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Nove Pravosuddya Justice Sector Reform Program (New Justice)

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Nove Pravosuddya Justice Sector Reform Program (New Justice) NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM (NEW JUSTICE) Quarterly Performance Report October - December 2020 Contract No.: AID-OAA-I-13-00032 Task Order No.: AID-121-TO-16-00003 Prepared for USAID/Ukraine C/O American Embassy 4 Igor Sikorsky St., Kyiv, Ukraine 04112 Prepared by Chemonics International Inc. 1717 H Street, NW Washington, DC 20006 Table of Contents I. ACRONYMS AND ABBREVIATIONS 3 II. CONTEXT UPDATE 5 III. EXECUTIVE SUMMARY 7 IV. KEY NARRATIVE ACHIEVEMENT 16 OBJECTIVE 1: JUDICIAL INDEPENDENCE AND SELF GOVERNANCE STRENGTHENED 16 OBJECTIVE 2: ACCOUNTABILITY AND TRANSPARENCY OF THE JUDICIARY TO CITIZENS AND THE RULE OF LAW INCREASED 20 OBJECTIVE 3: ADMINISTRATION OF JUSTICE ENHANCED 23 OBJECTIVE 4: QUALITY OF LEGAL EDUCATION STRENGTHENED 28 OBJECTIVE 5: ACCESS TO JUSTICE EXPANDED AND HUMAN RIGHTS PROTECTED 34 V. PROGRESS AGAINST TARGETS 38 VI. PERFORMANCE MONITORING, EVALUATION AND LEARNING 39 VII. LESSONS LEARNED 40 VIII. ENVIRONMENTAL MONITORING 41 IX. PROGRESS ON LINKS TO OTHER ACTIVITIES 42 X. PROGRESS ON LINKS TO HOST GOVERNMENT 43 XI. PROGRESS ON INCLUSIVE DEVELOPMENT 44 XII. GRANTS AND SUBCONTRACTS 45 XIII. ACTIVITY ADMINISTRATION 46 XIV. ATTACHMENTS 48 A. List of Deliverables 48 B. Public Outreach Documents 49 C. Performance Data Table 50 D. Grants and Subcontracts Table 57 E. Future Activities Table 60 F. Milestones Progress Report 63 G. Success Stories 144 2 I. ACRONYMS AND ABBREVIATIONS ADR Alternative Dispute Resolution AMCU Anti-Monopoly Committee of Ukraine APEOU Association of Private Enforcement Officers of Ukraine BPA Business Process Analysis CJC Community Justice Center CCLAP Coordination Center for Legal Aid Provision CCU Constitutional Court of Ukraine CMI Court Management Institute CMU Cabinet of Ministers of Ukraine 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 HACC High Anti-Corruption Court HCJ High Council of Justice HQC High Qualifications Commission of Judges IDF International Development Foundation 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 LRC Legal Reform Commission MDT Ministry of Digital Transformation of Ukraine MFA Ministry of Foreign Affairs of Ukraine MEISEE Mandatory, External, Independent, Standardized Entrance Exam for Master’s Degree Programs in Law and International Law MOE Ministry of Education and Science of Ukraine MOJ Ministry of Justice of Ukraine NABU National Anti-Corruption Bureau NAHEQA National Agency for Higher Education Quality Assurance NAPC National Agency for the Prevention of Corruption NGO Nongovernmental Organization NIC Office of the National Investment Council of Ukraine NLU Yaroslav Mudryi National Law University NSJ National School of Judges ODR Online Dispute Resolution OPU Office of the President of Ukraine OSCE Organization for Security and Cooperation in Europe PIO Public Information Officer PEO Private Enforcement Officers SAF Strategic Activities Fund SCt Supreme Court 3 SGBV Sexual and Gender-based Violence SJA State Judicial Administration TOT Training of Trainers UCLA All-Ukrainian Coalition for Legal Aid UCU Ukrainian Catholic University USQU Unified State Qualifications Exam in Law 4 II. CONTEXT UPDATE More than a year after the President of Ukraine established the Legal Reform Commission (LRC) to further develop the Ukrainian legal system with respect to the Constitution of Ukraine, rule of law principles, human rights, and international obligations of Ukraine, the work of the Commission has not resulted in comprehensive understanding and acceptance by all stakeholders’ vision of the justice sector reform. In November 2020 the leadership of the LRC relaunched its operations. New Justice continues to be a neutral and professional resource to its partners and promotes a sustainable and comprehensive approach to the reforms with respect to rule of law principles and best international practices. On October 27, 2020, the Constitutional Court of Ukraine (CCU) decided that certain provisions of the Law on Corruption Prevention of October 14, 2014, and Art. 366-1 of the Criminal Code were unconstitutional based on a submission by 47 Members of Parliament (MPs) concerning the system of electronic asset declarations, criminal liability for false statements in declarations, illicit enrichment, and civil asset forfeiture. This decision reversed major achievements of anti-corruption efforts that began in 2014 and made the corruption prevention system weaker than it was in 2013. There was also a strong indication that the decision was influenced by the fact that some CCU judges had been under National Agency for the Prevention of Corruption (NAPC) monitoring and were facing legal consequences. This decision directly impacted all criminal investigations on intentional false statements in asset declarations, resulting in all such proceedings as of October 28 being closed, including 17 cases currently considered by the High Anti-Corruption Court (HACC), and clearing all persons previously prosecuted for this offense. As of December 16, 2020, with respect to this CCU decision, HACC reversed three verdicts and closed 15 other pending cases. The Parliament already adopted the changes to the Criminal Code to reintroduce the criminal liability for false statements in asset declarations. The consequences of the CCU decision are reputational for the court. It soon received the backlash for closing some of the top cases, including the case of Odesa mayor Hennadii Truhanov. Comprehensive legal education reform continues to be at risk of backsliding due to a protracted tension between the Ministry of Education (MOE) and the National Agency for Higher Education Quality Assurance (NAHEQA). The recent appointment of Mr. Serhiy Shkarlet, in whose academic publications NAHEQA found plagiarism, as Minister of Education and Science of Ukraine by 226 votes (the minimum required), undermined MOE integrity. Further, after the vote, it emerged that MP Grygoriy Surkis was listed as having voted, but was absent from the Verkhovna Rada that day. The Parliamentary Committee on Reglament and MP Ethics decided not to investigate the case of illicit voting on behalf of MP Grygoriy Surkis, however, the Prosecutor's General Office per MP Sovsun's request opened a criminal case as to the casing of MP Surkis' decisive vote, delegating the investigation to the State Bureau of Investigations. Meanwhile, Mr. Shkarlet continues to serve as Minister of Education and Science of Ukraine. Despite the challenges, New Justice supported the preparations for the Verkhovna Rada Committee Hearing on Legal Education conducted on November 11, 2020, developed a broad coalition of stakeholders in favor of comprehensive legal education reform united under the Legal Education Reform Manifesto, and built capacity and fostered self-reliance of law schools, legal education committees of lawyers’ associations, and law student unions to drive legal education reform forward. The impact of COVID-19 continues to disrupt the regular functions of government, the judiciary, business, and civil society in Ukraine. In the case of the judiciary, a notable example of such impact is postponing the XVIII Regular Congress of Judges that was scheduled to take place on April 6 and 7, 2020 in Kyiv to elect a Judge of the CCU and the new Council of Judges (COJ) composition, as well 5 as to consider other agenda items to be suggested by the delegates. However, due to the spread of COVID-19 the COJ has issued a decision to postpone the Congress of Judges till March 9-11, 2021. However, the COVID-19 pandemic related quarantine restrictions also create new opportunities for New Justice efforts on building self-reliance of Ukrainian partners. The use of New Justice– promoted distance training and education tools for the MOE and National School of Judges (NSJ), as well as e-justice elements for courts, is growing as the quarantine prompted New Justice governmental partners to proceed with the modern tools listed above. In addition, New Justice non- governmental partners demonstrated that they are capable of rapidly transferring to remote online and phone work as legal services providers, which increased their visibility in communities around Ukraine. 6 III. EXECUTIVE SUMMARY Key Narrative Achievements The following key achievements were made during this quarter despite the ongoing political instability and attempts towards backsliding and the new challenges of COVID-19 disruptions on the Government of Ukraine (GOU) functions: • New Justice continued support to the Verkhovna Rada Legal Policy Committee in developing amendments to the Law on the Judiciary and Status of Judges, the Law on the High Council of Justice, and other laws and regulations to address Constitutional Court of Ukraine (CCU) decisions and recent Opinions of the Council of Europe Venice Commission. • New Justice continued support to the President’s LRC in developing Strategy for the Sustainable Development of the Judicial System for 2021-2025 by providing LRC with a list of Judicial and Anti-Corruption Reform Priorities prepared by project experts, along with comments and recommendations regarding the revised draft Concept. • New Justice finalized the development of and launched the
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