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Launching an Effective Anti- Corruption Court: Lessons from Ukraine
U4 Practice Insight 2021:1 Launching an effective anti- corruption court: Lessons from Ukraine By David Vaughn and Olha Nikolaieva Series editor: Sofie Arjon Schütte Disclaimer All views in this text are the author(s)’, and may differ from the U4 partner agencies’ policies. Partner agencies German Corporation for International Cooperation – GIZ German Federal Ministry for Economic Cooperation and Development – BMZ Global Affairs Canada Ministry for Foreign Affairs of Finland Ministry of Foreign Affairs of Denmark / Danish International Development Assistance – Danida Swedish International Development Cooperation Agency – Sida Swiss Agency for Development and Cooperation – SDC The Norwegian Agency for Development Cooperation – Norad UK Aid – Foreign, Commonwealth & Development Office About U4 U4 is a team of anti-corruption advisers working to share research and evidence to help international development actors get sustainable results. The work involves dialogue, publications, online training, workshops, helpdesk, and innovation. U4 is a permanent centre at the Chr. Michelsen Institute (CMI) in Norway. CMI is a non-profit, multi-disciplinary research institute with social scientists specialising in development studies. www.U4.no [email protected] Cover photo High Anti-Corruption Court (CC copyrighted) Keywords justice sector - anti-corruption courts - judges - vetting - Ukraine - Eastern Europe Publication type U4 Practice Insight Creative commons This work is licenced under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence (CC BY-NC-ND 4.0) Ukraine’s High Anti-Corruption Court was created in response to immense public demand to hold government officials and judges accountable for corruption. Making the court operational, however, required more than adopting legislation. It meant selecting and preparing judges, recruiting qualified court personnel, and setting up administrative and organisational structures, including courthouse facilities, security, IT infrastructure, and communications systems. -
Corruption Risks in Recent Reforms to the Ukrainian
CORRUPTION RISKS IN RECENT REFORMS TO THE UKRAINIAN JUDICIARY Contract No. AID-OAA-I-13-00032, Task Order No. AID-121-TO-16-00003 Nove Pravosuddya Justice Sector Reform Program (New Justice) Contracting Officer’s Representative: Oleksandr Piskun, Democracy Project Management Specialist, Office of Democracy and Governance Development Objective 1: More Participatory, Transparent and Accountable Government Processes Author: Dr. Victoria Jennett, Judicial Reform Expert Submitted by: Chemonics International Inc. September, 2017 1 DISCLAIMER The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development (USAID) or the United States Government. 2 TABLE OF CONTENTS Acronyms .......................................................................................................................................... 4 Introduction ....................................................................................................................................... 5 Recommendations.............................................................................................................................. 5 Judicial corruption ............................................................................................................................10 What is judicial corruption? ..........................................................................................................10 How judicial corruption manifests itself in Ukraine .......................................................................11 -
Development Partnership Forum Joint Statement 8 October 2020
Development Partnership Forum Joint Statement 8 October 2020 Ukrainian Prime Minister Denys Shmyhal and Heads of Missions and Heads of Cooperation met 8 October 2020, in Kyiv, Ukraine, in the framework of the Development Partnership Forum, which was established as a part of the three-tier coordination mechanism between the Government of Ukraine (GOU) and the international Development Partners (DPs) in line with the Paris Declaration on Improving the Effectiveness of External Assistance. This meeting builds upon the successful Development Partnership Forum held in January 2020 and the Ukraine Reform Conferences (URC) held in London, Copenhagen, and Toronto. It is also a key milestone in preparing for the next URC expected to be held in Vilnius, Lithuania in 2021. Development cooperation takes place in Ukraine across multiple sectors and areas and is being provided by 24 countries, IFIs and the EU with total grant assistance of roughly USD 5.7 billion since the Revolution of Dignity. Cooperation between Ukraine and DPs is based on common interests and shared values and aims to support national reforms promoting an inclusive, independent, democratic, prosperous, and healthy Ukraine united around core European values. Both sides underscored that their shared aim is to achieve a tangible impact for all Ukrainian citizens, including its most vulnerable, based on the EU-Ukraine Association Agreement, 2030 Agenda for Sustainable Development and the Paris Agreement on Climate Change. The GOU continues to be committed to reforms aimed at restoring economic growth and bringing the country closer to the European future. Development Partners stand ready to support the GOU to realise the potential of the Ukrainian economy through systemic changes to improve its business climate, increase investment attractiveness and to develop trade and human capital. -
Military Justice in Ukraine: a Guidance Note Mindia Vashakmadze
Military Justice in Ukraine: A Guidance Note Mindia Vashakmadze Security Sector Reform Working Group: Military Justice 1 Mindia Vashakmadze Military Justice in Ukraine: A Guidance Note Geneva — 2018 DCAF: The Geneva Centre for the Democratic Control of Armed Forces (DCAF) is an international foundation whose mission is to assist the international community in pursuing good governance and reform of the security sector. The Centre develops and promotes norms and standards, conducts tailored policy research, identifies good practices and recommendations to promote democratic security sector governance, and provides in-country support and practical assistance programmes. PfPC SSR WG: The Partnership for Peace Consortium (PfPC) Security Sector Reform Working Group (SSR WG) was formally established in 2001. The objectives of the SSR Working Group are to enhance the process of security sector reform and good governance through cooperation in joint research, outreach and expert training initiatives. The SSR WG aims to encourage cooperation between international information networks as well as to enhance the exchange of ideas, insights, expertise, knowledge and best practices of security sector reform processes between consolidating and consolidated democracies in the Euro-Atlantic area. This group is supported by the Swiss Federal Department of Defense, Civil Protection and Sport, and managed by the Geneva Centre for the Democratic Control of Armed Forces (DCAF). Published by DCAF 2E, Chemin Eugene-Rigot P.O Box 1360 CH – 1211 Geneva 1 www.dcaf.ch Author: Mindia Vashakmadze Printed by: Center for Army, Conversion and Disarmament Studies (CACDS) While the internet references cited herein were valid as of the date of publication, neither DCAF nor the author can attest to their current validity. -
Digital Government Factsheet Ukraine
Digital Government Factsheet 2019 Ukraine ISA2 Digital Government Factsheets - Ukraine Table of Contents Country Profile .................................................................................................. 3 Digital Government Highlights ............................................................................. 5 Digital Government Political Communications ........................................................ 6 Digital Government Legislation ............................................................................ 9 Digital Government Governance .........................................................................13 Digital Government Infrastructure ......................................................................16 Digital Government Services for Citizens .............................................................21 Digital Government Services for Businesses .........................................................24 2 2 Digital Government Factsheets - Ukraine Country Profile Basic data Population: 42 122 657 (2019) GDP at market prices: UAH 1 048 023 (2019) GDP per inhabitant in PPS (Purchasing Power Standard EU 28=100): N/A GDP growth rate: 3.4% (IV quarter of 2018 compared to IV quarter of 2017) Inflation rate: 9.8%* (2018) General government gross debt (Percentage of GDP): 63%* General government deficit/surplus (Percentage of GDP): 1.66%* Area: 603 628 km2 Capital city: Kyiv Official EU language: Ukrainian Currency: UAH 2 Source: UkrStat, *Ukrainian Ministry of Finance 3 Digital Government Factsheets -
AN ANALYSIS of the CRISIS in UKRAINE, and ITS THREE CONFLICTS (21 of NOVEMBER 2013, THROUGH 23 of MAY 2014)* Cristián Faundes**
REVISTA - Bogotá (Colombia) Vol. 11 N.° 2 - Julio-diciembre 137 rev.relac.int.estrateg.segur.11(2):137-159,2016 AN ANALYSIS OF THE CRISIS IN UKRAINE, AND ITS THREE CONFLICTS (21 OF NOVEMBER 2013, THROUGH 23 OF MAY 2014)* Cristián Faundes** ABSTRACT This paper presents the results of a study of the crisis in Ukraine, guided by the following question: which is the intensity of the crisis in Ukraine between November 2013 and May 2014? The information collected for this research involves 293 events evaluated and translated into quantitative data by the author with the objective to elaborate a curve reflecting the intensity of the conflict. Considering that the situation under scrutiny involves several conflicts, Revista de one curve of intensity was not enough to follow the course of events, but three were needed to track the (2). pp.137-159. DOI: (2). pp.137-159. 11 * . This paper is the result of a research study on the Crisis in Ukraine held at the Center for Strategic Studies of the Chilean Army’s War College. Project number: CEEAG-01-2014. ** Investigador académico en temas de seguridad y defensa. Sus líneas de trabajo incluyen la teoría de conflictos y las relaciones entre los países del Cono Sur. Se ha especializado en la problemática de los recursos naturales y el estudio del agua dulce como factor de conflictos. Ha presentado sus investigaciones en congresos internacionales y cátedras de postgrado. Se desempeña como Investigador asociado en la Jefatura de Estudios de la Academia de Guerra del Ejército. Periodista, licenciado en información social. -
Leadership Conference in Washington Focuses on Ukraine's
INSIDE:• UCCA elects new president — page 3. • Kuchma and Putin discuss gas supplies — page 3. • Help Us Help the Children organizes summer camps — page 13. Published by the Ukrainian National Association Inc., a fraternal non-profit association Vol. LXVIII HE No.KRAINIAN 43 THE UKRAINIAN WEEKLY SUNDAY, OCTOBER 22, 2000 EEKLY$1/$2 in Ukraine Medvid denied tourist visa LeadershipT ConferenceU in Washington focuses W for visit to United States on Ukraine’s integration into global community by Yaro Bihun the fact that the people are dissatisfied, by Roman Woronowycz to the United States. Special to The Ukrainian Weekly he said. Kyiv Press Bureau The Public Affairs section of the U.S. As for fears about the establishment of Embassy issued a terse statement in WASHINGTON – The Washington a new dividing line in Europe after the KYIV – Almost exactly 15 years after response to efforts by The Weekly to obtain Group, the largest Ukrainian American first group of East European countries Myroslav Medvid – then a 25-year-old more details about the Medvid decision. professionals’ association in the United joins the European Union, he said, that Ukrainian sailor and today a clergyman – The statement said: “The applicant was States, on October 6-8 held its annual line exists and has always existed in the swam to the shores of New Orleans to plead denied a visa because he was unable to Leadership Conference which this year eyes of Western Europeans, who differ- for political asylum only to be escorted back overcome the presumption of intending focused on the issue of Ukraine’s integra- entiate between Eastern European coun- to his Soviet grain trawler by U.S. -
Official Position of Ukraine Ukraine Blocks Russian Social Networks
Official position of Ukraine Ukraine Blocks Russian Social Networks and Expands Economic Sanctions Against Russian Companies According to the Law of Ukraine "On Sanctions", special economic and other restrictive measures are taken exclusively for the purpose of protecting national interests, national security, sovereignty and territorial integrity of Ukraine, countering terrorist attacks as well as preventing violation and restoring violated rights, freedoms and lawful interests of Ukrainian citizens, society and the state. Economic sanctions against Russian companies were introduced in response to the temporary occupation of the Autonomous Republic of Crimea by the Russian Federation and its military intervention in eastern Ukraine. In addition, given the multifaceted nature of the Russian aggression against Ukraine it was presumed that Russian search engines and social media are possibly used to gather restricted access information – namely, personal data of Ukrainian citizens stored on servers located in the territory of the Russian Federation. According to the Law of the Russian Federation "On Countering Terrorism", the Criminal Procedural Code of the Russian Federation and other legislative acts, intelligence agencies of the Russian Federation collect, store and use the abovementioned data on a regular basis. Given the policy of aggression that the Russian Federation conducts against Ukraine, access of Russian companies to Ukrainian information and telecommunication systems allows for sabotage, intelligence and subversive activities against Ukraine by Russian intelligence agencies. Therefore, blocking access to certain Russian Internet resources is exclusively the issue of national security and is not aimed at suppressing the freedom of speech in Ukraine. The prohibited social networks do not belong to the mass media and have never been considered as such. -
(LUSTRATION LAW) of UKRAINE As Would Result from the Amendments
Venice, 19 June 2015 CDL-AD(2015)012 Opinion No. 788/2014 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) FINAL OPINION ON THE LAW ON GOVERNMENT CLEANSING (LUSTRATION LAW) OF UKRAINE As would result from the amendments submitted to the Verkhovna Rada on 21 April 2015 Adopted by the Venice Commission At its 103rd Plenary Session (Venice, 19-20 June 2015) On the basis of comments by Ms Veronika BÍLKOVÁ (Member, Czech Republic) Mr George PAPUASHVILI (Member, Georgia) Ms Anne PETERS (Substitute Member, Germany) Ms Hanna SUCHOCKA (Member, Poland) Mr Ben VERMEULEN (Member, the Netherlands) Mr Gerhard REISSNER (Expert (DGI), former President of the Consultative Council of European Judges (CCJE)) This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL-AD(2015)012 - 2 - TABLE OF CONTENTS I. Background Information and Facts ................................................................................ 3 II. Applicable Legal Framework ......................................................................................... 4 A. National Legal Framework ......................................................................................... 4 B. International Legal Framework .................................................................................. 5 III. Assessment of the Law on Government Cleansing ....................................................... 6 A. Aims of the Law on Government Cleansing ............................................................... 6 -
Draft Law on the Judiciary of Ukraine
Strasbourg, 6 March 2007 CDL(2007)040 Opinion No. 401 / 2006 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) DRAFT LAW ON THE JUDICIARY OF UKRAINE (Comparative table showing amendments to the draft) This document will not be distributed at the meeting. Please bring this copy. http://www.venice.coe.int CDL(2007)040 - 2 - LAW OF UKRAINE “ON THE JUDICIARY OF UKRAINE” Draft new wording Text as approved by the National Commission on Strengthening Text as submitted by the President of Ukraine to the Verkhovna Rada of Democracy and the Rule of Law, 11 July 2006 Ukraine, 27 December 2006 This law determines legal fundamentals of functioning of judiciary in Ukraine – This law determines legal fundamentals of functioning of judiciary in Ukraine – organization of judicial power and justice execution, system of courts of general organisation of judicial power and administration of justice, system of courts of general jurisdiction, system of bodies, responsible for adequate level of judiciary establishment, jurisdiction, system of bodies, responsible for adequate level of judicial corps, system and system and procedures of judiciary self-government, and also determines general procedures of judiciary self-government, and also determines general procedures of court procedures of court operation and regulates other matters of judicature. operation and regulates other matters of judicature. Section I. FUNDAMENTALS OF THE JUDICIAL POWER Section I. FUNDAMENTALS OF ORGANISATION OF THE JUDICIARY Article 1. Judicial power Article 1. Judicial power 1. Judicial power in Ukraine shall be exercised by the courts prescribed by the law on 1. Judicial power in Ukraine in accordance with the principle of division of the power the basis of division of the power, as it is provided by the article 6 of the Constitution of shall be exercised by independent and impartial courts established pursuant to the law. -
Constitution of Ukraine
CONSTITUTION OF UKRAINE Adopted at the Fifth Session of the Verkhovna Rada of Ukraine on June 28, 1996 Amended by the Laws of Ukraine № 2222-IV dated December 8, 2004, № 2952-VI dated February 1, 2011, № 586-VII dated September 19, 2013, № 742-VII dated February 21, 2014, № 1401-VIII dated June 2, 2016 № 2680-VIII dated February 7, 2019 The Verkhovna Rada of Ukraine, on behalf of the Ukrainian people - citizens of Ukraine of all nationalities, expressing the sovereign will of the people, based on the centuries-old history of Ukrainian state-building and on the right to self-determination realised by the Ukrainian nation, all the Ukrainian people, providing for the guarantee of human rights and freedoms and of the worthy conditions of human life, caring for the strengthening of civil harmony on Ukrainian soil, and confirming the European identity of the Ukrainian people and the irreversibility of the European and Euro-Atlantic course of Ukraine, striving to develop and strengthen a democratic, social, law-based state, aware of responsibility before God, our own conscience, past, present and future generations, guided by the Act of Declaration of the Independence of Ukraine of August 24, 1991, approved by the national vote on December 1, 1991, adopts this Constitution - the Fundamental Law of Ukraine. Chapter I General Principles Article 1 Ukraine is a sovereign and independent, democratic, social, law-based state. Article 2 The sovereignty of Ukraine extends throughout its entire territory. Ukraine is a unitary state. The territory of Ukraine within its present border is indivisible and inviolable. Article 3 The human being, his or her life and health, honour and dignity, inviolability and security are recognised in Ukraine as the highest social value. -
II. Links of the Constitutional Court with Other Courts
Conference of European Constitutional Courts XIIth Congress The relations between the Constitutional Courts and the other national courts, including the interference in this area of the action of the European courts Report of the Constitutional Court of Ukraine I. The Constitutional Court, the other courts and the constitutionality review A. Organization of judicial system of the state 1. Judicial System Judicial System of Ukraine THE CONSTITUTIONAL COURT COURTS OF GENERAL OF UKRAINE COMPETENCE SUPREME COURT OF UKRAINE HIGHER SPECIALTY COURTS COURTS OF APPEAL LOCAL COURTS 2 POWERS OF THE CONSTITUTIONAL COURT OF UKRAINE as a single authority of the constitutional competence in Ukraine The objective of the Constitutional Court of Ukraine is providing guarantee of supremacy of the Constitution as the Fundamental Law of the state in the entire territory of Ukraine. The Constitutional Court of Ukraine adopts resolutions and gives conclusions in cases concerning: 1) constitutionality of laws and other legislative acts passed by the Supreme Council of Ukraine, acts issued by the President of Ukraine, the Cabinet of Ministers of Ukraine, legal acts adopted by the Supreme Council of the Autonomous Republic of Crimea; 2) compliance of the Constitution with applicable international treaties and agreements of Ukraine or the international treaties and agreement submitted to the Supreme Council for approval of their obligatory nature; 3) adherence to the constitutional procedures of investigation and consideration of the case of removal of the President of Ukraine from his office in accordance with the impeachment procedures; 4) formal interpretation of the Constitution of Ukraine; 5) compliance of the draft law on introduction of changes and amendments in the Constitution of Ukraine with provisions of articles 157 and 158 of the Constitution of Ukraine.