Support to Justice Sector Reforms in Ukraine

Newsletter EU Project Support to Justice Sector Reforms in Ukraine Issue 1 February April 2015 1

FOREWORD The launch of EU Project Support to Justice Sector Reforms in Ukraine coincided with the most dramatic events in the history of Ukraine. The Revolution of Dignity has catalyzed fundamental changes in the society triggering much-needed reforms. European Union takes a long-term perspective towards its partnership with Ukrainian Government by supporting wider reform of the justice sector institutions in the country. EU Project Support to Justice Sector Reforms in Ukraine has become instrumental in efforts to build a justice system based on the principles of the rule of law. The EU Project experts keep providing technical assistance to the key institutions of Ukraine s justice sector, such as judiciary, prosecution and advocacy. Currently we are supporting the Supreme Court, Council of Judges, High Qualification Commission of Judges and other institutions in elaboration of secondary legislation as well as capacity building related to uniformity of the judicial practice, evaluation of judges, conflict of interests, strategic institutional planning, development of new court decisions enforcement system, etc. The Project team also contributes to public prosecution reform and assists Ukrainian advocates to make their voices heard in the process of reforms. The Judicial Reform Council under the President of Ukraine has recently approved the Justice Sector Reform Strategy 2015 2020. The EU Project is proud to support development of this very significant document for the Ukrainian society. With increasing number of tasks and activities, we intend to continue raising awareness of our counterparts in Ukraine and abroad on the Project progress. In addition to already existing media channels, this newsletter will be useful to inform you in details about various aspects of our work. The first issue of the newsletter reflects the most recent activities of the EU Project Support to Justice Sector Reforms in Ukraine. We do hope that this and other coming Issues would help our audience to have better understanding of the EU support for further development of the justice sector in Ukraine. Dr. Virgilijus Valančius Team Leader, EU Project Support to Justice Sector Reforms in Ukraine

The Second Steering Committee Meeting Strategic Planning and Budget Management Prosecution Reform The EU Project reported on the outcomes for the last semester and shared its plans for the future On April 22, 2015, the second meeting of the Steering Committee within the framework of the EU Project Support to the Justice Sector Reform in Ukraine took place at the Ministry of Justice of Ukraine. The meeting focused on summarizing the project outcomes for the period from October 2014 to March 2015....page 4 Ukrainian counterparts learn best European practices in justice sector budget planning As a result of consultations with Ukrainian stakeholders, the EU Project experts have identified training needs in order to build capacity on strategic planning and coordinated management of the information systems, and interoperability for the Presidential Administration of Ukraine, the Ministry of Justice of Ukraine, the Council of Judges of Ukraine, as well as other local institutions dealing with the justice sector reform...page 7 EU Project supports prosecution reform strategy development process Reform of the public prosecutor s office remains one of the priorities for Ukraine s justice sector reform agenda. Timely and full prosecution reform is also one of the main commitments of the Ukrainian authorities, and entering into force of the new Law of Ukraine On the Public Prosecutor s Office of 14 October 2014 is among the conditions for the implementation of the EU-Ukraine Association Agreement....page 9 Access to Justice and Right To Defence Judicial Reform EU experts help Ukrainian advocates develop new nools for the protection of human rights in criminal cases The EU Project Support to Justice Sector Reforms in Ukraine continues to support the efforts of Ukrainian advocates to have their say in the reform process and improve the criminal justice system....page 12 Evaluation of judges next step to ensure fair trial in Ukraine Implementation of the new Law of Ukraine On Ensuring the Right to Fair Trial, which was adopted in February 2015, requires development of the normative acts to regulate evaluation of the qualification of judges....page 16 3

The EU Project reported on the outcomes for the last semester and shared its plans for the future On April 22, 2015, the second meeting of the Steering Committee within the framework of the EU Project Support to the Justice Sector Reform in Ukraine took place at the Ministry of Justice of Ukraine. The meeting focused on summarizing the project outcomes for the period from October 2014 to March 2015. Anton Yanchuk, Deputy Minister of Justice of Ukraine, highly appreciated the EU Project activities and told that Ukrainian stakeholders were already witnessing positive results of its implementation. He thanked the Project experts for their flexibility, enthusiasm and high performance. In the last six months we already managed to achieve some favourable results in financing, reforming of the probation system and enforcement system. We expect to cooperate on such matters as the court judgments enforcement and the Ministry of Justice functions reform, Anton Yanchuk told. The Deputy Minister of Justice of Ukraine also emphasized the EU Project role in Ukraine s fulfilment of its international obligations, in particular, to the World Bank. According to Mr. Yanchuk, the EU Project Support to the Justice Sector Reform in Ukraine actively helps to ensure synergy of many projects being implemented in the justice sector reform field with the international donor support. Ambassador Jan Tombinski, Anton Yanchuk and Virgilijus Valancius open the Steering Committee Meeting in Kyiv, 22 April, 2015 4

According to Jan Tombinski, Head of the EU Delegation to Ukraine, the Project Support to the Justice Sector Reform in Ukraine assists with implementing the comprehensive reform of the justice sector. He noted that the Project experts have been actively cooperating with the Council on Judicial Reform under the President of Ukraine on developing the Ukrainian Justice Sector Reform Strategy 2015 2020 and looked forward for the President of Ukraine to sign the Decree on the Strategy implementation. Ambassador Tombinski also called upon the Ministry of Justice of Ukraine to create the Strategy implementation monitoring mechanism. It is important to restore the trust in the judiciary as a key component for the democracy, as well as protect the rights of the ordinary people. This is crucial for confidence and stability. Fine-tuned and public mechanism of the justice sector reform implementation monitoring is also extremely important. This is a common process in a democratic society demonstrating the ordinary citizens what exactly was done and when, as well as the reasons for any omissions, stressed Ian Tombinski. Virgilijus Valancius, Team Leader of the EU Project Support to the Justice Sector Reform in Ukraine, summarized the most significant results by the six key components of the Project. He thanked the Ministry of Justice of Ukraine, the Presidential Administration of Ukraine, other key justice sector counterparts, as well as international donor organizations representatives for their contributions. Cooperation with the Ministry of Justice of Ukraine, the principal beneficiary of the Project, is a matter of principal inmortance for the future activities. The role of the Ministry of Justice will be enhanced when the Action Plan within the framework of the Ukrainian Justice Sector Reform Strategy 2015 2020 is approved by the Government, said Virgilijus Valancius. According to the work plan of the EU Project Support to the Justice Sector Reform in Ukraine for the period from April to September 2015, the following key activity lines of the Project were defined: Support to the Ministry of Justice of Ukraine in analysing its role, improving its budget mechanisms, as well as assistance in the monitoring of the Action Plan implementation within the framework of the Ukrainian Justice Sector Reform Strategy 2015 2020. Support of the court judgments enforcement system and the State Penitentiary Service reform. Support in modernization system of public prosecution. Approval and implementation of the Declaration on protection of human rights in the criminal cases. 5

Support to implementation of the Ukrainian Judiciary Reform Strategy 2015 2020. Assistance in the institutional capacity building to the National Anti- Corruption Bureau and the National Agency for Prevention of Corruption. The next Steering Committee meeting is scheduled for November 2015. 6

Ukrainian counterparts learn best European practices in justice sector budget planning As a result of consultations with Ukrainian stakeholders, the EU Project experts have identified training needs in order to build capacity on strategic planning and coordinated management of the information systems, and interoperability for the Presidential Administration of Ukraine, the Ministry of Justice of Ukraine, the Council of Judges of Ukraine, as well as other local institutions dealing with the justice sector reform. On March 12 13, 2015, EU Project Support to Justice Sector Reforms in Ukraine in cooperation with the Ministry of Justice of Ukraine and the Ministry of Finance of Ukraine organized the workshop Strategic & Budget Planning and Information Systems in Justice Sector. Proper changes in the justice sector are possible only if all institutions are involved in the process of the reforms and corresponding coordinated activities are carried out simultaneously, Virgilijus Valancius, Team Leader, EU Project Support to Justice Sector Reforms in Ukraine. Opening session of the workshop Strategic & Budget Planning and Information Systems in Justice Sector. Kyiv, 12 March, 2015 The experts from Austria, Bosnia and Herzegovina, Lithuania and the UK shared the best practices on strategic planning and budgeting. Ukrainian partners had an opportunity to gain specific knowledge instrumental to improving the justice sector reform coordination mechanism on the operational level. 7

Adis Hodžić, Visiting Expert, EU Project Support to Justice Sector Reforms in Ukraine : Ukraine judiciary and its reforms should be managed along facts and figures taking into account data from global, national and court level. It is important to use scientific knowledge and international expertise on building a performance management system while emphasizing decision making along responsibilities. Current budgeting system of Ukraine judiciary has traditional line item where budget is approved and executed per budget lines like salaries, material expenses, investments, etc. In essence, such system only describes how money is being spent and demonstrates serious shortcomings usually associated with insufficient and inappropriate information for decision-making related to resource allocation; weak accountability mechanism for designating responsibility; lack of transparency and accessibility of relevant information. Ukraine s judicial system needs to establish performance-based budgeting (PBB) which uses statements of missions, goals and objectives to explain why the money is being spent. In this method, the entire planning and budgeting framework is result and not only cost oriented. In example, budget of specific court would not be determined by number of employees but by number of cases solved or, in other words, by level and quality of service provided to citizens of Ukraine. In that regard, following recommendations could be considered for Ukraine: Budgeting based on transparent and objective criteria should be established (i.e. like in Netherlands, Austria, Germany, Norway, etc.). Such case flow demand budgeting model should be scientifically produced. Criteria for determining and allocating budget based on consensus between executive and judicial power; Judiciary should have direct access to negotiate the budget with the Ministry of Finance and the Parliament; Judicial accountability should be strengthened by use of relevant performance indicators and possibly production agreements between the judiciary and the government in order to ensure that judiciary delivers value for money. 8

EU Project supports prosecution reform strategy development process Reform of the public prosecutor s office remains one of the priorities for Ukraine s justice sector reform agenda. Timely and full prosecution reform is also one of the main commitments of the Ukrainian authorities, and entering into force of the new Law of Ukraine On the Public Prosecutor s Office of 14 October 2014 is among the conditions for the implementation of the EU- Ukraine Association Agreement. Opening session of the Round table Modernization of the Public Prosecutor s Office in the Line with European Standards. Kyiv, 17 February, 2015 EU Project Support to Justice Sector Reforms in Ukraine widely contributes to the process of reforms. Being hosted by the General Prosecutor s Office of Ukraine, the Project team on a daily basis provides its management with the expert opinions on the legislative and institutional developments and initiatives. Since July 2014, the Project experts have been participating in various Working groups on the Reform of the Public Prosecutor s Office of Ukraine, providing support to legal drafting and elaborating a Strategy of the public prosecutor s office reforms. One of the main tasks of the Project is provision of the platform for discussing the course of reforms by different stakeholders. The new legislative framework regulating the organization and functioning of the public prosecutor s office, provides for numerous novelties, never experienced by Ukrainian prosecution service. One of the novelties is an increased prosecutorial 9

independence through establishing the system of self-governance. On 17 18 February, 2015, EU Project Support to Justice Sector Reforms in Ukraine in partnership with the Council of Europe Project funded by the Government of Denmark Support to Criminal Justice Reform in Ukraine held a round table in Kiev Modernization of the Public Prosecutor s Office in line with the European Standards, aimed at explaining of the benefits of the new self-government system for Ukrainian prosecutors. Visiting experts from Ireland, Italy, Poland, Slovenia and Estonia presented the main principles of independence, accountability and transparency of the prosecution service in their home countries, as well as the composition and powers of the prosecutorial self-government bodies. Participants of the Session I of the workshop Roadmap for the reforms of the public prosecutor s office: transitional initiatives and a long-term perspective. Kyiv, 25 April, 2015 On 25 26 April, 2015, the workshop Roadmap for the reforms of the public prosecutor s office: transitional initiatives and a long-term perspective was co-organized with the same partner and in cooperation with the General Prosecutor s Office of Ukraine. The event hosted representatives of the General Prosecution of Ukraine, Presidential Administration of Ukraine, National Academy of Prosecution of Ukraine, civil society, advocacy, donors community, as well as international experts. Among the participants were deputy General Prosecutors of Ukraine Vitaliy Kasko and David Sakvarelidze. The workshop aimed to discuss reform of the human resources policy at the public prosecutor s office of Ukraine. In particular, it focused on the issues of performance evaluation system, ethics and discipline, as well as increase of public trust in the prosecution. The participants also discussed new mechanisms of independence and accountability of prosecutors and optimization of investigation. 10

Loic Guerin, Key Expert for the Prosecution Reform, EU Project Support to Justice Sector Reforms in Ukraine : It was a decision of Ukraine, to build a new, transparent, effective and a modern prosecution service. We are here to support all the efforts Ukrainian authorities are making to ensure proper implementation of this decision. The trusted Public Prosecutor s Office is one of the main expectations of Ukrainian society from the overall transformation process, what makes our work extremely demanding. 11

EU experts help Ukrainian advocates develop new tools for the protection of human rights in criminal cases The EU Project Support to Justice Sector Reforms in Ukraine continues to support the efforts of Ukrainian advocates to have their say in the reform process and improve the criminal justice system. Project experts Mark Segal and Oksana Tsymbrivska (Component 4: Access to Justice and the Right to Defense) are working with the Ukrainian National Bar Association, the Association of Advocates of Ukraine, and the Ukrainian Bar Association to develop and disseminate the Advocates Declaration on the Protection of Human Rights in Criminal Cases. Official presentation of the Advocates Declaration on the Protection of Human Rights in Criminal Cases. Kyiv, 25 March, 2015 Daily practice in the criminal justice system does not fully respect Ukrainian law or European standards. This is why the Ukrainian professional associations of advocates have decided to develop a single document which summarizes the position of advocates regarding key required changes, and serves as a tool for changing practice. The Declaration is not a juridical document. It is a concise statement of key principles which need to be enforced, according to Ukrainian law and international standards which are applicable in Ukraine. This document will enable the general public to learn about shortcomings in the criminal justice system and mobilize in favor of criminal justice reforms on the basis of outreach by advocates. Outreach activities will be targeted to officials, civil society, and the media to protect human rights and respect the work of advocates, and to establish remedies for violations. 12

First workshop on discussion of the draft of the Declaration on the Protection of Human Rights in Criminal Cases. Odesa, 17 April, 2015 The Declaration is now being put through a consultative process involving advocates from all regions of Ukraine. The First Workshop, where the representatives of Odesa, Mykolayiv and Kherson oblast bar associations discussed the current draft of the Declaration, took place in Odesa on April 17. Additional Workshops dedicated to discussing the Declaration are now being arranged in eleven oblasts of Ukraine. Finalization and ratification of the document is expected in June 2015 Lidia Izovitova, President of the Ukrainian National Bar Association: We are very grateful to the team of the EU Project Support to Justice Sector Reforms in Ukraine for their contribution to development of the Declaration. The judicial system should act according to the rules, and in this Declaration we are raising the issue of its independence. We believe that this document will bring the issue of protecting human rights in the courts to a higher level. 13

Oleg Chernobay, Head of the NGO Association of Advocates of Ukraine : Strengthening civil society is impossible without a proper judiciary and advocacy. This Declaration may become a bridge between civil society and advocates. Andriy Kostin, Chair of International Relations Committee of the Ukrainian National Bar Association, Vice-Chairman of the Council of the Bar of Odesa Region: The Declaration may become an important tool for the advocates involved in criminal cases because it provides practical recommendations on how the defense should act in complex situations. The most important point is that practicing lawyers support the Declaration because the EU Project Support to Justice Sector Reforms in Ukraine has involved all professional associations of lawyers into the process, and discussion of the document is taking place in almost all regions of Ukraine in a round table format. The first workshop aimed to discuss the content of the Declaration, organized in Odesa by the EU Project and the Odesa Oblast Bar Council, attracted a great deal of attention from the advocates. There were open and heated discussions but as a result Ukrainian advocates joined forces for professional and effective protection of human rights in criminal cases. Virgilijus Valancius, Team Leader, EU Project Support to Justice Sector Reforms in Ukraine : This Declaration is an important tool for all justice sector stakeholders. It should help advocates, judges and prosecutors to take a step closer to common understanding and interpretation of problematic provisions, thus improving the situation with human rights protection. It is important to create a shared legal culture, where each party to the criminal process will have respect towards the other ones. 14

Mark Segal, Key Expert on Access to Justice and Right to Defense of the EU Project Support to Justice Sector Reforms in Ukraine : The Declaration is novel and important tool to make sure that practice in criminal cases conforms with the law and human rights standards. Putting the Declaration into practice and making it into a valuable instrument are the obligation of Ukrainian advocates. 15

Evaluation of judges next step to ensure fair trial in Ukraine Implementation of the new Law of Ukraine On Ensuring the Right to Fair Trial, which was adopted in February 2015, requires development of the normative acts to regulate evaluation of the qualification of judges. EU Project Support to Justice Sector Reforms in Ukraine assists the High Qualification Commission of Judges of Ukraine in designing new evaluation system. Two visiting experts Reda Moliene, Director of the National Courts Administration of the Republic of Lithuania, and Salvija Kavalne, Associate Professor of the Faculty of Law of the Mykolas Romeris University (Vilnius, Lithuania) have been invited to support the Ukrainian colleagues in fulfilling this task through provision of the expertise on development of the evaluation system in compliance with the European standards. Reda Moliene, (in the center) meets with the leadership of the State Judicial Administration of Ukraine. Kyiv. 23 April, 2014 16

Salvija Kavalne speaks at the workshop Judicial Performance Evaluation. Kyiv. 23 April, 2014 The experts mission started on 13 March, 2015. Reda Moliene and Salvija Kavalne already met with local counterparts representing the Supreme Court of Ukraine, the Council of Judges of Ukraine, the State Court Administration of Ukraine and the National School of Judges. They have joined the working group on implementation of the system of evaluation of judges under the High Qualification Commission of Judges of Ukraine. According to the newly adopted Law On Ensuring the Right to Fair Trial, primary evaluation of the judges of SCU and high courts with specialized jurisdiction should take place in June November 2015. 17

Reda Moliene, Visiting Expert, EU Project Support to Justice Sector Reforms in Ukraine : Evaluation of judges performance is a difficult task because it is a new experience for Ukraine. The main principles are defined by the Law On Ensuring the Right to Fair Trial the High Qualification Commission of Judges of Ukraine will conduct the initial evaluation through the board consisting of members of disciplinary and evaluation chambers. The first stage of the evaluation will be based on examination of the information given in a dossier of judge. New normative acts, which should be developed by the end of May 2015, will include assessment criteria, indicators as well as the procedural rules and the rights of the judge in the procedure. Part of our mission is also to define which of the evaluation models, used in the European countries, could be followed in Ukraine and to indicate European standards and principles which should be guaranteed in this procedure. There are formal and informal mechanisms with different purposes, criteria and procedures of evaluation in the EU member states. In Lithuania the evaluation is prescribed by the Law on Courts and legal acts adopted by the Council of Judges. It is performed regularly or in the case of the judge s application for the promotion by the special Commission for the assessment of judicial activities comprised of judges and the civil society representatives. Though in Lithuania as well as in other European countries the institute of judicial performance evaluation is considered not as the disciplinary measure, but mainly as the instrument for the improvement of judges and courts activities, for the assistance in deciding upon the best candidates for the promotion and for the identification of the training needs. 18

Contact information: Address: 19 / 33, Yaroslaviv Val Street, Office 51 52, Kyiv, 01054, Ukraine Phone / Fax: (+380 44) 234 83 77 Email: office@justicereformukraine.eu Visit us at: justicereformukraine.eu To keep track of all our latest events, you can follow us on Facebook www.facebook.com/justicereformukraine The Project is funded by the European Union. This newsletter has been produced with the assistance of the European Union. The contents of this newsletter can in no way be taken to reflect the views of the European Union. Сopyright 2015. Support to Justice Sector Reforms. All rights reserved 19