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Final Performance Report FINAL PERFORMANCE REPORT FAIR, ACCOUNTABLE, INDEPENDENT, AND RESPONSIBLE (FAIR) JUDICIARY PROJECT IN UKRAINE November 30, 2016 This publication was produced for review by the United States Agency for International Development. It was prepared by Chemonics International Inc. FINAL PERFORMANCE REPORT FAIR, ACCOUNTABLE, INDEPENDENT, AND RESPONSIBLE (FAIR) JUDICIARY PROJECT IN UKRAIINE Contract No. AID-121-C-11-00002 Cover photo: More than 3,400 judicial candidates take the second national anonymous test in Kyiv on June 5, 2012. The 1,453 candidates who passed the test were admitted to take the qualifications exam launched by the High Qualifications Commission of Judges of Ukraine with support from FAIR in Kyiv on September 11, 2012 (Credit: FAIR) DISCLAIMER The authors’ 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 Acronyms ............................................................................................................ i Executive Summary .......................................................................................... 1 Summary of Accomplishments ....................................................................... 2 Objective 1: The legislative and regulatory framework for judicial reform complies with european and international norms and supports judicial accountability and independence ............................................................................................................................ 2 Objective 2: The accountability and transparency of key judicial institutions and operations are strengthened ................................................................................................. 3 Objective 3: The professionalism and effectiveness of the ukrainian judiciary are strengthened .............................................................................................................................. 4 Objective 4: The role of civil society organizations as advocates for and monitors of judicial reform is strengthened ......................................................................................... 6 Objective 5: supporting implimentation of the law on the purification of government ................................................................................................................................ 7 OBJECTIVE 1 .................................................................................................... 9 Expected Result 1.1: Ukrainian Judicial Reform Legislation Receives Favorable Comments from the Venice Commission as Meeting International Standards and Reflects Domestic and International Expert Input............................................................ 9 Expected Result 1.2: Constitutional Reform Related to the Judiciary is Pursued in an Inclusive Manner .............................................................................................................. 22 OBJECTIVE 2 .................................................................................................. 27 Expected Result 2.1: Ukrainian Judges are Appointed on Objective, Knowledge- and Performance-Based Criteria ....................................................................................... 27 Expected Result 2.2: Ukrainian Judges are Disciplined in Transparent Processes . 33 Expected Result 2.3: The Regulatory and Institutional Framework for Judicial Accountability and Integrity is Strengthened .................................................................. 41 OBJECTIVE 3 .................................................................................................. 48 Expected Result 3.1: The Skills and Competencies of Ukrainian Judges and Court Staff are Bolstered through Modern Demand-Driven Training Programs ............... 48 Expected Result 3.2: Judicial Operations are Evaluated and Funded According to an Objective Assessment of Needs and Performance .................................................. 53 Expected Result 3.3: The SJA’s Capacity to Represent and Support the Developing Needs of Ukraine’s Judiciary is Strengthened ................................................................. 61 Expected Result 3.4: The Capacity of Courts and Judicial Institutions to Communicate Effectively with the Public is Enhanced, Leading to Greater Public Appreciation of Their Activities ......................................................................................... 65 OBJECTIVE 4 .................................................................................................. 70 Expected Result 4.1: Civil Society and the Ukrainian Public are Engaged in the Judicial Reform Process ....................................................................................................... 70 Expected Result 4.2: Civil Society Organizations Have Means and Opportunities to Effectively Monitor the Implementation of Judicial Sector Reforms and Provide Oversight to Judicial Operations ....................................................................................... 74 OBJECTIVE 5 .................................................................................................. 81 Expected Result 5.1: The Law on the Purification of Government and Relevant Legislative Framework Improved....................................................................................... 81 Expected Result 5.2: Institutions, Procedures and Registry for the Lustration and Vetting of Public Officials and Judges Strengthened ...................................................... 86 Expected Result 5.3: Improved Knowledge, Skills and Abilities of Key Stakeholders and Personnel to Conduct the Lustration and Vetting of Public Officials and Judges Professionally, Fairly and Impartially ................................................................................. 88 Expected Result 5.4: Promote Public Awareness and Civil Society Engagement in the Process of Lustration and Vetting of Public Officials and Judges to Bolster Public Trust and Confidence .............................................................................................. 91 ACRONYMS CMS case management system CNU Chernivtsi National University COE Council of Europe COJ Council of Judges CPE Court Performance Evaluation CRC Citizen Report Card CSO civil society organization FAIR USAID Fair, Accountable, Independent, and Responsible Judiciary Program in Ukraine HAC High Administrative Court of Ukraine HCJ High Council of Justice HQC High Qualifications Commission of Judges IAHR Institute of Applied Humanitarian Research ISC Interim Special Commission on Judicial Vetting LNU Lviv National University MOE Ministry of Education MOJ Ministry of Justice NSJ National School of Judges OSCE Organization for Security and Cooperation in Europe PWD persons with disabilities SJA State Judicial Administration UROL Combating Corruption and Strengthening Rule of Law in Ukraine project (USAID) FAIR FINAL PERFORMANCE REPORT | i EXECUTIVE SUMMARY The Fair, Accountable, Independent, and Responsible FAIR by the Numbers Judiciary Program in Ukraine October 2011 – September 2016 (FAIR) was a five-year project • that began implementation on Provided direct technical assistance to 613 courts, encompassing all 27 regions of October 1, 2011. FAIR was Ukraine designed to build upon initiatives • Supported 22 justice sector institutions implemented by the USAID covering all three branches of government Combating Corruption and • Engaged 46 CSOs in targeted programming Strengthening Rule of Law in • Nine proposed amendments to the Constitution and 33 amendments to laws Ukraine (UROL) project adopted enhancing judicial independence conducted from 2006 to 2011. • Trained 3,005 judges and court staff • More than 190 trainers qualified as part of FAIR supported legislative, training-of trainers programs regulatory, and institutional • Developed 16 judicial training curricula, reform of judicial institutions to including three online programs and a certification program for court staff build the foundation for a more • Almost 400 justice sector personnel accountable and independent engaged in long-term strategic planning for judiciary, and included five key the judiciary components. Component 1 • Supported two national tests, including focused on developing a 5,822 lawyers applying to become judges • Almost 950 judges selected through new constitutional, legislative, and merit-based procedures regulatory framework for judicial • Involved 383 courts in evaluating their own reform that is compliant with performance using internal and external European and international quality measures standards and supports judicial • Engaged 25,151 citizens in monitoring the accountability and independence. performance of courts, resulting in more than 2,000 recommendations to improve Component 2 centered on court operations strengthening the accountability • Increased court user satisfaction in 319 and transparency of key judicial courts institutions and operations. Component 3 dealt with strengthening the professionalism and effectiveness of the Ukrainian judiciary. Component 4 was directed at strengthening the role of civil society organizations (CSOs) as advocates for and monitors of judicial reform. Component 5, added in December 2014 after the Revolution of Dignity that ousted former President Viktor Yanukovich, supported implementation of the Law on the Purification of Government of September 16, 2014. This final
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