Such uncertainty in the status of the terri- tories, in their relations with other states and the world turns such areas into “gray” zones, which cided to conduct the study entitled “Baseline often have serious problems with respect for Study on Implementation of Transitional Justice Kostroma paratroopers tell rights and freedoms. Most of all such “frozen- in Ukraine”. This study was prepared in the form their version of how they got to ness” of armed conflicts affects the population of collective monograph, prepared by scientists, Ukraine of these territories, as they often lose important legal practitioners and experts from NGOs. It for social benefits and their whole life is connected the first time reveals in detail the content of es- with the struggle for survival. sential elements and mechanisms of implemen- tation of Transitional Justice. Transitional Justice It should be noted that in these armed conflicts is considered in the context of simultaneous in the territories of former Tran- transformation of Ukrainian society from author- Actually, this state has caused a deep and severe How to restore trust to each other of residents of sitional Justice mechanisms were not used or itarian past to democratic present and from con- crisis, which lasts in Ukraine for more than three different regions. How to apply amnesty to people were used insufficiently, and it is likely that their ditions of armed conflict to post-conflict situation. years already. Of course, the state should bear who have not committed serious crimes. How to use could improve the situation and contribute The study analyzed the experience of implement- international legal responsibility for his actions impose criminal liability to persons who have to its solving. The armed conflict in some parts ing Transitional Justice models that exist in other and restore the territorial integrity and sove- committed the most serious crimes, including of the Donetsk and Luhansk regions started in countries. There was made an accent on inability reignty of Ukraine. However, the state can not crimes against humanity and war crimes. How can April 2014 and has claimed many lives, leading of simply borrowing of any model of Transitional restore peace and trust between the citizens of the international community and international to pain and suffering of many families. Despite Justice due to different social and cultural fea- Ukraine who have different political views, - dif law help us with all this? It is not easy to answer all the efforts of Ukraine and the international tures of each country where these models were ferent visions of development of Ukraine and its these questions, but already now we need to look community to resolve it, this conflict continues applied. This collective monograph is meant for future. Because, unfortunately, many citizens of for answers, not to be late. to this day, and the probability of its “freezing” deputies, public sector employees working in the Ukraine supported the actions of the aggressor is rather high. Minsk agreement, a key as of to- field of criminal justice, law enforcement, culture Transitional Justice (transitive justice) as a model, state and combated with weapons against their day mechanism of the international community and social welfare, representatives of interna- which provides the legal and political mechanisms Motherland. And when the enemy state aggres- to end the armed conflict in the Donbas actually tional and non-governmental organizations and of national reconciliation and bringing to justice sion, occupation of Crimea and armed conflict in is also a mechanism of Transitional Justice that all those interested in Transitional Justice and those who have committed serious crimes the Donbas come to the end, Ukrainian citizens establishes the requirements and criteria for the national reconciliation. can help with this. Namely Transitional Justice themselves will need to be reconciled with each gradual reintegration of temporarily uncontrolled mechanisms can ensure a balance between other and learn to continue to live together and territories. build the future together. Nobody will do this job criminal responsibility and national reconciliation. for us and we should be ready for it. It is clear that a wide-ranging dialogue should Considering all this, it is essential that the state lead to such reconciliation, the subject of which, and civil society were aware of how Transitional Even now, when the active phase of Crimea in particular, will be amnesty for those who Justice can be used during and after the armed occupation and armed conflict in the Donbas took up arms during the armed conflict in some conflict in some areas of the Donetsk- andLu is still continue, Ukrainian society should think areas of the Donetsk and Luhansk regions. It is hansk regions and actively participated in the about how to build their postwar future. How to Transitional Justice that is meant to provide a development of such mechanisms. That is why reconcile citizens with different views and visions. balance between the need to ensure criminal the Ukrainian Helsinki Human Rights Union de-

8 9 Our study is constructed in the way that enables scribe the interrelated aspects of the completion the reader to learn about the concept of Tran- of the process of transition to liberal democracy. sitional Justice, to evaluate it in the light of the The concept of Transitional Justice mainly is used experience of other countries, to get know about in two meanings - to describe the post-conflict international instruments of Transitional Justice, and post-authoritarian periods1. to analyze this concept in terms of various inter- Accordingly, the idea of Transitional Justice national institutions from different regions of the shows the movement between two points: world, to explore the first steps and elements of 1) departure (the dictatorship, com- application of Transitional Justice in Ukraine and munism, war, including civil, foreign oc- to analyze possible future steps to further imple- cupation, chaos, anarchy, genocide); mentation of the concept. 2) arrival (developed liberal constitu- The study is also aimed to develop a special, tional democracy). Ukrainian model of Transitional Justice, which Transitional Justice includes legal practices and will take into account all the peculiarities of the challenges the state and the society, which are conflict in Ukraine and possible ways to overcome transformed when the right is used in two ways: it. as a means of transformation and as the di- rection of transformation, face with. Each form Our study begins with a theoretical presentation of democratization face with different challen- of the principles of Transitional Justice, namely ges and Transitional Justice in various hot spots the overview of characteristic of the transitional around the world has its own problems. Under period, the emergence of the concept of Tran- peaceful transformation the most important is- sitional Justice and its philosophical dimension. sue is to deal with the past, which is not limited The concept of Transitional Justice is relatively only by the remains or legacy of the previous re- new. In general it is associated with the wave of gime. Transitional Justice is a constitutional issue democratization around the world that began in for new social, political and legal systems that the end of the twentieth century. This concept has have replaced the old situation. Different coun- teleological and ideological dimensions. Both de-

Hakeem O. Yusuf. Transitional justice, judicial accountability and the rule of law. – Routledge, 2010. – P. 133.

10 11 tries have embraced different approaches to tional Justice describes the period of application Transitional Justice, which had an effective -im of mechanisms, tools and practices in response pact on the form and structure of the new re- to repressions, events of conflict or war to coun- gimes2.. ter and overcome the consequences of the vio- lation of human rights and/or humanitarian law The conventionality of the term “Transitional that occurred in the past. Justice” should be taken into account since the moment of completion of this transition can not Development of the concept of Transitional Jus- be clearly defined in the time. Firstly, the transi- tice began from the mid-90 of the XX century, tion may take decades. Secondly, the transition and that is why it is called a relatively new area covers various spheres of relations, and therefore of research. But the events that have become the can be completed for some areas and continue de facto basis for the relevant theoretical devel- olations4, and ensure the right to know what hap- Justice involves a set of values and commitment for others. In this regard, some researchers pre- opments took place a bit earlier in Inter-Ameri- pened5, and the right to reparations6. It was also to certain results. fer another term - post-conflict justice, to move can region (Chile, Argentina, Guatemala, El Salva- determined that states are bound to adopt and away from having to decide what the aim of the dor and others) and in other regions of the world implement the guarantees of non-repetition of A key thesis of the concept of Transitional Justice transition is and when such transition can be (primarily, it is about South Africa). violations that occurred, and conduct institutional is that this time of changes, which every state considered complete. But then there is another reforms to prevent that what happened will nev- where there have been massive violations, must problem: if the issue is not an armed conflict, but It is accepted that starting from 1974 more than er happen again7. pass through, should include the administration 100 countries have had experience of transi- the change of regime, the elimination of authori- of justice on offenses committed in the past. It tion from non-democratic regime to democracy tarian rule, under which were organized mass re- However, it should be realized that the concept is a condition of establishing peace, strengthen- or from armed conflict to peace. The concept of pression, such changes can not be covered by the of Transitional Justice arose not in a theoretical ing the values of a democratic society and the Transitional Justice appeared in the main thanks concept of post-conflict justice. vacuum, not in a void. It is a part of a more global rule of law. This thesis put as a basis of the work to advocacy campaigns that were launched project of human rights. Its ideological origin lies concept of Transitional Justice proposed by the In general, if we analyze proposed in the liter- around the world in response to serious viola- in liberal theory. UN. In accordance with it the Transitional Jus- ature approaches, we can conclude that Transi- tions of human rights and/or humanitarian law3. tice includes a complete set of processes and Therefore, a complete understanding of the con- mechanisms associated with a society attempts cept of Transitional Justice is possible only in the to come to terms with the legacy of large-scale «Bulldozer Revolution» (2000, Serbia) context of the theory of human rights. Its tools abuses of the past and to ensure accountability, «Rose Revolution» (2003, Georgia) and mechanisms - truth commissions, trials, justice and reconciliation. cross-sectoral reforms in the law area and law Maidan (2004, Ukraine) enforcement structures, modification of the po- Despite the fact that now you can see quite a «Tulip Revolution» (2005, Kyrgyzsia) litical system - all this is only a single manifesta- wide range of approaches to the understanding tion of a vision of the society, which creation be- of Transitional Justice, now there is a certain con- The action «Occupy Wall-Street» (2011, USA) comes desirable at some point in history. In other sensus on the objectives and content of this pro- «Arab Spring» (2011, Middle East and North Africa) words, recourse to mechanisms of Transitional cess. Its foundation is composed of four elements

4Mendez J. Accountability for Past Abuses / Mendez, Juan // Human Rights Quarterly. – 1997. – V. 19. – N 2. – P. 255; Orentlicher D. At that time there was a sense (it persists till now) vocacy campaigns, rather powerful, to conduct, Settling Accounts: The Duty to Prosecute Human RightsViolations of a Prior Regime / Orentlicher, Diane // The Yale Law Journal. – 1991. – V. 100. – N 8. – P. 2537-2615; Settling Accounts Revisited: Reconciling Global Norms and LocalAgency // International Journal of of a strong need to combat impunity, and human in accordance with the standards of international Transitional Justice. – 2007. – V. 1. – N 1. – P. 10-22. rights were seen as a suitable means to achieve law, investigations, prosecutions and punishment 5Hayner P. Unspeakable Truths: Confronting State Terror and Atrocity / Priscilla Hayner. – New York, London: Routledge, 2001; Rule-of- this. Lawyers in human rights area launched ad- of those responsible for serious human rights vi- LawTools for Post-Conflict States: Truth Commissions / Office of the High Commissioner for Human Rights. – UNITED NATIONS, 2006. 6Shelton D. Remedies in International Human Rights Law. Secondedition / Dinah Shelton. – Oxford: Oxford University Press, 2005; Report of Diane Orentlicher, independent expert toupdate the Set of principles to combat impunity – Updated Set of principles forthe protection and promotion of human rights through action to combat impunityJoinet Principles / UNITED NATIONS, 1997; Basic principlesand guidelines on the right to a remedy and preparation for victims of grossviolations of international human rights law and serious violations 2 Čarnota A. About the bright case of uncertainty or transitional justice and rule of law // Philosophy of Law and the general theory of of international humanitarian law Van Boven-Bassiouni Principles / Office of the High Commissioner for Human Rights. – UNITED law. - 2013. - № 2. - P. 185. NATIONS, 2005. 3Artur P. 2009. How ‘Transitions’ Reshaped Human Rights: A Conceptual History of Transitional Justice / Paige Artur // Human Rights 7Shelton D. Remedies in International Human Rights Law. Secondedition / Dinah Shelton. – Oxford: Oxford University Press, 2005; Quarterly. – 2009. – Vol. 31. – N 2. – P. 336. History of Transitional Justice // Human Rights Quarterly. – V. 31. – N. 2. – P. 321-367.

12 13 of Transitional Justice highlights the nature and But of course, we must also consider the fact purpose of justice as such, it is intended to allow that the war in the Balkans is largely different peaceful coexistence of people. from the armed conflict in the Donbas, in particu- lar that an important role in it played religious, As for the foreign experience with Transitional ethnic and national factors. As for the experience Justice mechanisms, then, of course, the first of Bosnia and Herzegovina, here we first of all point that should be noted is that the finished need to note the experience of “hybridization” of standardized recipes of Transitional Justice trials in this country, where national judges were mechanisms application do not exist and their usually engaged in fact-finding issues and - for use will depend on the particular country, the fea- eign – in issues of law. tures of the society, ethnic, religious and gender issues. But, of course, one of the most interesting Such hybridity in Bosnia and Herzegovina has for Ukraine is the experience of the Balkans, as affected even the Constitutional Court, in which in this case we are talking about events that took three of the nine members are appointed by the place relatively recently in Europe. President of the European Court of Human Rights after consultation with the Presidency of Bosnia and Herzegovina (a kind of collective body with the functions of a head of state).

Examples of hybrid courts: • Special court chambers on serious crimes in Timor-Leste (2000); • Mixed judicial divisions in Kosovo (2000); • Special Court on Sierra Leone (2002); • Court Chamber on investigation of war crimes in Bosnia and Herzegovina (2005); (another thing that the debates about what each form of massive human rights violations with • The extraordinary court chambers in Cambodia (2006); of these elements represents and how they re- “horizon of expectations” which covers the dis- • Special Tribunal on Lebanon (2007). late to each other go on), usually transition stage closure of truth, justice and reconciliation. The involves the process of bringing the perpetrators reclaim of the past includes not forgetting, but of massive violations to justice and punishment rather the hard work of memory in the form of Another element of Transitional Justice is lustra- numbering in post-war Bosnia, about 24 thou- for the committed crimes; process of reparation recognition: recognition of past events, recogni- tion, under which the system should understand sand people, which was carried out by the UN to victims of coursed losses; the process of es- tion of a self as a subject of experience and mu- the measures taken, as a rule, during the political mission); 2) 2002 - 2004 (reform of the judiciary tablishing the truth, a full investigation of viola- tual recognition of people as bearers of dignity transformation and aimed at identifying politi- and the prosecution, which collectively totaled tions that occurred during the conflict or were re- and rights. cally unreliable persons and to restrict access of about 1,000 persons that they were to be lus- pressive; institutional reform process, which will such persons to public posts9. In time slot lus- trated by high judicial and prosecutorial councils ensure that such violations do not recur8. Transitional Justice shifts the focus from retribu­ tration in Bosnia and Herzegovina took place in which half consisted of foreigners and acted both tive (punitive) justice dimension, focused on two stages: 1) 1999 - 2002 (reform of the police, at the level of the federation, and at its compo- It should also be understood that Transitional bringing the perpetrators to justice, to the recov- Justice is the way of development of the past ery dimension focused on rehabilitation and res- as the correlation of “space of experience” in the toration of human dignity. However, an example 9 We note straight away that lustration is a term used primarily on post-socialist transformation in Europe. In UN documents another term traditionally is used - vetting. Although some authors, as N.A. Bobrinskii rightly notes, fine semantic differences between lustration and «vetting» for the purposes of our study we will take these terms as synonymous. See: Bobrynskyy N. The International standards in the 8Sandoval C. Transitional Justice: Key Concepts, Processes and Challenges / Clara Sandoval // VillalbaInstitute for Democracy & Conflict field of lustration: reality or wishful thinking? // Comparative Constitutional Review. 2015. No. 6. P. 13-29; Smorodinsky V. Problem of im- Resolution – Briefing Paper (IDCR-BP-07/11). – Part of the University of Essex Knowledge Gateway, 2011. – 13 р.; Annan K., UN Secretary- plementing lustration procedures for cleaning government, European and domestic experience // Law of Ukraine. 2015. No. 5. P. 111- 120. General. The Rule ofLaw in Conflict and Post-Conflict Societies. – NY: UnitedNations, 2004; Arthur P. (2009), How Transitions Reshaped Of more early referential is considered the publication of: S. Shevchuk European standards of lustration measures limitation: legal aspect HumanRights: A Conceptual History of Transitional Justice / P. Arthur // Human Rights Quarterly. – 2009. Vol. 31(2). – P. 321-367; Bell // Bulletin of the Academy of Sciences. 2006. № 2. P. 32-42. A good overview of the practice of constitutional justice in Europe on various C. Transitional Justice, Interdisciplinarityand the State of the “Field” or “Non-Field” / Bell C. // International Journal of Transitional aspects of lustration was published in No.No. 2-3 of «Bulletin of the Constitutional Court of Ukraine» for 2015 Justice. – 2009. – Vol. 3(1). – P. 5-27; Cassel D. The Inter-American Court of HumanRights / in Victims Unsilenced: The Inter-American HumanRights System and Transitional Justice in Latin America. – Washington DC: Due Process of Law Foundation, 2007. – P. 151-167.

14 15 authorities received wide international recogni- posing forces in society (national and political tion everywhere as a tool of Transitional Justice14. reconciliation). In some cases, it can be argued that the purpose of reconciliation was integral or In addition, the Truth Commissions may be au- even the main purpose of creating of the truth thorized to promote reconciliation and to break commission15 “The truth is the path to reconcili- the cycle of violence, hatred and revenge be- ation” was the motto of the most famous in the tween enemies (individual reconciliation) or op- history truth commission16.

Examples of the truth commissions: • The National Commission for Truth and Reconciliation (Chile) • The Truth Commission (El Salvador) nents: actually at the level of Bosnia and Herze- It should be kept in mind that the former Yugo- • The Commission on Missing (Argentina, Uganda, Sri Lanka); govina and Republika Srpska10). slavia became a kind of “laboratory” of transitive justice. “This is where we saw the first attempt to • The Truth and Justice Commission (Ecuador, Haiti, Mauritius, Paraguay, Togo); The introduction in the territory of the former create an international tribunal, the first regional • The Commission of truth, justice and reconciliation (Kenya); Yugoslavia, including Serbia, theoretical and ap- system of special hybrid courts and prosecutors • The Truth and Reconciliation Commission (South Africa, Chile, Peru, etc.). plied concept of “transitive justice” was not only to investigate violations of international humani- a procedural innovation, but can and should be tarian law, first resorted to technology of “recon- considered in the broader context of democratic ciliation with the past” as an essential condition In general, the Truth and Reconciliation Commis- the Commissions successfully supplement it, changes that have intensified in the region after of interethnic concord”12. One of the key mech- sions take a special place in the development of shifting the focus from the responsibility to es- the fall of S. Milosevic regime. anisms of justice of Transitional Justice was In- mechanisms of reclaiming the past within the tablishing truth and reconciliation, from punish- ternational Criminal Tribunal for the former Yu- Transitional Justice, because they not only inves- ment, which criminals are to be exposed to, to The main impetus that gave rise to the intro- goslavia, one more important mechanisms was tigate individual cases, but first of all try to un- compensation, which victims require. However, duction of the concept of Transitional Justice in truth commissions that operated in the territories derstand the nature and extent of human rights the achievements of the commissions, as a rule, Serbia, was the “Bulldozer Revolution” of October of mainland Serbia and Serb autonomies in com- violations, and also causes and consequences of significantly contribute to further justice. 5, 2000, which ended with the overthrow of the position of other republics of the former Yugo- these violations. Apart from the execution of the Given the universal nature of the rights enshrined President S. Milosevic. There should be noted a slavia. right to the truth, commissions are also intended certain unevenness in the legal development of to pay tribute in the Europe- the “Balkan model” of transitive justice: if in Bos- Accordingly, one of the mechanisms of Transi- to the victims an Conven- nia and Herzegovina, one more republic of the tional Justice are the Truth and Reconciliation of crimes (to tion on Hu- former Yugoslavia, the first steps in a specified Commissions. The Truth Commissions (Commis- hear their man Rights, direction were taken soon after the cessation of sion on the establishment of the truth) are offi- opinion, to the issue of bloodshed in 199511, in Serbia judicial and law cially approved interim authorities, which are giv- restore their dignity and to develop recommen- “Transitional Justice” was not left without atten- enforcement agencies remained virtually unre- en relatively short period of collecting evidence, dations on reparations) to help to counteract im- tion of the European Court of Human Rights as a formed not only during the war of 1991 - 1995, investigation and study of materials and public punity, promote accountability for human rights key element of a European mechanism to protect but the next five years after its completion. Only hearing in cases, after which they complete their violations at the level of institutions and develop human rights. Since the adoption of the European coming to power in 2000 of the first democrati- work and publish the final report13. Since 1974, reforms needed to prevent such violations in the Convention on Human Rights the European Court cally elected president V. Kostunica has changed when the first such commission was created in future, to promote reconciliation - individual, na- of Human Rights considered a significant number the status quo, prevailing in the country. Uganda (Commission of Inquiry into people dis- tional policy and, ultimately, reconciliation with of cases, which covered issues related to “Transi- appearances in Uganda), such non-judicial truth its own past. Not replacing the legal procedure, tional Justice” related to a broad range of issues.

10 In total in these councils 17 national members (judges, prosecutors and lawyers) and 8 foreigners, two of whom occupied the post of 14 Detailed analysis and generalization of the experience of truth commissions represented in the study of Prystsylly B. Heyner on which president and vice president of the Council respectively have worked. we will primarily rely also later: Priscilla B. Hayner. Unspeakable truths: Transitional justice and the challenges of truth commissions. 2-nd 11 See., e.g..: Mayer-Rieckh A. Vetting to prevent future abuses: reforming the police, courts, and prosecutor’s office in Bosnia and Herze- ed. New York, London: Routledge, 2011. 376 p. govina // Justice as prevention / Ed. by A. Mayer-Rieckh & P. de Greiff. N. Y.: SSRC, 2007. P. 180-220. 15 Priscilla B. Hayner. Unspeakable truths: Transitional justice and the challenges of truth commissions. P. 20–23. 12 Dragovic-Soso J., Gordy E. Coming to terms with the past: transitional justice and reconciliation in the post-Yugoslav lands // New per- 16 The South African Truth and Reconciliation Commission report [Electronic resource]. – Access mode: http://www.justice.gov.za/trc/ spectives on Yugoslavia: key issues and controversies / Ed. by D. Djokic, J. Ker-Lindsay. L.: Routledge, 2011. P. 193. report/index.htm. 13 Tools to ensure the rule of law in post-conflict states. The Truth Commission. UN. New York, Geneva, 2006. P. 1.

16 17 At that, the European Court studying whether to in paragraph 3 of Article 2 and Articles 9, 12, ICC does not accept any personal immunities and mitted during the armed conflict and is a serious there are violations of human rights took into 14 and 17 of the International Covenant on Civil may prosecute any individuals, even current offi- violation of international humanitarian law. That account the “special conditions” (peculiarities of and Political Rights and Articles 5, 6, 8 and 13 cials who have high chances to avoid responsi- is a war crime violates the prohibition that ex- interference in human rights), which one or an- of the Convention on Human Rights and Funda- bility in the national judicial system. In the grand ists in the contractual or common law of armed other person, society or state found themselves mental Freedoms in some areas of the Donetsk scheme of things, the ICC works when the state conflicts. The overall assessment of the system’s in during transitional period. Issues relating to and Luhansk regions of Ukraine determined by can not or do not want to provide fair justice ability to work during the transition period de- the transitional period and that in relation to this the Anti-Terrorist Center of the Security Service against perpetrators of crimes against interna- pends upon the way the national legal and judi- period usually are considered by the European of Ukraine in connection with the anti-terrorist tional law on their own. cial system prosecute those responsible for war Court, are issues of investigating crimes against operation for the period until the complete cessa- crimes. Another important point is that the per- humanity and prosecutions of perpetrators after tion of military aggression of the Russian Feder- Particular attention during armed conflict and the sons who committed war crimes, crimes against the regime changed, the issues of amnesty, lus- ation, recovery of constitutional order and order transitional period should be given to possible humanity or genocide can not be subject of am- tration, restitution and reparations for losses. In in the occupied territory of Ukraine. Ukraine also war crimes. War crimes is a serious violation of nesty. It always should be kept in mind during crisis situations that lead to the onset of transi- has reserved the right to take measures that may international humanitarian law, commission of the negotiations on the winding-up of the armed tional period, countries that found themselves in be grounds for derogations of obligations under which involves the individual criminal responsi- conflict. the “transitional situations” can commit violation other articles of these international treaties. bility. War crimes are classified as crimes against international law (international crimes) togeth- The need for introduction in Ukraine of elements As for other parts of the world, in Latin America er with genocide, crimes against humanity and of Transitional Justice confirmed not only the Transitional Justice is provided in particular by aggression. War crime differs from the ordinary revolutionary events of recent years, the occu- the Inter-American Commission on Human Rights one by its contextual element - that it is com- pation of Crimea and armed conflict initiated by and the Inter-American Court of Human Rights. Transformations in Latin America occurred usual- ly during the change of state and legal (political) In the Criminal Code of regimes, during which there have been armed conflicts and [mostly internal, of non-internation- Ukraine there are several al nature, although there were exceptions: the articles criminalizing war so-called “Football War” – in Spanish Guerra del crimes. Principal one is Fútbol - between El Salvador and Honduras hav- Article 438 “Violation of ing lasted from 14 to 20 July 1969] due to the the laws and customs of resistance of the previous regime or in response war.” Provisions of this of human rights, which under normal conditions to the violence used by this regime. The experi- article are very general would have been unacceptable, that, however, ence of these two bodies, and also Latin America and not detailed, so it does not preclude the obligation to abide by the countries can be useful for Ukraine, of course, seems that its content rule of law and international standards of human subject to consideration of regional features and should be laid out in a rights, but this special situation requires a bal- the nature of the conflict in Ukraine (foreign ag- new version based on the anced approach and a more detailed analysis of gression and intervention). best examples of interna- the right, which is violated, taking into account the tional law, including Arti- relationship between the interests of society and One of the most effective mechanisms that can cle 8 of the Rome Statute the individuals. May 21, 2015 the Parliament of be used during the transitional period is the Inter- of the ICC. Ukraine adopted the Statement “On derogation of national Criminal Court (ICC). ICC is a body of in- Ukraine from certain commitments under the In- ternational criminal justice, which aims to attract ternational Covenant on Civil and Political Rights individuals criminally responsible for committing and the European Convention on Human Rights.” the most serious crimes against internation- According to cl. 9 of this Statement, Ukraine used al law: genocide, crimes against humanity, war the right of derogation of obligations referred crimes, aggression17.

17 According to the Rome Statute of the International Criminal Court ICC will have jurisdiction over the crime of aggression as soon as provision, including the definition of the crime and the conditions for the application of this provision is adopted and enter into force.

18 Analysis of current Ukrainian reality of Ukraine Distrust to the judiciary proves reduce of public trust to the Prosecution Office of Ukraine national judicial system and judges, Cabinet of Ministers of Ukraine in comparison with other Courts Ukraine public authorities which is manifested both by specif- Police (militia) of Ukraine ic opinion polls and by certain social Other state authorities processes going on in recent years. The level of trust to other criminal justice agencies is also extremely low.

However, based on the results of var- ious opinion polls, we can also note that the level of trust to the court of people who, for various reasons, ap- plied to court, is higher than in gener- the aggressor state in the East of the state, but that is it was not high. However, the same level al among citizens. also by social trends and a number of events of trust in our country was also to the Govern- which occurred on the eve of the stormy days ment and to the prosecution, and to the Ministry II Block of Poll that completely changed habitual settled life of of Interior18. Needless to say how relevant is the the peaceful country. In such way, during 2010- increasing of trust to Ukrainian criminal justice Analysis of social and political events and trends Thus, the society was trying to solve problems 2013 in Ukraine there could be observed several agencies. Content analysis of global and regional of 2010-2014 shows that in Ukrainian society that have accumulated over the years on their trends: on the one hand, the reform of criminal standards in the area of organization and func- the prerequisites for social and political protests own, against the background of unsuccessful at- and criminal procedure and military legislation tioning of the criminal justice system shows that were brewing for a long time, they have been tempts of the state to cope with these dangerous aimed at its full humanization, and on the oth- declaration of the priority of the rights and free- caused by several factors, including the following: tendencies and condemnation of acts of official er - a growing dissatisfaction with the judicial doms of man and citizen, and their overall pro- representatives of the state and some decisions system, the system of criminal justice that man- tection by the state creates a significant public • Widespread practice of so-called “selective” of national justice at the international level, in ifested in numerous protests, which were organ- demand for a system of fair and effective crim- justice related primarily to the criminal pros- particular through the European Court of Human ized by citizens in front of courts, evolution of inal justice. ecution of former government officials who Rights in cases related to selective justice. In this such socio-legal phenomenon as “high-profile have lost their jobs; way Transitional Justice started its development criminal cases”, accompanied by meticulous at- One of the prerequisites for the effectiveness of • Inability to achieve a just and lawful decision in Ukraine. tention of media, coverage of their peculiarities the criminal justice system is trust of citizens at national criminal justice authorities and from the initial stages of criminal proceedings to it. The relevant provision is contained in the courts; The revolutionary events of 2013-2014 and until the consideration and resolution of cases on recommendations of the Committee of Ministers • Critical reduce of public trust to authorities, subsequent occupation of Crimea and develop- the merits by court. Some of these high-profile and the Parliamentary Assembly of the Council of including law enforcement agencies and ment of the armed conflict in the East of Ukraine, cases were of a purely political nature associat- Europe. The same applies to the judicial branch, courts; which is not yet finished, arose the urgent need ed with criminal prosecution of officials of last it is necessary to strengthen public trust to the • Numerous attempts to find an alternative to to find new, qualitatively different forms for -do term. The processes of selective justice received judiciary and wider recognition of the validity of traditional justice through public protests, in- mestic justice. extremely negative assessment from the inter- its independence and impartiality, in particular by vestigative journalism, applications to supra- national community, including the comments guaranteeing transparency in the work of judi- national court institutions, including the Eu- Transitional Justice must address the twin ob- from EU leaders, USA, adopting PACE resolutions ciary and its relationship with the executive and ropean Court of Human Rights, spontaneous jective: to promote resolving acute social conflict and making decisions by the European Court of legislative branches, and also by an active policy lynching practices (widely known as Lynch’s in the country and apply effective tools of repa- Human Rights. of judicial system representatives and courts in court); ration of losses to all victims of crimes, and to relation to the media and dissemination of gen- promote the establishment of new, independent, According to the European Social Survey in 2013 eral information with regard to the rights of the • Sudden outbreak of violence in the society self-sufficient system of criminal justice- agen the level of trust to the judicial system in Ukraine defense party and dignity of victims. that spawned both high-profile criminal - in cies that can not only effectively resolve social under a 5-point scale amounted to 2.1 points, vestigations and flows of uncontrolled - vio lence directed at judges and other members conflicts, but meet the need of citizens to justice, of law enforcement agencies. ensuring the application of the principles of the 18 Romaniuk Ya M.: Interview of the President of the Supreme Court of Ukraine to “Journal of Law of Ukraine” Weekly // Legal. Journal. rule of law in practice. Ukraine. - 2013 - November 16 (№ 46).

20 21 One of the important tools of Transitional Justice, human rights violations; to conduct a serious the . This was put to the So, by that time the issue of potential ratification designed to provide a constant internal develop- investigation of violations when they occur; to basis of the impossibility of Ukraine’s accession by Ukraine of the Rome Statute shall not be put. ment of this system have to become corporate identify both victims and those responsible for to the Rome Statute without making appropriate This is quite a controversial provision that pro- standards of professional ethics. Latter are im- this violation; provide appropriate punishment changes to the Constitution of Ukraine. vides for delaying ratification of the Rome Stat- portant benchmarks for professional and out-of- for those responsible and to initiate and provide ute for a period of three years. service behavior of employees of criminal justice. compensation to victims of crime. Subsequent- Article 8 of the Association Agreement between Observance of ethical prescriptions is their es- ly, this decision was proved with its practice by Ukraine and the European Union stipulates that However, although Ukraine has not ratified the sential obligation which arises from the consti- the European Court of Human Rights and various the parties cooperate in order to strengthen Rome Statute, it accepted the jurisdiction of the tutional and legal status of the law enforcement UN documents, including the report of the Secre- peace and international justice by ratifying and International Criminal Court based on cl. 3 of Ar- agencies. Corporate ethics based on universal tary-General on the rule of law and Transitional implementing the Rome Statute of the Interna- ticle 12 of the Rome Statute by adoption by the moral imperatives, is an effective mechanism to Justice in conflict and in a post-conflict society in tional Criminal Court and related instruments. Ac- Verkhovna Rada of Ukraine of two Statements ensure accountability of the criminal justice sys- 2004. cordingly, the ratification of the Rome Statute is about the jurisdiction of that Court. The first tem to civil society and to enhance public trust an obligation of Ukraine under Association Agree- Statement was adopted on February 25, 2014 to it. These responsibilities were assigned to the four ment. In June, 2016 there were adopted amend- and relates to the recognition by Ukraine of the basic elements of Transitional Justice, criminal ments to the Constitution of Ukraine in terms of jurisdiction of the International Criminal Court on An effective mechanism of legal liability of em- justice, establishing the truth, reparations and justice. Part six of Article 124 of the Constitution crimes against humanity committed by top state ployees of criminal justice agencies is a neces- institutional reforms. These elements are prac- stipulates that Ukraine may recognize the juris- officials, which have led to very serious- conse sary condition to ensure public trust to the rel- tically and conceptually interrelated. Most socie- diction of the International Criminal Court on the quences and mass murder of Ukrainian citizens evant authorities and legitimation of the state ties that come out of a violent transitional period conditions specified by the Rome Statute of the during peaceful protests in the period from No- legal system as a whole. Institute of liability is and use transitional legal mechanisms combine International Criminal Court. However, this provi- vember 21, 2013 to February 22, 201422. The formed as a result of regulatory consolidation some or all of these mechanisms. sion shall take effect only from June 30, 201921. second Statement was adopted on February 4, of social values, norms and rules generally rec- ognized and accepted in the society. Namely As noted above, one of the most effective mech- through the internalization of social values there anisms that can be applied during the transition- is provided the efficacy of liability for its subjects al period is the International Criminal Court (ICC). Prosecutor’s that are also integral members of the society. Ukraine has been actively involved in the prepa- General Office of Judges, prosecutors, employees of the police or ration of the Agreement, signed it and joined the On proceedings other law enforcement agency as a citizen is a Agreement on the Privileges and Immunities of Ukraine (2016): investigations part of a certain social group for which certain the International Criminal Court19, but the Rome 76 43 suspended in moral precepts and imperatives are important Statute is not ratified so far in connection with Procedural management of people were connection and significant. Respect by them as officials of the Opinion of the Constitutional Court of Ukraine joint criminal pro- held liable with search of generally recognized rules provides inter-sub- in the case on constitutional petition of the Pres- ceedings against 73 suspected jective social relationship between them and the ident of Ukraine on provision of the opinion on 58 participants of the society, while their violation is a prerequisite of constitutionality of the Rome Statute of the In- «DPR» and «LPR» of them responsibility. ternational Criminal Court (case on the Rome citizens of Statute) of July 11, 200120 The Constitutional 13 the Russian According to the Inter-American Court of Hu- Court of Ukraine in its Opinion formulated the le- 42 16 Federation man Rights in the case of Velasquez Rodriguez gal position according to which the provisions of against Honduras, all states have five funda- the Rome Statute, namely the tenth paragraph against par- against par- ticipants of ticipants of mental responsibilities regarding human rights of the preamble and Article 1 do not meet the the «DPR» the «LPR» protection: to take reasonable actions to prevent first and the third paragraph of Article 124of

21 Part six of Article 124 of the Constitution of Ukraine [Electronic resource] // Access mode: http://zakon3.rada.gov.ua/laws/ 19 Rome Statute of the International Criminal Court, International Document of 17.07.1998. [Electronic resource] // Access mode: http:// show/254%D0%BA/96-%D0%B2%D1%80/print1479553545937860 zakon3.rada.gov.ua/laws/show/995_588 22 Statement of the Supreme Council of Ukraine to the International Criminal Court for recognition by Ukraine the jurisdiction of the 20 The opinion of the Constitutional Court of Ukraine in the constitutional petition of the President of Ukraine on provision of the opinion International Criminal Court in relation to crimes against humanity committed by top state officials, which have led to very serious con- on the constitutionality of the Rome Statute of the International Criminal Court (case on the Rome Statute) of 11 July 2001 .// Official sequences and mass murder of Ukrainian citizens during peaceful protests in the period from November 21, 2013 to February 22, 2014 Bulletin of Ukraine of 27.07.2001 - 2001., No. 28, p. 104, article 1267, code of act 19454/2001 [Electronic resource] // Access mode: http://zakon4.rada.gov.ua/laws/show/790-vii

22 23 2015 and relates to the recognition by Ukraine of atize and summarize information about them. persons is defined by the Law of Ukraine “On the Numerous reports of human rights or- the jurisdiction of the International Criminal Court However, the problem is that at national level rights and freedoms of internally displaced per- ganizations record the problem of inter- on crimes against humanity and war crimes com- such special systematization has not been car- sons”24. Internally displaced person is a citizen of nally displaced persons as of follows: mitted by top officials of the Russian Federation ried out, and those registers (databases) which Ukraine, foreigner or stateless person who stays 1. Getting status of internally displaced person. and the leaders of terrorist organizations “DPR” are available and used, are not of official nature. in the territory of Ukraine on legal grounds and 2. Extension of status. and “LPR”, which have led to very serious conse- is entitled to permanent residence in Ukraine, quences and mass murder of Ukrainian citizens23. So, according to the National Police of Ukraine, who was forced to leave or abandon his place of 3. Getting targeted assistance to migrant. After adoption these Statements on recognition information about started criminal proceedings residence as a result of or in order to avoid the 4. Registration for IDPs pensions, subsidies and of the jurisdiction were sent to the International against members of terrorist organizations “LPR” negative effects of armed conflict, the temporary other social benefits at the place of residence Criminal Court and as of now its Prosecutor’s Of- and “DPR” and/or their representatives falls under occupation, widespread violence, human rights after displacement. fice conducts procedure of the preliminary exam- the category of service information of restricted violations and emergencies of natural or man- 5. Accession to the heirship25. access. In its turn, according to the Prosecutor’s ination of the situation in Ukraine for clarification made disasters. A citizen of Ukraine, foreigner or 6. Search of job and official employment under General Office of Ukraine, information about reg- of possible crimes against international law at stateless person who stays in Ukraine on legal the labor laws (often internally displaced per- istered criminal offenses (proceedings) and the Euromaidan, in Crimea and in the Donbas. grounds and is entitled to permanent residence sons are denied employment, illegally argu- results of their investigation are summarized in in Ukraine has the right to protection from forced ing that they have no official “residence”). However, the ICC will not perform our work instead the report under form no. 1, “The unified report internal displacement or forced return to the 7. Search of accommodation: both rent and pur- of us. The International Criminal Court works as on criminal offenses.” Information about persons abandoned residence. The main problem of prac- chase of housing for IDPs accompanied by a an additional complementary body to the nation- who have committed criminal offenses are sum- tical focus related to the legal status of this cate- number of problems as dishonorable agents al judicial system. It will take in the proceedings a marized in the report under form No. 2 «Report gory of persons is to establish the real number of try to involve these people in the fraudulent case only if the state can not or does not want to on perpetrators of criminal offenses”, formed IDPs: Firstly, not all of these people arrived in the transactions. Fairly typical is charging for the provide a fair trial in the case. In addition, tradi- monthly on cumulative basis from the beginning controlled by state territories register to obtain provision of non-existent rented dwelling, at- tionally international criminal justice authorities of the reporting period (year) in terms of articles the corresponding status; Secondly, many of the tempts to make illegal residential contract focus on the highest level officials. and sections of the Criminal Code of Ukraine on IDPs after the registration in Ukraine returned to for sale and purchase and others. the basis of data entered into the Unified regis- the occupied territory or the territory of hostili- The bulk of cases related to the armed conflict in ter of pre-trial investigations by users of the in- ties; Thirdly, some of this category of persons buy 8. Re-issuance of documents lost due to exit the Donbas, should be considered in the courts of formation system. At the same time, the current housing in Ukraine, thus losing de facto a status from the uncontrolled by the government ter- Ukraine and our state has an obligation to ensure reporting does not provide separation of data on of internally displaced persons, while continuing ritory (passports, birth certificates, diplomas, fair trial for all its territories. crimes committed by individual actors, including to enjoy the benefits arising from their status. references form universities about study, representatives of “Luhansk People’s Republic” employment records and many others.) The objectives of Transitional Justice, inter alia, is and “Donetsk People’s Republic” terrorist or- Practical implementation of rights of this catego- prosecution of those who committed war crimes ganizations. In this regard, a separate database ry of people is very problematic. Firstly, none of In general, the domestic system of justice in con- and/or application of amnesty to certain catego- on persons suspected / accused of committing public authorities today can “boast” clear data- nection with the events in the East of Ukraine ries of persons who participated in armed con- crimes in terms of international law referred to base on the number of internally displaced per- and Crimea faced a number of legal and practical flict. In particular, Minsk arrangements provided war crimes is not conducted. However, the infor- sons and the situation on ensuring their rights. problems, resolving of which directly affected the not only a cease-fire and the removal of heavy mation about such persons may be entered to The information, which comes from human efficiency and effectiveness of the system. First military equipment, but also amnesty for partic- general databases under other (common) crite- rights activists and international funds, working of all it is the lack of adequate legal protection ipants of military operations that have not com- ria, especially in the event of adding such per- in Ukraine is more objective and reflects the real of victims in connection with the events in the mitted serious crimes. sons on wanted list, including internationally. picture. East of Ukraine and Crimea, which had to be re- solved urgently. The maximum load was placed For the prosecution, amnesty and/or commitment Certain issues related to the armed conflict in the on the national system of justice, which had to of preventive measures in relation to persons in- Donbas is the issue of the rights and freedoms of decide both staffing and technical issues associ- volved in war crimes, it is necessary to system- internally displaced persons. The status of such ated with the transfer of state authorities to the

23 Resolution of the Verkhovna Rada of Ukraine “On Statement of the Verkhovna Rada of Ukraine “On recognition by Ukraine the ju- 24 On the provision of rights and freedoms of internally displaced persons: Law of Ukraine of 20.10 2014 // Supreme Council Bulletin. - risdiction of the International Criminal Court on crimes against humanity and war crimes committed by senior officials of the Russian 2015. – No. 1. - Article 1. Federation and the leaders of terrorist organizations “DPR” and “LPR”, which have led to very serious consequences and mass murder of 25 Zakharov B. Rights of internally displaced persons / B. Zakharov [Electronic resource]. – Access mode: http://helsinki.org.ua/prava-vnu- Ukrainian citizens’ “[Electronic resource] // access mode: http://zakon4.rada.gov.ua/laws/show/145-19 trishno-peremischenyh-osib-b-zaharov/. - Heading from the screen.

24 25 territory controlled by the Government and the • transfer of judges and employees of courts; ment of Transitional Justice because: (a) aims to practices; (b) satisfies the demand of the society procedural and organizational issues arose due • separation of jurisdiction of the courts of Lu- complete cleansing of public administration, its to justice and provides a “reset” of the domestic to the complexity of new categories of cases. hansk / Donetsk of jurisdiction of the courts building based on democratic European stand- criminal justice system, improves public trust to These issues are: where they were transferred; ards, eradication from it of illegal and corrupt courts and law enforcement agencies. • resources and technical support of the state • ensuring physical and technical accessibility authorities transferred to the territory con- of courts; The Law of cleansing authorities (Law on lustration) 2014: trolled by the Government; • high quality and prompt consideration and of about 9,000 judges - only 2% (167 persons) voluntarily • lack of funding; resolution by court of cases related to war retired; • transporting of cases and documents of pub- crimes and protection of internally displaced lic authorities from occupied territory; persons. 2017 Same, but re-elected court New court chairmen chairmen General courts 81,10 % 18,9 % Staffing problems in judges staffing persons ac- Among them are entitled Economic courts 69,7 % 30,3 % the judicial system: level is tually work to administer justice Administrative courts 68,8 % 31,3% 7968 6228 4937 (62% of the Courts of first instance 81,7 % 18,3% authorized Appeal and High courts 53,7 % 46,3% judges. staffing). In 72 court regular judgeships occupancy is less than 50%, Another important element of Transitional Jus- is to promote the restoration of peace and sta- in the 12 courts the number of judges entitled to administer tice is strengthening the independence of the ju- bility in the country, the restoration of the rights justice not exceed 25%. diciary. The independence of the judicial branch of victims of the conflict, the removal of social is one of the fundamental tenets underlying the tensions by adopting reasonable and motivated rule of law state and providing comprehensive decisions that satisfy the current request to re- Our study shows that the domestic system of to the composition and the procedure for forming principles of rule of law. This widely recognized store the balance of justice. criminal justice agencies makes only the first, im- the body authorized to impose measures of lus- in national and international guidelines element mediate steps to address these issues. Now its tration nature. Activities of latter should consider represents one of the most important achieve- With the armed aggression of neighboring state task is to adapt to new situation, implement new the legal status of employees who are brought to ments of human civilization in public construction ongoing in certain territories of Ukraine, the ju- and more effective methods of solving the afore- justice, and provide all the guarantees of a fair and plays a role not only of legal but also of so- diciary is charged with twin objective: to provide mentioned issues. It is necessary to adjust both judicial proceedings, provided by cl. 1, Art. 6 of the cial value that allows for a person whose rights seamless protection of its citizens fairly and im- the institutions and procedures to develop and European Convention on Human Rights. Grounds have been grossly violated to hope to justice partially consider and resolve criminal proceed- adopt new legislation. and procedural aspects of lustration should be balance under the results of the trial of his/her ings related to the punishment of those involved clearly defined in a special law. The Venice Com- case, for the state to maintain law and order and in war crimes, while preserving and strengthening An important element of Transitional Justice is mission noted national features of Ukrainian lus- stability in the society, and for the international guarantees of own integrity and independence. lustration, a special procedure of state officials’ tration: “The Law of Ukraine “On cleansing of au- community to observe the level of functioning of The Court is an integral element of Transitional responsibility, containing both legal and political thorities” differs from the lustration laws adopted democratic freedoms through national judicial in- Justice system that is why in the new conditions components. If the goal and objectives of lus- in other countries of Central and Eastern Europe, stitutions. In societies with constant standards of to this branch there are put new higher demands tration are, as a rule, of political overtones, its by broader scope. It has two different objectives. development the judiciary acts as an institution from the party of the state, and higher expec- procedural aspects should be consistent with the The first - to protect the society against persons which deals with and decides disputes on right, tations of citizens. On the ability of the national general principles of due legal procedure, such as who due to their past behavior can harm newly certifies legally significant facts. In transitional judicial system to effectively carry out its tasks justice, the presumption of innocence, individu- established democratic regime. Second – to clean societies, societies that are in conflict or in crisis the state’s ability to overcome internal and exter- alization and proportionality of penalties, assur- government bodies of people who were involved trends, the judiciary takes additional mission – it nal hazards caused by the events of recent years ance of the right of the accused to defense and in large-scale corruption. The term “lustration” the right to appeal decision on holding a person in its traditional sense covers only the first pro- accountable. Particular attention should be paid cess”26. Lustration in Ukraine is an important ele- amendments submitted to the Verkhavna Rada on 21 April 2015, adopted by the Venice Commission at its 103rd Plenary Session (Venice, 19-20 June 2015) [Electronic resource]. – Access mode: http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2015)012-e. – Heading from the screen. 26 Final Opinion № CDL-REF(2015)015 on the Law on Government Cleansing (Lustration Law) of Ukraine as would result from the

26 27 depends. To enhance the functional capacity of international law, to freely study documents in In its turn, the United Nations is concerned about determine the content and directions of the state the judicial branch affords should first focused the language of the original, etc. That is why the the situation in Ukraine, when murders in the con- in all its efforts. In a crisis risks of disproportion- on strengthening the guarantees of independ- training of young qualified lawyers familiar with flict zone stay unpunished because the murders ate restriction of the rights and freedoms are ence. The independence of the judiciary is criti- national laws and regulations and rules of inter- actually are non investigated on the both sides increased, which requires special control by the cal, because a significant portion (if not most) of national law, is a crucial element of transitional of the front in the East of Ukraine. This creates a society30. objectives of Transitional Justice are laid on the period and establishment of the rule of law state. dangerous atmosphere of impunity in the conflict existing judicial system of Ukraine. In addition to zone and undermines hope for a fair punishment. In turn, it should be emphasized that the UN Gen- the new challenges, the latter will have to carry An important issue is access to justice in The Office of the UN High Commissioner noted eral Assembly, describing the basic principles and out its old “intransitive” tasks to guarantee hu- the area of ATO. Exploring problems of access to the lack of motivation in investigating some cas- guidelines concerning the right to a restitution man rights and freedoms, to ensure justice and justice in the Donetsk and Luhansk regions, the es. Especially when it comes to the crimes where and reparation for victims of gross violations of order. The independence of the court is required OSCE held the appropriate summery and singled suspected are Ukrainian military. Also, there are international human rights and serious violations for court performed both “transitional” and “ordi- out the following key negative issues: secrecy and political bias. On the territory con- of international humanitarian law enshrined the nary” tasks, for which among other things there • lack of institutions that provide services in trolled by separatists, investigations are selec- important provision that states should strive to should be provided public control over judges, the field of law and justice in the territories tive, and the right to a fair trial is not guaranteed. create national mechanisms for reparation and which, however, can not be unlimited; it should be beyond the control of government; In such situations investigations more often are providing assistance to victims in case the par- ties responsible for the damage, are not able or consistent with the principle of judicial independ- • loss of case files; initiated by relatives of the victims, not by the ence, not to encroach on the process of justice, government, and in some cases, law enforcement unwilling to meet their obligations31. • restricted freedom of movement and reports not to interfere with the judges to perform their agencies only accept applications but refrain of proceedings; core functions; it has to be fair and impartial and from investigation under various grounds29. In addition to the consistent implementation of should not turn into a prosecution of the judge in • lack of legal assistance in the uncontrolled the criminal justice, there are also reasonable certain individual, subjective reasons; and control by the government territories; Another important issue in the application of programs of further restitution of the rights of by public should exclude pressure to a judge in • lack of resources; Transitional Justice in relation to the Donbas is persons affected by the conflict that put the cor- responding positive obligations on the state. At making his judgment in a case and not infringe • failure to enforce judgments27. the issue of restitution as Transitional Justice is on the security of judges. Thus, the objective of meant both to ensure human rights and to stop that it is often advisable to use the same Transi- the ideal model of public control over the judges Another problem was the unreadiness of the their abuse, and as a result - must necessarily tional Justice in its broadest sense. is achieving the optimal balance of independence Criminal legislation of Ukraine to situation of provide restitution. The state’s responsibility is to The feature of legal relations within the Transi- and accountability of the judiciary and ensuring armed conflict, lack of relevant crime - compo restore the violated rights through appropriate tional Justice is a role that should belong to the public demand on objective informing on the ac- nents in it related to the armed conflict (e.g., mechanisms and appropriate policies in this re- victim, who deserves special attention in terms of tivities of the judiciary. crimes against humanity, etc.), which as a com- gard, which is embodied in articles 3, 19, 21, 55- moral, and political and pragmatic perspectives. mon consequence impedes the proper protection 57, 59 of the Constitution of Ukraine. We should An important element for the transition is to re- of the rights of victims of such crimes and does especially note that in terms of temporary oc- In its turn, restitution should include besides form legal education, as it is obvious that the not let bring the perpetrators to criminal liability cupation of the territory of Ukraine and Russian measures of “material” nature, mechanisms for transitional period entails new requirements and with imposing of proper punishment. military aggression in some areas of the Donetsk criteria for the modern lawyer who should be and Luhansk regions the problem of protection the provision of services and the restoration of rights, which may include the restoration of free- able to work efficiently both with domestic law An obstacle to the protection of victims of crimes of human rights is especially acute. Along with dom, the opportunity to enjoy all scope of human and with the principles and norms of internation- is the same distrust of citizens of Ukraine to law priorities to strengthen national security, to over- rights, reissuance of documents of identity, mar- al law. Just during the transitional type of state enforcement system and the court and uncer- come the economic crisis, to reform public ad- ital status, citizenship, etc. The state should, and and law, which aimed to implement the funda- tainty in the protection of their rights. For exam- ministration, ensuring of human rights and free- in a number of situations certainly must include mental principles of the rule of law, especially ple, the human rights organization Amnesty In- doms is the main duty of the state and should restitution to its practice and legislation, and it young professionals, properly oriented qualified ternational in Ukraine said that most lawyers should participate in that area of work, do not believe that the law enforcement agencies which today lacks experience, particularly in the are able to investigate crimes such as and area of analysis of the international regulatory ill-treatment28. base, the ability to apply the basic principles of 29 [Electronic source] // Access mode: http://tsn.ua/ukrayina/v-oon-sturbovani-bezkarnistyu-zlochiniv-na-donbasi-695676.html 30 National Strategy for Human Rights, approved by Decree of the President of Ukraine on August 25, 2015 No. 501/2015 [Electronic source] // access mode: http://zakon0.rada.gov.ua/laws/show/501/2015/page 27 Access to justice in the context of the conflict in Ukraine // Special Report. - Special monitoring mission of the OSCE in Ukraine 2015. 31 Basic principles and guidelines concerning the right to a remedy and compensation of losses for victims of serious gross violations of - December 2015. - P. 14-33 international human rights and serious violations of international humanitarian law, UN General Assembly resolution A / RES / 60/147 28 : torture in Ukraine have not disappeared [Electronic source] // Access mode: http://www.bbc.com/ukrainian/ of 16 December 2005 - p. 15-16. politics/2015/06/150626_torture_police_amnesty_international_report_sd

28 29 should provide victims of its implementation. in human rights violation cases, where the sec- measures to perpetuate the memory of defend- its independence. ond group of commitments covers the issue we ers of Ukraine till 202032», there was approved Terms of today require from our state to ensure raised. the Plan of Actions on the commemoration of the Another issue related to the truth establishment the creation of an effective comprehensive - na defenders of Ukraine till 2020. Ukrainian Institute is the inclusion of accurate information on viola- tional mechanism to protect the rights of persons Talking about the features of the creation of na- of National Memory is a central body of executive tions committed to the curricula on international who are victims of massive human rights viola- tional mechanisms of reparations, it is important branch, which activity is directed and coordinated rules of human rights and international human- tions, which is an element of Transitional Justice. to remember that the attempts of the state must by the Cabinet of Ministers of Ukraine through itarian law to textbooks at all levels35. It is nec- be carried out in conjunction with other initiatives the Minister of Culture and which implements the essary to teach the young generation the reliable Of course, it is very difficult or even impossible to in the field of Transitional Justice or restitution, state policy in the field of restoration and pres- information about the real state of the situation identify a single “formula” of compensation that which allows it to consider such measures as ele- ervation of the national memory of the Ukrainian and put it in clear language to ensure the main would be able to meet the needs of all victims, ments of justice, and not just as a part of the pol- people. The other body dealing with commemo- goal - to provide victims of gross violations of in- and that is why such a mechanism should be an icy of allocation of funds or services in exchange ration of the victims during the antiterrorist op- ternational rules the full and effective reparation, integral part of human rights, which will include for silence or inaction of victims. eration is the State Interagency Commission for as well as to prepare the ground for guarantees the legal basis, logistics and institutional human perpetuating the memory of the participants of of non-repetition of what happened. rights guarantees. Developing these mechanisms there should be the antiterrorist operation, victims of war and provided a link between the criminal justice and political repressions33. One more body which in Such guarantees of non-repetition should include To ensure the feasibility of the implementation measures for reparation of damage as, for ex- its activity is also engaged in these issues is the measures that will help prevent violations36. In of the mechanism for the protection of human ample, the condemnation of several perpetrators, State Service for war veterans and members of this context, a social dialogue as a process of co- rights during the transition period, it should in- without any effective effort to provide real repa- the anti-terrorist operation34. ordination at various levels of directions of eco- clude not only law enforcement agencies and ration to victims can be perceived as inconsistent nomic and social policy, sector, region or individ- human rights organizations, but all other public revanchism. On the other hand, reparations with- In many cities of our country there are conducted ual companies is critically important. We should authorities as ensuring the implementation of out any effort in criminal justice can be consid- activities including in particular: the creation of note that in recent years there was adopted a fundamental rights and freedoms constitution- ered by victims only as “fee” for giving evidence. the National Pantheon, the establishment of rel- series of regulations and agreements for the in- ally declared as the main objective of the state. National mechanisms of reparations as a part evant Internet resources, publication of memory volvement of the social dialogue parties in the of Transitional Justice is a “multifaceted mecha- books and books related to the perpetuation of development and implementation of public policy. Thus, in the post-conflict period (after massive -vi nism”, including judgment in its narrow sense and the memory of the participants of the antiterror- For instance, there were amended the Regulation olations of human rights took place in the state) other measures (public policy programs, regula- ist operation; installation of memorials, naming of the Cabinet of Ministers of Ukraine, Laws of the state itself becomes a major player in the tory and legal framework, physical infrastructure of infrastructure objects and streets, creating Ukraine “On the Cabinet of Ministers of Ukraine”, creation of mechanisms of compensation, intro- and institutional human rights guarantees) that museums, establishing nominal awards, prizes, “On Trade Unions, their Rights and Guarantees”, ducing relevant programs and affecting various are closely linked and connected with sole goal – scholarships, holding official events, exhibitions there was adopted a new Law of Ukraine “On the institutions of the society as a whole, which holds the reparations of damages as a result of human and others. Honoring the memory, people create employers’ organizations and their associations, the state responsible for number of positive obli- rights violations. a legacy of memory for future generations that rights and guarantees of their activities.” gations. However, such obligations are the subject should know the hard way of the state to ensure of national law and national policy and therefore Tribute to the memory of the victims of armed government authorities of the countries have a conflict is a moral and civic duty of our state and very wide discretion. its civil society. These actions are aimed at ex-

pression of gratitude to defenders of the Mother- 32 On the actions of commemoration of the defenders of Ukraine for the period until 2020, the Cabinet of Ministers of Ukraine; Resolution So, based on the Action Plan for the implementa- land, creating an eternal memory of the victims, of 23 September 2005 No. 998-p “[Electronic resource]. – Access mode: http://zakon3.rada.gov.ua/laws/show/998-2015-%D1%80 tion of the National Strategy on human rights for expressing national grief to parents and relatives 33 On the State Interdepartmental Commission for perpetuating the memory of the participants of antiterrorist operation, victims of war the period until 2020, among positive obligations and political repressions, Cabinet of Ministers of Ukraine; Decree of August 2, 1996 No. 897 [Electronic resource]. - Access mode: http:// of the victims, raising patriotic feelings in future zakon4.rada.gov.ua/laws/show/897-96-%D0%BF of the state there are distinguished commit- generations. At present, Ukraine has already be- 34 Some issues of the State Service of Ukraine for war veterans and members of anti-terrorist operation: Cabinet of Ministers of Ukraine; ments to implement the measures necessary for gun processes to commemorate fallen in the Decision of September 10, 2014 No. 416 [Electronic resource]. - Access mode: http://zakon3.rada.gov.ua/laws/show/416-2014-%D0%BF comprehensive possession and use of guaran- 35 Basic principles and guidelines concerning the right to a remedy and reparation of losses for victims of gross violations of international East of Ukraine during the anti-terrorist opera- human rights and serious violations of international humanitarian law: UN; Principles, International document of 25.07.2005 [Electronic teed human rights and a commitments to proper tion. September 23, 2015 by the Resolution of resource]. - Access mode: http://zakon5.rada.gov.ua/laws/show/995_e53 organize national legal procedures of protection the Cabinet of Ministers of Ukraine No. 998-p “On 36 Basic principles and guidelines concerning the right to a remedy and reparation of losses for victims of gross violations of international human rights and serious violations of international humanitarian law: UN; Principles, International document of 25.07.2005 [Electronic resource]. - Access mode: http://zakon5.rada.gov.ua/laws/show/995_e53

30 31 that such violations will do not repeat. of Transitional Justice (in particular, the creation Conclusions of so-called “hybrid courts”, the introduction of in- 7. the introduction of Transitional Justice ternational courts in Ukraine). Constitutional and mechanisms in Ukraine address a twofold ob- legal regulation of the judiciary also makes more the aggression of the Russian Federa- As a result, in Ukraine there is no unified data- 1. jective: to promote resolving of the acute social complicated the recognition by Ukraine of the ju- tion and follow-up armed conflict in the East of base of persons who died during the conflict; the conflict in the country and to apply effective tools risdiction of the International Criminal Court, and Ukraine strongly inhibited the transition of go­ base of the damaged property; separate base of of reparations to all victims of crimes, and to the delay in the ratification of the Rome Statute vernment policy from post-Soviet and corrupt combatants suspected / accused of crimes com- promote the establishment of new, independent, of this Court is a significant negative factor, a practices to implementing European principles of mitted in the conflict zone. self-sufficient system of criminal justice that can substantial obstacle to bringing to justice those activity. In addition, new challenges have created not only effectively address social conflicts, but who committed war crimes in the ATO area. there are no legal mechanisms for the the risk of human rights observance failure and 4. also meet the need of citizens to justice, to en- exchange of prisoners and reparations for vic- the rule of law because of the need for military sure the application of the principles of the rule 11. In addition to the consistent implemen- tims of the conflict, effective procedures for the security. Under these circumstances, Ukraine in of law in practice. tation of criminal justice, reasonable are also movement of citizens across the demarcation building a coherent strategy of departure from programs, further mechanisms and measures to line. Judicial statistics is maintained in general old practices was forced to additionally consider 8. Transitional Justice shifts the focus from recover rights of persons affected by the conflict terms, without separation of the existing criminal the factor of armed conflict to get out of it not retributive (punitive) justice dimension, focused (restitution) that lay the corresponding positive proceedings for acts committed in armed con- as the authoritarian state of the past, but as a on bringing the perpetrators to justice, to the re- obligations to the state. At that it is often advis- flict. The Supreme Court of Ukraine, for example, democratic country governed by the rule of law. covery dimension focused on rehabilitation and able to use namely the elements of Transition- as of July 2016 had not planned as well as not restoration of human dignity. However, an exam- al Justice in its broadest sense. The peculiarity The result of the conflict appeared to conducted the analysis and summery of judicial 2. ple of Transitional Justice highlights the nature of legal relations within the Transitional Justice be 9,500 deaths on both sides (2014-2017), of practice of restitution of dignity, reputation and and purpose of justice as such, it is intended to is a role that should belong to a victim of the whom about 2 thousand are civilians, more than rights of victims injured during the antiterrorist allow peaceful coexistence of people. crime, who deserves special attention in terms of 22 thousand wounded, about 1.7 million of IDPs. operation, and recognition of sufferers during its moral, and political and pragmatic perspectives. Losses from destruction of infrastructure during implementation as victims of armed conflict. 9. an important principle of Transitional In its return, restitution should include besides hostilities reached USD 15 bln. Conflict zone is Justice, worked out both at the national and at measures of “material” nature, mechanisms for contaminated with heavy metals (titanium, vana- 5. the above problems lead to poorly co- international levels, is the state responsibility for the provision of services and the restoration of dium, strontium) as a result of shelling. Flooding ordinated national policies, inability to solve new massive human rights violations. This responsi- rights, which may include the restoration of free- of mines, poisoning of drinking water and the ap- problems through traditional legal mechanisms, bility may lie both in the form of reparations to dom, the opportunity to enjoy all scope of human pearance of radioactively contaminated waters lack of social protection and legal assistance affected persons of property losses by the state rights, reissuance of documents of identity, mar- of the Azov Sea and the Siversky Donets could to victims of war, distorted perception of the itself and by its officials guilty of violating human ital status, citizenship, etc. The state should and lead to environmental disaster of a Chernobyl real situation in the conflict zone, complexity of rights and fundamental freedoms. For victims of in a number of situations certainly must include level. Actions of combatants caused considerable peacekeeping of international organizations. At any illegal and arbitrary actions caused by the restitution to its practice and legislation, and as- damage to cultural heritage due to attacks, rob- the same time these factors create a constant conflict situation in the society it is important to sure its implementation. bery and use them as defensive structures. threat to the whole range of human rights. get both moral and material compensation for 6. approaches that can neutralize these the losses incurred by them. Such compensation 12. the Ukrainian authorities should take unfortunately, the authorities were una- 3. factors logically are inserted into the model of not only provides for psychological sense of se- the necessary steps helping to move from armed ble to adequately adapt their activities to new Transitional Justice, which is based on four struc- curity to the victim, but also contributes to re- conflict to post-conflict situation. They are as fol- challenges. Investigation of crimes committed tural elements: solving the conflict and reconciliation of parties lows: in the conflict zone is carried out independent- • the process of bringing the perpetrators of of the conflict. It is necessary to note that today ly and uncoordinated by three different entities • To make every effort towards implementa- massive violations to justice and punishing it is the weakest element in the national system – the Prosecutor General’s Office of Ukraine, the tion of the Transitional Justice mechanisms them for the committed crimes; of Transitional Justice. Security Service, the Ministry of Internal Affairs in into work of law enforcement and judicial • reparations of caused damage to victims; authorities of Ukraine. To direct expertise to accordance with their jurisdiction. However, such However, at present provisions of Art. 10. create national mechanisms for truth-telling, division do not allow to make a complete picture • the process of establishing the truth, a full 124 of the Constitution of Ukraine prohibits focused on reconciliation and non- trauma- of Russian aggression, and accordingly to com- investigation of violations that occurred dur- the establishment of special and extraordinary tizing of victims of the conflict (centralized pose an evidence base for further consideration ing the conflict or were of repressive nature; courts, in such way block the introduction of database, mutual work of governmental and of materials in the International Criminal Court. • institutional reforms process that will ensure some accepted in international practice models

32 33 non-governmental sector, documentary res- tive compensatory remedies of restoration toration of events). of their rights and freedoms on the basis of Authoring team of study • Make assessment of available elements of international law. Transitional Justice implemented in the cur- • Conduct a national consultation on reform rent governmental activities of Ukraine and of the civil security sector; development of Zhanna Balabanyuk Vira Mihaylenko evaluate resources and programs that may policies and strategies to protect the right of Member of Reforming of public service Lawyer, National trainer of the Council for Reanimation package of reforms be involved in their further development population to life during military and emer- of Europe on European anti-discrimina- group, expert of Expert Advisory Council tion standards, adjunct of the National within domestic state policy. gency situations. at the National Agency of Ukraine on Academy of Internal Affairs • Continue the reform of law enforcement and • Strengthen competence of Ukrainian special- Civil Service judicial systems with a focus on the possi- ists who work in the field of documenting and ble introduction of so-called hybrid judicial investigation of war crimes and violations of Alla Blaga Olena Ovcharenko mechanisms, particularly of hybrid courts international humanitarian law through edu- Coordinator of the Analytical Depart- Lecturer of Yaroslav Mudryi National with the legally enshrined procedures for in- cational specialized programs. ment of the UHHRU, Doctor of Juridical Law University, Candidate of Juridical Sciences Sciences volving of foreign judges to their composi- • Speed up the development of legal mech- tion. anisms for the exchange of prisoners, re- • Determine at the level of law enforcement cording cases of shelling of civilian objects, Tamara Gubanova Pavlo Parkhomenko and judicial systems the need of common transparent mechanism for determining the Director of the Private High Education Judge of Bakhmach District Court of the approaches to the identification of victims distribution of compensations for damaged Institution «Financial and Law College», Chernihiv region, Candidate of Juridical of armed conflict, providing them with effec- and lost property. Candidate of Juridical Sciences Sciences

Oleksandr Evseev Nela Porobich-Isakovych Associate Professor on constitutional Women Organizing for Change іn Syria law of the Yaroslav Mudryi National and Bosnia (Bosnia and Herzegovina), Law University, Candidate of Juridical Project Coordinator Sciences

Kateryna Karmazina Natalia Satohina Associate Professor on constitutional Assistant of Department of Philosophy law and justice of the I.I. Mechnikov of Law of the Yaroslav Mudryi National Odessa National University, Candidate Law University, Candidate of Juridical of Juridical Sciences Sciences

Sofia Kulitska Postgraduate student of the Law Olha Semenyuk Department of the Taras Shevchenko UHHRU lawyer National University of Kyiv

Olena Uvarova Roman Lykhachov The American people, through the U.S. Agency for International Development (USAID), have provided Lecturer in theory of state and law Chairperson of Chuguev city-district department of the Yaroslav Mudryi economic and humanitarian assistance worldwide for 55 years. In Ukraine, USAID’s assistance focuses on NGO «Chuguiv Human Rights Group» National Law University, Candidate of three areas: Health and Social Transition, Economic Growth and Democracy and Governance. USAID has Juridical Sciences provided 1.8 bln. technical and humanitarian assistance to Ukraine since 1992. Yaroslav Melnyk For additional information about USAID programs in Ukraine, please visit our website: http://ukraine. Lecturer at the Institute of Postgraduate Oksana Shcherbaniuk usaid.govor our Facebook page at https://www.facebook.com/USAIDUkraine. Education of Taras Shevchenko National Head of the Department of Justice of University of Kyiv, Candidate of Juridical the Yuriy Fedkovych Chernivtsi National Sciences University, Doctor of Juridical Sciences

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