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Advancing Criminal Justice Reform in Ukraine: Challenges and Opportunities

This document explores the ongoing reform of the criminal justice system in Ukraine, focusing on new legislation, including the Criminal Procedure Code and laws governing the procuracy, legal aid, and the bar. It highlights significant challenges such as high conviction rates, management issues, and the pressure for wrongful outcomes while advocating for reforms that enhance human rights protections, adversarial processes, and effective investigations. Proposed solutions aim to modernize the prosecutorial office and improve police integrity, addressing systemic issues within the legal framework.

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Advancing Criminal Justice Reform in Ukraine: Challenges and Opportunities

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  1. Looking Into the Future: Procuracy Reform Nazar Fedorchuk Legal Specialist, US Department of Justice – OPDAT Criminal Justice Reform Program

  2. Criminal Justice Reform Stages: • (!) Legislation and Procedures – new Criminal Procedure Code • (!!) Institutions – Law on Procuracy, Law on Free Legal Aid, Law on Bar and other • (!!!) Trainings • (!!!!) Funding

  3. Current Challenges • Disincentives – management problems • No adversariality • High conviction rates in Ukraine – 99,94% • pressure to wrong outcomes – convicting innocent • too much caution – no risks • High detention rates (Lower since 2013) • European Court of Human Rights • Practical problems • “low hanging fruit” investigations • Extensive bureaucracy – as everywhere else…

  4. yellow - Number of convicted individuals green - Number of individuals y courts on non-rehabilitative grounds red - Number of Individuals acquitted [Prosecutor General of Ukraine Speech, September 7, 2009]

  5. Modernized Criminal Justice System for Ukraine: • Protection of human rights • Possibilities for defending accused significantly broadened • New procedure protects victims better • New standards, aimed to minimize use of pre-trial detention. Wider use of financial bail • Adversariality • More procedural rights to defense • Reform of Investigation – Improving Effectiveness of Investigation – New Tools to Combat Corruption and Organized Crime • Less bureaucracy where the court plays an adequate role

  6. Militia Statistics • 45,7% of people believe that police is #1 among the government agencies that disrespect human rights in Ukraine [Kyiv International Institute of Sociology] • 644 policemen per 100,000 in Ukraine vs 228,4 per 100,000 in the US • 790,000 Ukrainians were tortured or ill-treated by police in 2010 (186,000 more than in 2009).  In terms of ratio, it makes 2,5 victims per 1 police officer [Kharkiv Sociological Research Institute] • Militia gets only 40% of its approved budget • The average monthly salary of a police officer is $300-350.  Starting salary could be $220.  This makes impossible to recruit young talented individuals • According to experts, 70% of graduates from Ministry of Interior Universities are not fit to serve as police officers.  The training is mostly academic and not practical, believes MP Moskal • Minister Mohilyov plans to cut the police force by 1/3 [Analysis done by Correspondent magazine, 2011]

  7. Solutions • For Criminal Procedure: • Strengthening protection of human rights • Reform of Investigation • Adversariality • Less bureaucracy • For Prosecutors Office: • No general supervision, inspections (Soviet relict) • Clear criminal prosecution mandate - authority to guide the investigation • Modernized structure • New selection and hiring procedure • New disciplinary procedures, workable ethics code

  8. Індекс сприйняття корупції за даними Transparency International

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