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NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM (NEW JUSTICE) Quarterly Performance Report October – December 2016 (FY17 Q1) January 30, 2017 January 30, 2017 This publication was produced for review by the United States Agency for International Development. It was prepared by Chemonics International Inc. for the USAID Nove Pravosuddya Justice Sector Reform Program. NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM (NEW JUSTICE) QUARTERLY PERFORMANCE REPORT OCTOBER TO DECEMBER 2016 Contract No. AID-OAA-I-13-00032, Task Order No. AID-121-TO-16-00003 Contacting Officer’s Representative: Oleksandr Piskun, Democracy Project Management Specialist, Office of Democracy and Governance Submitted to: US Agency for International Development Address: 4 Igor Sikorsky Street, Kyiv, Ukraine Tel: 380-44-521-5000 Fax: 380-44-521-5245 Submitted by: Chemonics International Inc. DISCLAIMER This publication was produced by Chemonics International for review by the United States Agency for International Development. The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS Contents .............................................................................................................. i Acronyms .......................................................................................................... iii Executive Summary .......................................................................................... 5 Program Activities ............................................................................................ 8 Objective 1: Judicial Independence and Self-Governance Strengthened ..................... 8 Sub-Objective 1.1.: Judicial Independence Established through Reformed Constitutional, Statutory and Regulatory Framework ............................................... 8 Sub-Objective 1.2: Judicial Self Governance Strengthened .................................... 10 Sub-Objective 1.3: Judiciary Exercises Independence Effectively .......................... 14 Sub-Objective 1.4: Improper and Unlawful Influence on Judiciary Reduced ...... 18 Objective 1 Lessons Learned and Planned Activities for Next Quarter ............ 19 Objective 2: Accountablity and Transparency of the Judiciary to Citizens and the Rule of Law Increased .......................................................................................................... 20 Sub-Objective 2.1: Transparency by the Judiciary Increased ................................. 20 Sub-Objective 2.2: Horizontal Accountability – Checks and Balances of the Judiciary by other Branches of Government Strengthened ................................... 21 Sub-Objective 2.3: Social Accountability – Judiciary Held Accountable by Citizens, Civil Society and Independent Media ......................................................... 23 Objective 2 Lessons Learned and Planned Activities for Next Quarter ............ 25 Objective 3: Administration of Justice Enhanced ........................................................... 26 Sub-Objective 3.1: Judicial Administration Institutions, Policies, and Procedures Strengthered ..................................................................................................................... 26 Sub-Objective 3.2.: Professional Competencies and Expertise of Judges and Judicial Personnel Improved .......................................................................................... 28 Sub-Objective 3.3: Mediation and Alternative Dispute Resolution (ADR) Strengthened ..................................................................................................................... 30 Sub-Objective 3.4: System of Enforcement of Judgments Improved ................... 30 Objective 3 Lessons Learned and Planned Activities for Next Quarter ............ 32 Objective 4: Quality of Legal Education Strengthened ................................................. 33 Sub-Objective 4.1: National Strategy and Standards for Legal Education and Accreditation Adopted ................................................................................................... 34 Sub-Objective 4.2.: Quality Assurance Frameworks for Law Schools Developed ......................................................................................................................... 36 Sub-Objective 4.3: Practice-Oriented and Skills-based Instruction, Curriculum, and Activities Integrated ................................................................................................ 37 Objective 4 Lessons Learned and Planned Activities for Next Quarter ............ 41 NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM | i Objective 5: Access to Justice Expanded and Human Rights Protected................... 43 Sub-Objective 5.1: Justice Accessible to Citizens, Including the Most Vulnerable .......................................................................................................................... 43 Sub-Objective 5.2: Human rRghts Protected, Especially the Rights of the Most Vulnerable .......................................................................................................................... 44 Objective 5 Lessons Learned and Planned Activities for Next Quarter ............ 45 Donor Coordination ....................................................................................... 47 Deliverables ..................................................................................................... 48 ANNEX A. Performance Management and Evaluation Summary ........... 49 ANNEX B. Milestones Progress Report ....................................................... 72 NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM | ii ACRONYMS ADR Alternative Dispute Resolution BPA Business Process Analysis CJC Community Justice Center CMI Court Management Institute COE Council of Europe COJ Council of Judges CRC Citizen Report Card CSO Civil Society Organization ER Expected Result FAIR USAID Fair, Accountable, Independent, and Responsible Judiciary Program in Ukraine GOU Government of Ukraine HCJ High Council of Justice HQC High Qualifications Commission of Judges IAHR Institute for Applied Humanitarian Research IFJSE International Framework for Judicial Support Excellence IT Information Technology JRC Judicial Reform Council JSRS Justice Sector Reform Strategy LGBTI Lesbian, Gay, Bisexual, Transgender, and Intersex LNU Lviv National University MOE Ministry of Education and Science MOJ Ministry of Justice MSU Michigan State University NABU National Anti-Corruption Bureau NAPC National Agency for the Prevention of Corruption NGO Nongovernmental Organization NSJ National School of Judges ODR Online Dispute Resolution OSCE Organization for Security and Cooperation in Europe PIO Public Information Officer NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM | iii SAF Strategic Activities Fund SAG Strategic Advisory Group SGBV Sexual and Gender-based Violence SJA State Judicial Administration TOT Training of Trainers NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM | iv EXECUTIVE SUMMARY USAID/Ukraine awarded the Nove Pravosuddya Justice Sector Reform Program (New Justice) contract to Chemonics International on October 1, 2016. This program expands on the USAID/Ukraine Fair, Accountable, Independent and Responsible Judiciary Program in Ukraine (FAIR), which implemented activities from October 1, 2011 to September 30, 2016. New Justice is a four year and four month program that is designed to support the judiciary, government, parliament, bar, law schools, civil society, media, and citizens to create the conditions for an independent, accountable, transparent, and effective justice system that upholds the rule of law and to fight corruption in Ukraine. In achieving this overarching goal, New Justice focuses on the following five key objectives and Expected Results: Objective 1: Judicial Independence and Self-Governance Strengthened 1.1: Improve the legal framework for the justice sector, namely, the Law on the Judiciary and Status of Judges, the Law on the High Council of Justice, the Law on Bar and Law Practice, etc. Moreover, New Justice efforts are aimed at supporting the Constitutional Commission Human Rights Working Group activities and the development of the legislative provisions regarding the establishment of anticorruption and intellectual property courts. 1.2: Improve understanding and strengthen the support of new constitutional and legislative provisions by the judicial community and public. 1.3: Improve the effective interrelations between the judiciary, executive power and Parliament with the due respect to the judicial independence. 1.3: Ensure legislative and regulatory framework is amended in a manner that encourages inclusive discussion and vetting of reform proposals. Under Objective 1, New Justice will support championed institutional, legislative, and regulatory reforms, build capacity of key judicial institutions and relevant executive and legislative authorities to implement those reforms and strengthen self-governance bodies, and strengthen safeguards to insulate the judiciary from improper political and other external interference. This quarter, the project made key achievements including presenting a “Commentary to the Code of Judicial Ethics” in coordination with the COJ Working Group; supporting the HQC to develop procedures for judicial qualifications evaluation and developing the skills of test evaluators in line with the new Law on the
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