14 may 2018

Ukrainian Law Enforcement Reform Digest #6

Digest for March-April 2018 is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police, prosecution authorities, State Bureau of Investigation and criminal justice legislation.

Download the Digest for March-April 2018 (eng, pdf)

I. National Police

1.1. Parliament Adopted Disciplinary Statute of the National Police

On 15 March, the Verkhovna Rada of Ukraine adopted a Disciplinary Statute of the National Police of Ukraine (draft law №4670). The final version of the text is currently unknown while the law is yet to be signed by the President, and thereafter it will become effective within 3 months. 

1.2. Experiment on Introducing Detectives Will be Extended to all Regional Centers of Ukraine 

Head of the National Police Sergiy Kniazev informed about the beginning of the third phase of introducing a detective service. As of April 2018, detective departments were launched in every regional police department. 

1.3. Strategy of Development of the Ministry of Internal Affairs 2020 Published 

1.4 Law on Reform of the Parking System for Transport Vehicles Published

The Law on reforming the sphere of transport vehicles parking that was adopted by the Parliament on 21 December 2017 will become effective on September 27, 2018. This Law must resolve the problem of parking in big cities. 

II. Public Prosecution

2.1. Qualification and Disciplinary Commission of Prosecutors Established its Own Secretariat

Creation of a separate Secretariat was needed in order to ensure independence of this body. 

2.2. Council of Prosecutors Addressed Prosecutor General with a      Proposal to Return Class Ranks to Prosecutors 

According to the Council, absence of class ranks has a negative impact on the work of prosecutors.

III. The State Bureau Of Investigation

3.1. Verkhovna Rada Returned for Refinement Draft Laws on State Bureau of Investigation (SBI)

On 13 March MPs returned to additional first reading after refinement all three legislative initiatives - № 5395 (author – Mykola Palamarchuk), № 6430 (Governmental); № 7450 (authors – Mustafa Nayyem and others). 

3.2. First Composition of the Council of Public Control (CPC) Elected

On 30 March, the Constituent Assembly of the Council of Public Control at State Bureau of Investigation took place. On 27 April, the Director of SBI signed the order on appointment of members of CPC. 

3.3. Director of SBI Published Report on his Activities in line with the Law Provisions 

On 30 March, Director of SBI Roman Truba published a report on his activities for December 2017-March 2018. According to Article 23 of the Law on SBI the Director of this body is obliged to provide annual report on his or her activities till 01 April. 

3.4. Competition for Positions in the Bureau is Ongoing

IV. Criminal Justice

4.1. Existence of Investigative Unit in the Ministry of Justice Recognized Unconstitutional 

On 24 April, the Constitutional Court of Ukraine decided to recognize part 6 of Article 216 of Criminal Procedure Code unconstitutional. Such decision was taken because of the hierarchical subordinance of the investigative bodies to top officials of the Ministry of Justice which cannot ensure independence of investigation of crimes against persons who are currently in the penal or detention facilities that are at the same time subordinate to the Ministry.

4.2.-4.4. Changes to the Legislation to Cancel  “Lozovoi Amendment” Have Been Initiated

On 06 April Draft Law № 8249 was registered in the Verkhovna Rada (authors – Olena Sotnyk and others), which cancels the majority of the negative changes to the Criminal Procedure Code of Ukraine introduced by the so-called “Lozovoy Amendment”. On 22 March, the Verkhovna Rada adopted as a whole Draft Law № 8151 (authors – Olena Sotnyk and other MPs) which excludes the provisions on submitting certain motions exclusively to the courts in region centers.

V. Reform of the National Security Sector

The Draft Law on National Security of Ukraine was adopted in the first reading.

On 5 April, the Parliament supported in the first reading the Draft Law proposed by the President of Ukraine On National Security of Ukraine (registered № 8068). The Draft Law is aimed at bringing the system of national security of Ukraine in conformity with the standards of member states of NATO. However, the draft law contains some discrepancies with the European standards and provisions. 

VІ. Reforming the System of Financial Investigations

According to the Concept of reforming criminal justice of Ukraine (2008), financial police remains the only body which has not been established, and the system of investigation of crimes which fall in the scope of its jurisdiction, has not been reformed. During March-April 2018 3 Draft Laws which should reform the system of financial investigations were registered in the Verkhovna Rada of Ukraine. On 18 April 2018, during the session of the relevant committee, the above-mentioned legislative initiatives were considered. All three draft laws were recommended to be supported by the MPs as a whole, and adopted in the first reading.