NATIONAL SECURITY & DEFENCE ¹ 11 CONTENTS 2000 DEMOCRATIC CIVILIAN CONTROL OVER THE MILITARY IN UKRAINE: THE PATH FROM FORM TO SUBSTANCE Founded and published by: (UCEPS Analytical report) . 2 1. DEMOCRATIC CIVILIAN CONTROL OVER THE MILITARY, ITS SUBSTANCE AND URGENCY FOR UKRAINE . 3 2. UKRAINE'S GAINS IN FORMING THE SYSTEM OF CIVILIAN CONTROL OVER THE MILITARY . 14 THE UKRAINIAN CENTRE FOR ECONOMIC AND POLITICAL STUDIES 3. CIVILIAN CONTROL OVER THE MILITARY IN UKRAINE: CORRESPONDENCE TO THE EFFECTIVENESS CRITERIA . 27 President Anatoliy GRYTSENKO 4. CONCLUSIONS AND PROPOSALS . 42 Editor-in-Chief Liudmila SHANGINA ARTICLES This magazine is registered with the State NGOs AS THE BASIS FOR CIVIL SOCIETY Committee of Ukraine on Information Policy, Ivan BILAS . 46 registration certificate KB No. 4122 CLOSED POWER STRUCTURES ARE DANGEROUS FOR SOCIETY Borys KOZHYN . 48 Printed in Ukrainian and English "90 PER CENT OF OUR SERVICEMEN ARE BUSY GUARDING THEMSELVES" Viktor TKACHUK . 50 IT IS NECESSARY TO STRENGTHEN THE INFLUENCE OF CIVILIANS WITHIN POWER STRUCTURES Circulation: 1500 Valeriy SHMAROV . 51 THE PROBLEMS OF SOCIAL PROTECTION OF SERVICEMEN Valerii SHTEPA . 53 Editorial office: THE ARMY SHOULD SERVE THE NATION 9 Prorizna street, apt. 20, Kyiv 01034 Nozizwe MADLALA-ROUTLEDGE . 55 Tel.: (380 44) 228-86-87 ACTIVITIES OF THE INTERIOR MINISTRY ARE TRANSPARENT FOR SOCIETY Tel./fax: (380 44) 244-34-53 Mykola ANUFRIYEV . 56 e-mail: [email protected] DEFENCE MINISTRY FOR THE EFFECTIVE CO-OPERATION WITH MASS MEDIA WEB-site: www.uceps.com.ua Viktor BANNYKH . 58 HARMONISATION OF THE RELATIONS BETWEEN THE MILITARY AND SOCIETY Volodymyr BEREZHYNSKYI . 59 Reprinted and used material THE GENERAL MILITARY INSPECTORATE WITHIN THE SYSTEM OF CIVILIAN CONTROL must refer to the Valentyn VAILO . 61 National Security & Defence CIVILIAN CONTROL IS EFFECTIVE AND ADEQUATE Volodymyr LOGINOV . 63 THE ACTIVITIES OF POWER STRUCTURES SHOULD BE TRANSPARENT FOR SOCIETY The views expressed in this magazine do not Olexander SKIPALSKI . 65 necessarily reflect those of UCEPS staff BORDER GUARDS FOR THE CO-OPERATION WITH PUBLIC Pavlo SHISHOLIN . 67 TRULY DEMOCRATIC CIVILIAN CONTROL OVER THE MILITARY BARELY EMERGES IN UKRAINE Photos: Vadym GRECHANINOV . 68 IREX pp. 18, 49, 56, 57, 60, 70; CIVILIAN CONTROL OVER THE MILITARY IS AN IMPERATIVE OF THE MOMENT DINAU pp. 52, 63, 65, 66; Anatoliy LOPATA . 71 CIVILIANS IN THE U.S. DEFENSE ESTABLISHMENT UNIAN pp. 69; Stephen OLYNYK. 75 NATO pp. 87, 88; THE PRESENT ARMY IS "BEYOND THE STATE'S PURSE" V.Marusenko, Profinform FTU p. 82. Oleksandr URBAN . 82 RESERVES OF THE ARMED FORCES AS A FACTOR OF CIVILIAN CONTROL Trevor WATERS . 83 © UCEPS, 2000 DEFENSE PLANNING EXPERIENCES OF NATO NEW MEMBERS Jeffrey SIMON . 87 The publication of this issue of the magazine is made possible by financial support of Our analytical materials International Renaissance Foundation can be found in Internet: www.uceps.com.ua DEMOCRATICDEMOCRATIC CIVILIANCIVILIAN CONTROLCONTROL OVEROVER THETHE MILITARYMILITARY ININ UKRAINE:UKRAINE: THETHE PATHPATH FROMFROM FORMFORM TOTO SUBSTANCESUBSTANCE Civilian control over the military is an important component of a democratic society. For Ukraine, democratic civilian control over the military is not just a momentary need. Rather it is a strategic goal in the long-term development of the Ukrainian state. Since independence, a network of state and public institutions that supervise the activities of the power structures has been established in this country. This is a kind of skeleton on the basis of which a truly effective system of civilian control over the military can be formed over time. The term "civilian control" is often construed in a rather restrictive manner it is perceived as the right of access to information about the activity of power structures, the right of the state authorities to audit and inspect military units, and to monitor the observance of human rights in the military. Simultaneously, other important components of "civilian control" remain absent, first and foremost, the guidance, administration, and management in the broad sense, which also presume civilian responsibility for the effectiveness of the military. UCEPS experts believe that Ukraine has not yet established a comprehensive, operational and sustainable system of civilian control, with clear delimitation of the powers and responsibilities between state organs, and between civilians and the military. One cannot consider the current state of civilian control over the military acceptable due to the violation of one fundamental principle responsibility of civilians for the effectiveness of the power structures. Effective civilian control over the military can be established when a critical mass of civil servants, independent experts, scholars, and journalists skilled in military issues "step up to the plate". Their joint efforts will provide for a competent discussion on military issues, informed decision-making, and, therefore, support for state authorities at the implementation stage. The UCEPS analytical report consists of four sections. In the first we examine the need for development of a system of civilian control over the military in Ukraine, section and define criteria for assessing its effectiveness based on an analysis of national and foreign expe- rience. In the second we survey Ukraine's achievements on the path towards establishing a system of civilian control over section the military, and highlight certain positive changes and trends that should be consolidated. In the third we assess the correspondence of the present system of civilian control to stated effectiveness crite- section ria, and discuss unsolved issues and negative tendencies in civil-military relations in Ukraine. In the fourth we present conclusions and a number of proposals how to develop an effective system of demo- section cratic civilian control. 2 l UCEPS l NATIONAL SECURITY & DEFENCE 1.1. DEMOCRATICDEMOCRATIC CIVILIANCIVILIAN CONTROLCONTROL OVEROVER THETHE MILITARY,MILITARY, ITSITS SUBSTANCESUBSTANCE ANDAND URGENCYURGENCY FORFOR UKRAINEUKRAINE A country which has no problems of civil-military relations and democratic control is a country which has no democracy. Christopher DONNELLY The status of civil-military relations in a country is an indicator of maturity of its democracy. Effective civilian control over the military sector presents an inalienable trait of democracy, it is as important as the freedom of speech, human rights, civil society and market economy. The Concept (fundamentals of state policy) of the National Security of Ukraine defined "democratic civilian control over the military sector" as one of the fundamental principles at providing Ukraine's national security. Same document declared "providing democratic civil- ian control over the Military organisation of the state"1 one of the main directions of Ukraine's state policy in the military sector. This assessment demonstrates the importance of the issue, proceeding primarily from the internal problems of Ukraine ensuring steady devel- opment of the state and society. Furthermore, Ukraine has assumed international obligations to establish democratic civil- ian control over power structures. This was fixed in a number of documents, including a "Partnership for Peace: Framework Document" (1994), an OSCE "Code of Conduct Regarding Military-Political Aspects of Security" (1994, Budapest Summit), and a "Charter on a Distinctive Partnership between Ukraine and NATO" (1997). It is very important to employ the positive potential of civilian control over the military exactly at this point of time, at the stage of deep transformation presently experienced by 1 Fixing the term "Military organisation" on legislative level was taken place on January 16, 1997 within the "Concept (fundamentals of state policy) of the National Security of Ukraine" its and main functions were defined: "Military organisation of the state incorporates the Armed Forces of Ukraine, the Security Service of Ukraine, the National Guard of Ukraine, the Internal Troops, bodies and units of the Ministry of Internal Affairs of Ukraine, the Border Troops of Ukraine, military units of the Ministry of Ukraine for Emergencies and Protection of the Population against the Aftermath of the Chornobyl Accident, and other armed for- mations which were established and operate in accordance with the Constitution of Ukraine, shall ensure the defence of Ukraine, protection of its sovereignty, territorial integrity and inviolability of its borders, counter external and internal military threats, fight organised crime, protect population in the event of disas- ters, acts of God, dangerous social conflicts, epidemics, etc." Unfortunately, amendments to the Law of Ukraine "On the Defence of Ukraine" of October 5, 2000, replaced the term 'Ukraine's Military organisation' with 'Ukraine's Armed Forces and other military formations'. This was probably done on the initiative of the military; at least this position was substantiated by the Head of Defence Policy Department of the National Security and Defence Council of Ukraine Staff General V.Tiutiunnyk at the UCEPS Round-table (February 4, 2000). The thing is that this (seemingly purely terminological) amendment is rather important. It poses a danger of state authorities' treatment of every power structure in Ukraine (and, correspondingly, the issues of their development, reforming and funding) in isolation from the other. Therefore, the probability of revis- ing the present non-optimal