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CONSTITUTiON
•	New Verkhovna Rada of Ukraine was elected
•	What do the Ukrainians know about referendum?
FRIENDLY ADMINISTRATION
•	Digitalization from the President
•	Government obliged CPAS to ensure better conditions
for provision of services to citizens
FAIR TRIAL
•	Judges of one of Kyiv courts tried to block the process
of qualification assessment – investigation version
•	President approved members of Judiciary Reform
Commission
•	First draft laws on judiciary reform were tabled at
Parliament
HONEST LAW ENFORCEMENT
AUTHORITIES
•	Verkhovna Rada of Ukraine adopts Law on Mandatory
Chemical Castration of Individuals Who Committed
Sex Crimes against Children
•	Prosecutor General eliminated Department for Special
Investigations
•	Draft law was submitted to Parliament on cardinal
cleaning of prosecution office
•	Yurii Lutsenko was dismissed from position of the
Prosecutor General of Ukraine with violations of
requirements of the law
ANTIcorruption
•	Draft Anti-Corruption Strategy and draft State
Program for its implementation for 2019–2023 were
presented
UPLAN
•	Basic provisions of the draft law on administrative
procedure were studied in Kyiv
•	Lawyers and legal professionals in Kyiv learnt about
details of preparation of a constitutional complaint
•	New district division: Modeling methodology
discussed in Kyiv
•	Relevant materials from the UPLAN Network
PUBLICATIONS
ANNOUNCEMENTS
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state re-
forms, in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticor-
ruption, etc. The goal of the publication is to increase the level of expert awareness among the citizens and to strengthen their
capacity to influence the government authorities in order to expedite democratic reforms and to establish good governance
in Ukraine.
No. 20/2019 (July-August)NEWSLETTER
Newsletter was produced with the financial support of the European Union.
Its contents are the sole responsibility of the CPLR and do not necessarily
reflect the views of the European Union.
www.pravo.org.ua
№20 NEWSLETTER
Parliamentary election was run in Ukraine. There were no significant violations, and
the election was recognized by the international community.
New Verkhovna Rada of Ukraine
was elected
On July 21, voting at the early parliamentary election
was held in Ukraine.
Pursuant to the data provided by the “Opora” Civic
Network, the early election of members of parliament of
Ukraine on July 21, 2019 was organized and held by the
state in compliance with the requirements of the national
legislation and democratic election standards.
On September 3, the Central Election Commission
tabulated the voting results in the nationwide multi-
mandate constituency. Parliamentary seats were
distributed as follows:
•	 Political party “Servant of the People” – 124;
•	 Political party “Opposition Platform – For Life” – 37;
•	 Political party All-Ukrainian Association
“Batkivshchyna” – 24;
•	 Political party “European Solidarity” – 23;
•	 Political Party “Holos” [Voice] – 17.
As expected, the CEC tabulated results from some
single-mandate majoritarian constituencies with a delay.
In total, the parliamentary seats in the Verkhovna
Rad of Ukraine of the 9th
convocation were distributed as
follows:
•	 Political party “Servant of the People” – 254;
•	 Political party “Opposition Platform – For Life” – 43;
•	 Political party All-Ukrainian Association
“Batkivshchyna” – 26;
•	 Political party “European Solidarity” – 25;
•	 Political Party “Holos” – 20.
•	 Non-affiliated – 56.
On August 29, the elected members of parliament
took the oath of office and started their work in the
parliament.
What do the Ukrainians know
about referendum?
On the eve of the Independence Day of Ukraine,
the Center of Policy and Legal Reform jointly with Ilko
Kucheriv “Democratic Initiatives” Foundation, during the
press conference “Ukraine Received Its Independence 28
Years Ago. Where Are We Now? Where Are We Going?”
presented the results of the nationwide opinion survey of
the Ukrainian population held by Ilko Kucheriv “Democratic
Initiatives” Foundation in conjunction with Kyiv International
Institute of Sociology on August 8-20, 2019.
According to the survey results, for the first time since
2004 half of the citizens responded that developments
in Ukraine were unfolding in the right direction, which
demonstrates the Ukrainians’ optimism as to the future.
Some questions concerning the all-Ukrainian referendum
demonstrated an extremely low level of citizens’ awareness
about the legal regulation on the national referendum. For
instance, almost 70% of citizens would initiate a referendum
on establishing a uniform tax for everyone at 5%, and for
oligarchs – at 40%, and they would also introduce death
penalty for pedophiles. However, the Constitution of Ukraine
contains a direct prohibition of referenda on taxes, budgets,
and amnesty. As to the death penalty, there is a respective
decision of the Constitutional Court of Ukraine.
Such situation creates an extreme risk, and there is a
need for the information campaign aimed at increasing the
level of Ukrainian citizens’ awareness about the referendum.
“Referendum is a rather dangerous institution
that can be used for good, but in the condi-
tions of unstable transitional democracy – also
for legalization of authoritarian decisions of
any holder of official powers – the President,
the Verkhovna Rada, and others”, the CPLR
expert Bohdan Bondarenko warns.
SUMMARY OF THE MONTH
CONSTITUTiON
www.pravo.org.ua
№20NEWSLETTER
Digitalization from the President
President of Ukraine issued a Decree concerning
state registers, means of electronic identification, and
introduction of some electronic public services.
On July 29, the President signed Decree № 558/2019,
which entrusted the Cabinet of Ministers of Ukraine with
performing certain tasks, including:
1) ensuring organization of the audit of functioning of
national electronic information resources;
2) taking measures based on the audit results aimed at:
unifying fundamental normative principles of functioning
of national electronic information resources; ensuring their
proper functioning and protection, and regularization
of respective data, ensuring relevance, compliance and
accuracy of such data and avoiding their excessiveness;
using the uniform unique identifier of an individual;
activating maintenance of the contents of the Uniform
State Demographic Register; ensuring proper electronic
interaction of national electronic information resources;
creating the uniform register of addresses of the streets
and other named entities;
3) ensuring verification and establishing identity
between the sets of identification data of individuals
processed in the national electronic information resources;
4) taking measures to ensure citizens’ access to
reliable, safe, and alternative for the same level of trust
modern means of electronic identification based on the
principle of technological neutrality;
5) taking measures to create the uniform state web-
portal of e-services;
6) ensuring transfer to the electronic format during
2019 of services related to childbirth, registration of the
place of residence of a child, registration of an individual
as a taxpayer when a passport of the citizen of Ukraine is
issued for the first time, and during 2020-2021 – of other
priority public services;
7) finalizing the process of launching an electronic
mechanism of temporary changing the place of voting
without changing the voter’s address, possibilities for in-
troducing e-voting at elections, referenda, and other tasks.
In our opinion, computerization of the sphere of
provision of administrative services is an important reform
area since it simplifies and facilitates the process of their
provision significantly, and it decreases the workload on
physical places of provision of administrative services (in
the first place – CPAS). However, we have to admit that the
majority of provisions of the Decree repeat the tasks that
are already provided for in the applicable legislation and/
or programmatic decisions of the previous Government.
Some of them have been partly implemented. Among
other things, for ensuring implementation of the task
related to organizing proper electronic interaction of
national electronic information resources in Ukraine, since
May 22 the system for e-cooperation “Trembita” has been
functioning.
There are some doubts as to the correctness of the
formulation of the task related to ensuring “citizens’ access
to reliable, safe, and alternative for the same level of trust
modern means of electronic identification” given that such
means of electronic identification as Bank-ID and Mobile-
ID have already been launched in Ukraine.
Provisions of the Decree on creating a state uniform
web-web portal of e-services cause some surprise because
the Uniform State Portal of Administrative Services has al-
ready been created in Ukraine. The level of its functionality
is really low, and attention should be paid to solving this
problem in the first place. The replacement of the category
of administrative services with e-services looks like a mis-
take since the form or rather one of the forms of provision
President of Ukraine signed Decree on development of e-services.
Cabinet of Ministers of Ukraine adopted Resolution amending some documents related to the quality of services
in the Centers for Provision of Administrative Services (CPAS).
FRIENDLY
ADMINISTRATION
SUMMARY OF THE MONTH
www.pravo.org.ua
№20 NEWSLETTER
of administrative services has been moved to the first place.
It is also important to draw attention of the new
governmental team to the fact that one should not make the
computerization area absolute but preserve other activity
areas in the sphere of the administrative services reform.
Bringing services closer to the citizens will be facilitated
not only by their digitalization but also by decentralization.
Therefore, the newly elected President and the newly
created Government should pay attention to this as well. In
particular, they should complete the transfer of powers and
authorities related to provision of administrative services
from central executive bodies to local self-government
bodies as provided for in the government’s Strategy for
Public Administration Reform till 2021. For instance, so far
there has been no decentralization of such administrative
services as official records of civil status, registration of
vehicles, and issuance of driver’s licenses. This slows down
their introduction in the CPAS transparent integrated offices
where citizens would be able to order the whole package of
different administrative services just during one visit.
ditions of provision of services by CPAS.
Resolution № 714 amends some normative documents
regulating conditions of work of the CPAS and organization
of their premises. As stated on the web-site of the Ministry
of Economic Development and Trade of Ukraine, the
Resolution adopted by the Government, among other
things provides for amending the Standardized Provisions
and Rules of Procedure of the CPAS, namely with regard
to introducing the norm of mandatory installment of
information terminals and other hardware and software
facilities for citizens’ self-service. CPAS and territorial units
have to be located on the first (ground) or the second
floor of a building and have a complete set of means
for ensuring access to the premises for low-mobility
groups of the population. The governmental resolution
regulated the issues related to creation and functioning
of a territorial department, a remote work station of the
center administrator (including the one created in an
amalgamated territorial community) as well as – which is
very important – the issue related to involving the headmen
in provision of administrative services also for performing
the functions of an administrator of a remote work station.
Among other things, a decision on creating a territorial
department or a remote work station of the center
administrator has to be approved by the same agency that
created the respective CPAS depending on the needs of
the population living in the locality or the community. A
remote work station of the administrator can be mobile
– in order to ensure the possibility to work with citizens
remotely, the administrator should have the complete set
of the necessary technical means at his/her disposal.
The Resolution approved by the Government
is extremely relevant, especially in the part related
to creating all necessary conditions for people with
disabilities (namely, not only ramps but also specially
equipped sanitary rooms, convenient provision of
information also in Braille font, and so on), conditions
for payment of administrative fees by requesters – in
particular, ATMs and payment terminals should be
installed (including POS-terminals, hardware and software
complexes for self-service), requirements for activities of
a CPAS territorial department, the center administrator
working at a remote work station.
“Digitalization of services is good. But Ukraine is
larger in terms of the territory than such advanced
countries in this sphere as Estonia and Sweden.
That is why this process will not be quick here. Some
tasks should not be specified anymore but instead
everything should be done to ensure efficient imple-
mentation of the existing mechanisms of comput-
erization of services, for instance the Uniform Portal
of Administrative Services, functioning of Trembita,
and the widest possible implementation of Bank-
ID and Mobile-ID. Computerization is not the only
way to bring services closer to citizens. Practice has
demonstrated that not less important mechanism
is their decentralization and introduction of CPAS“,
Yevhen Shkolnyi, the CPLR expert, said.
Government obliged CPAS to ensure
better conditions for provision of
services to citizens
On August 14, the Cabinet of Ministers of Ukraine
adopted the Resolution that provides changes in the con-
www.pravo.org.ua
№20NEWSLETTER
Judges of one of Kyiv courts tried to
block the process of qualification
assessment – investigation version
On July 26, the National Anti-Corruption Bureau of
Ukraine published records allegedly of a conversation
of the court president with judges of the District
Administrative Court of Kyiv (Kyiv DAC). One can hear that
the court president, P. Vovk, allegedly used the lawyers he
knows to initiate cases before the court for terminating
powers and authorities of members of the High
Qualification Commission of Judges of Ukraine (the HQCJ)
and for suspending the process of qualification assessment
both in his court, and a court in Odesa. In exchange for
favorable decisions, P. Vovk allegedly had Z. Kholodniuk,
the Head of the State Judicial Administration of Ukraine
(SJA) and L. Denisova, the Verkhovna Rada Commissioner
for Human Rights, announce competitions for filling in the
positions of the HQCJ members, the winners of which were
candidates “loyal” to P. Vovk (М. Sirosh and S. Ostapets). 
Based on these facts, on August 2, suspicions were
served to P. Vovk and three judges, but they were not
removed from administering justice (except for Ye. Ablov
who was removed from duty back in April on the grounds
of having been brought to disciplinary liability). Journalists
were able to find out that members of the High Council of
Justice (the HCJ) A. Ovsienko and V. Hovorukha who were
speakers during the trial on removal, visited the Office of
the President on the eve of the hearing. The HCJ explained
that they took part in meetings of experts on discussing
judicial reform issues. However, these HCJ members are
not members of the Commission on Judiciary Reform,
which fact raises doubts as to the declared purpose of
their visit.
Inquiry into these and other facts of corruption among
judges and bringing them to a logical conclusion is an
indicator showing whether the new political force is really
striving to overcome corruption or whether it is planning
to use courts in its interests. 
President approved members of
Judiciary Reform Commission
On August 7, the President signed a decree on
establishing the Commission on Judiciary Reform as an
advisory and consultative body under the President having
charged it with the task to facilitate further development
of the judicial system by drafting and submitting proposals
to the head of state on improving the judicial system.
Traditionally, members of the Commission are scholars and
representatives of the judicial system.
Members of the commission include three CPLR
experts – R. Kuibida, M. Khavroniuk, and O. Banchuk.
However, the number of representatives of respective
civil society organizations is insignificant, but at the same
time, there is good representation of judges and lawyers
among the commission members, even though some were
involved in corruption schemes in courts.
Investigation has found judges who allegedly organized the human resources
collapse in the High Qualification Commission of Judges of Ukraine. President compiled a list of persons who
will draft the new reform of the system of judges. Draft laws are being tabled at Parliament on the new judiciary
reform.
FAIR TRIAL
SUMMARY OF THE MONTH
www.pravo.org.ua
№20 NEWSLETTER
First draft laws on judiciary reform
were tabled at Parliament
On August 29, the new convocation of the Verkhovna
Rada of Ukraine started its work. One of the first among
the registered draft laws were the President’s bills on
reforming the judicial government bodies, prosecution,
cancelling lawyers’ monopoly on presenting interests in
court, and regulating the beginning of work of the High
Anti-Corruption Court regarding the cases that will be
transferred to it for consideration. Other draft laws contain
amendments to the procedural legislation in the part
related to the transfer of cases for consideration to the
Grand Chamber of the Supreme Court.
The draft law reforming the bodies of judicial
government, among other things, provides for a new
approach to forming the High Qualification Commission of
Judges (the HQCJ). It will have to be formed within one
month by a selection commission appointed by the High
Council of Justice (the HCJ) from among the candidates
nominated by the Council of Judges and international
organizations supporting Ukraine in the fight against
corruption. Previously, the HQCJ was formed on the
quota basis by the Congress of Judges (8), lawyers (2),
scholars (2), the State Judiciary Administration (2), and the
Ombudsperson (2). Civil society organizations and experts
criticized members of this commission and the HCJ itself
for tolerating misconduct, supporting conspiracy of silence,
and impunity in the judicial community. Unfortunately, the
current membership of the HCJ is not changed by the draft
law, and at the same time its influence on the new HQCJ is
strengthened. As a result, there is a possibility that the goal
of the draft law will not be achieved. 
www.pravo.org.ua
№20NEWSLETTER
Verkhovna Rada of Ukraine adopts
Law on Mandatory Chemical Cas-
tration of Individuals Who Committed
Sex Crimes against Children
On July 11, the Verkhovna Rada of Ukraine adopted in to-
tal the Law on amending some legislative acts of Ukraine on
strengthening liability for crimes committed against minors,
underage individuals or individuals who have not attained pu-
berty (draft law №6449, initiated by O.V. Liashko et al.). The law
provides for amending the Criminal and Criminal Enforcement
Codes with regard to introducing punishment in the form of
mandatory chemical castration of individuals who committed
crimes against sexual freedom of a child. It also provides for
creation of a public register of perpetrators of such crimes.
This Law presents a serious threat for human rights. Given
the type of punishment and its mandatory nature, this is a vi-
olation of the prohibition of tortures that bans using inhuman
or humiliating punishment against a person (Article 28 of the
Constitution of Ukraine, Article 3 of the Convention for the
Protection of Human Rights and Fundamental Freedoms).
The Law fails to meet the requirements of international
standards, and it violates human rights for the following reasons:
•	 experience of other countries shows that they intro-
duced voluntary chemical castration of individuals with pe-
dophilia as replacement of the non-served part of the pun-
ishment in the form of imprisonment (in part or as whole);
•	 the chemical castration procedure is used only for
persons with pedophilia (a mental disorder found in only
several per cent of individuals sentenced for crimes against
sexual freedom of a child);
•	 respective punishment should be used only after a
conclusion of psychiatric expert analysis (diagnosing pe-
dophilia) and medical expert analysis (allowing chemical
castration and confirming absence of contraindications);
•	 creation of a public register of such convicted indi-
viduals, although it exists in practice, clearly specifies the
procedure for accessing it, disclosing information to the
third parties, etc. (for instance, access is granted to speci-
fied individuals at pedagogical institutions, etc.).
Human rights organizations addressed the President of
Ukraine requiring he should exercise his right to veto this Law.
Prosecutor General eliminated De-
partment for Special Investigations
On August 11, the Prosecutor General of Ukraine ap-
proved the order on organizational changes in the struc-
ture and the staffing schedule of the Prosecutor General’s
Office of Ukraine, which, among other things, eliminated
the Department of Special Investigations that is still re-
sponsible for proceedings in the “Maidan cases”.
This decision of the Prosecutor General was met with crit-
icism from several human rights organizations and activists.
However, it had to be approved minimum one year ago.
Pursuant to Paragraph 9 of the Transitional Provisions of the
Constitution of Ukraine, the prosecution office continues to
perform the pre-trial investigation function until the beginning
of work of the agencies, to which the respective functions are
transferred. Such powers and authorities were transferred to
the State Bureau of Investigations pursuant to the Criminal
Procedural Code of Ukraine in 2012. Yet, since the SBI started
its work only on November 27, 2018, the aforementioned pro-
visions of the Constitution came in force precisely on this day.
Therefore, the Prosecutor General’s Office has to trans-
fer all criminal proceedings investigated by the prosecution
office’s investigators to the State Bureau of Investigations as
soon as possible.
Draft law was submitted to
Parliament on cardinal cleaning of
prosecution office
On August 29, a draft law №1032 was submitted to
the Verkhovna Rada of Ukraine on primary measures for
reforming the prosecution bodies, which provides for re-
HONEST LAW ENFORCEMENT
AUTHORITIES
www.pravo.org.ua
№20 NEWSLETTER
newal of the prosecution staff through termination of work
of the previously specially created Qualification and Disci-
plinary Commission of Prosecutors and transfer of its pow-
ers and authorities to temporary attestation commissions.
The objective of the draft law is justified, and a full-
fledged reform of prosecution is expected by the Ukrain-
ian society. At the same time, the suggested mechanism
contains several problems:
- lack of justification of the termination of work of the
QDCP. Neither analytical studies nor the mass media pro-
vide information about problems with holding the QDCP
competitions. Therefore, attempts of the draft law authors
to remove the present members of the QDCP from new
competitions is not based on any objective grounds be-
cause no violation or abuse by the Commission was dis-
covered in the process of holding the competitions;
- secrecy of formation of temporary attestation commis-
sions and removal of prosecutorial self-government bodies
(all-Ukrainian conference of prosecutors) from the process is
a violation of the European principles of participation of the
professional self-government bodies in activities of prosecu-
torial agencies provided for in Part 5 Article 7 of the Law on
Prosecution. The draft law suggests all these issues should
be within the realm of the Prosecutor General of Ukraine;
- violation of the principles of organization of a pros-
ecution office. At present, the structure and the network
of prosecutorial bodies is clearly provided for in the Law
and appendices thereto. In the judiciary system, both the
network of courts and bodies of lawyers’ self-government
are specified in detail by the provisions of respective laws.
Instead, this draft law suggests that the respective powers
should be vested exclusively in the Prosecutor General;
- increased period for dismissal of prosecutors, and
possibilities for creating artificial delays in this process.
According to the current model of disciplinary liability and
dismissal of prosecutors, the respective decision of the
QDCP can be appealed against at the High Council of Jus-
tice or in court (the Administrative Court of Cassation, and
further – the Grand Chamber of the Supreme Court). How-
ever, the workload of the HCJ results in the situation when
complaints are examined for a long time, and the period
for bringing a person to liability expires so when the HCJ
has examined the case it is actually no longer possible to
bring a prosecutor to liability or dismiss him/her. The draft
law makes this process even more complicated – now the
wave of prosecutors’ cases submitted to the HCJ can grow
by 26 times (one QDCP will be replaced by 26 attestation
commissions), and the number of court instances will be
doubled – a dismissed prosecutor can appeal to a district
court, a court of appeal, the Administrative Court of Cassa-
tion, and the Grand Chamber of the Supreme Court;
- loss of considerable budget funds allocated for train-
ing candidates for prosecutors. On April 16, regular one-
year training began for 345 candidates for prosecutors of
local prosecution offices. Selection of prosecutors under
the new rules as provided for in the draft law will mean
loss of funds that have been already spent on organization
of the training, accommodation of candidates, their allow-
ance, payment of salaries to teachers, etc.
It should also be mentioned here that the draft law was
not analyzed by European experts. Furthermore, it was not
discussed at a meeting of the newly established advisory
body under the President of Ukraine – the Commission on
Judiciary Reform. Yet, this Commission was established
precisely for providing advice to the head of state on im-
proving the judiciary system of Ukraine.
Yurii Lutsenko was dismissed from
position of the Prosecutor General
of Ukraine with violations of require-
ments of the law
On August 29, the President of Ukraine issued a De-
cree on dismissal of Yurii Lutsenko from the position of the
Prosecutor General of Ukraine having received the Parlia-
ment’s consent to such dismissal.
However, the dismissal procedure violated the require-
ments of Part 4 Article 42 of the Law on Prosecution, which
provides for the need to receive a conclusion of the Qualifi-
cation and Disciplinary Commission of Prosecutors on per-
formance of professional duties by the Prosecutor General
of Ukraine. The QDCP did not provide such conclusion.
The need to receive such conclusion was included in
the Law in order to protect the Prosecutor General from
politically motivated dismissal or no-confidence vote. This
is one of the guarantees ensuring independence of pros-
ecution as a component of the judiciary system from the
influence of political authorities.
www.pravo.org.ua
№20NEWSLETTER
Draft Anti-Corruption Strategy and
draft State Program for its implemen-
tation for 2019–2023 were presented
On July 24, during the conference New Anti-Corruption
Strategy for Ukraine: What Should It Look Like? experts
of the Center of Policy and Legal Reform presented an
alternative draft Anti-Corruption Strategy and a draft
State Program for its implementation in 2019–2023, and
initiated a discussion on further implementation of anti-
corruption policy in general.
In the beginning of the event, the need to adopt a
new Anti-Corruption Strategy was discussed as well as
the prospects for consideration of this document by the
newly elected members of the Verkhovna Rada of Ukraine.
Opinions on this issue were presented by Deputy Head of
the Office of the President of Ukraine Ruslan Riaboshapka,
representatives of the would-be parliamentary factions
(Anastasia Krasnosilska, Halyna Yanchenko, Oleksandra
Ustinova) and other specialists in this sphere (Eka
Tkelashvili, Mykola Khavroniuk).
During the second panel discussions, the CPLR experts
Anton Marchuk and Dmytro Kalmykov presented basic
provisions of the draft documents in question regarding
the system of measures aimed at preventing corruption.
These issues were discussed by Oksana Velychko, Head
of the Oversight Council of the NGO “Together Against
Corruption”, Oleksandr Kalitenko, expert of “Transparency
International Ukraine”, Gunel Babakishieva, expert of the
“Eidos” Center, and Robert Sivers, expert of the USAID_
ВзаємоДія! (SACCI) project.
The issues related to ensuring unavoidability of
punishment for corruption was a topic of the third
discussion panel that was held with participation of member
of the Board, Director for Scientific Development of the
CPLR, member of the National Council for Anti-Corruption
Policy Mykola Khavroniuk, Director of the National Anti-
Corruption Bureau of Ukraine Artem Sytnyk, Deputy Head
of the Specialized Anti-Corruption Prosecution Office
Volodymyr Kryvenko, judges of the High Anti-Corruption
Court Vira Mykhailenko and Oleksii Kravchuk, and expert of
the EU Anti-Corruption Initiative Serhii Derkach.
The total number of event participants exceeded 150.
The presented documents were highly assessed by the
expert community, and the event itself was vastly covered
by the mass media and social media.
During the conference, several reasonable comments
were presented. For several weeks, proposals and
comments continued to come to the address of the team of
authors, the majority of which were taken into consideration
in the process of finalization of these documents.
In early August, draft Anti-Corruption Strategy and
draft State Program for its implementation in 2019–2023
were submitted to the Office to the President of Ukraine.
Soon, they will become the subject of further discussion
and finalization by the National Council on Anti-Corruption
Policy under the President of Ukraine.
CPLR experts presented draft Anti-Corruption Strategy and draft State Program for its
implementation in 2019–2023, and submitted the documents to the Office of the President of Ukraine.
ANTIcorruption
SUMMARY OF THE MONTH
www.pravo.org.ua
№20 NEWSLETTER
training for lawyers, legal professionals, and civil society
activists.
The trainers were talking about the importance of
constitutional complaint institutions, who can act as
an initiating entity, and in which cases a constitutional
complaint can be submitted.
 
New district division:
Modeling methodology
discussed in Kyiv
New district division is more and more frequently
discussed in Ukraine. On August 9 in Kyiv, a training
seminar was held on modeling improvement of the
administrative territorial organization at a district level in
the regions of Ukraine.
In addition to Zaporizhzhia and Dnipropetrovsk
Oblasts, district division designs were developed with
support from the Center of Policy and Legal Reform
for Lviv, Ternopil, and Ivano-Frankivsk Oblasts. In the
remaining nine oblasts of Ukraine round tables, at which
Basic provisions of the draft law
on administrative procedure were
studied in Kyiv
On July 17 in Kyiv, a training seminar on Administrative
Procedure was held. The event was organized by the
Center of Policy and Legal Reform. Participants of the
event had a practical discussion of real-life situations
that develop between citizens and state authorities or
local self-government bodies, and offered an algorithm of
actions in line with the genera administrative procedure.
Lawyers and legal professionals in
Kyiv learnt about details of prepara-
tion of a constitutional complaint
On August 7 in Kyiv, the CPLR experts Yulia
Kyrychenko and Bohdan Bondarenko jointly with the
UPLAN network delivered the Constitutional Complaint
InJuly andAugust,experts of the Civic Network of Public Law andAdministration,UPLAN,
continued to study the nuances of the administrative procedure, discussed election programs of majoritarian candidates,
and the methodology of modeling the new district division of Ukraine.
SUMMARY OF THE MONTH
www.pravo.org.ua
№20NEWSLETTER
Follow the UPLAN Network News:
On the web portal http://uplan.org.ua/
https://www.facebook.com/UkrainianPlan
https://t.me/gidreforms
https://twitter.com/_UPLAN_
experts will present their proposals of the new district
(povit) division for discussion, will be held in September-
December.
 
Relevant materials from
the UPLAN Network
Conscious Choice: Tasks for Civil Society (N. Holovata)
Is Decentralization Real for Urban Neighborhoods?
Polish Experience (Kh. Tybinka)
Who Are They – Majoritarian Candidates in Kharkiv Re-
gion (А. Shostak)
Agenda for New Parliament: Opinion of the Regions
(N. Holovata)
Which Services Can Be Ordered in CPAS of Western
Ukraine (Kh. Tybinka)
Bodies of Self-Organization of Population: Where Re-
sources Can Be Found (А. Krupnyk)
Constitutional Compliant as National Means
of Legal Protection: Legal Consequences
(D.Terletskyi)
How the First Regulatory Hub in Ukraine Works and
What It Has Achieved (S. Bezushko).
Report on the results of monitoring of court examination of cases,
pre-trial investigation of which was completed by NABU detectives
А. Marchuk, V. Valko
The report presents the results of 1.5-year monitoring of the part of criminal proceed-
ings, pre-trial investigation of which was carried out by the NABU detectives.
ÃÏ
ÃРОМАÄСãÏÍÎ
ÏОНТРОЛã
ЗВІТ ЗА РЕЗУЛЬТАТАМИ МОНІТОРИНГУ СУДОВОГО РОЗГЛЯДУ СПРАВ,
ДОСУДОВЕ РОЗСЛІДУВАННЯ В ЯКИХ ЗАВЕРШЕНЕ ДЕТЕКТИВАМИ НАБУ
ЗВІТ ПІДГОТУВАЛИ:
ЮРИСТ-АНАЛІТИК СЕКРЕТАРІАТУ РАДИ ГРОМАДСЬКОГО КОНТРОЛЮ ВАЛЬКО В.І.
ЕКСПЕРТ ЦЕНТРУ ПОЛІТИКО-ПРАВОВИХ РЕФОРМ МАРЧУК А.Я.
БЕРЕЗЕНЬ 2018 — СЕРПЕНЬ 2019 р.
PUBLICATIONS
All publications in electronic format can be
downloaded at the website of the Centre of
Policy and Legal Refom:
http://pravo.org.ua/ua/about/books/
www.pravo.org.ua
№20 NEWSLETTER
Press-conference
“Quality of administrative services in Ukraine:
What has changed during the last five years?”
(September 4, Kyiv)
Conference
“Judicial Governance in Eastern Partnership States”
(September 13, Odesa)
Training seminar
“Administrative procedure:
New rules of cooperation between authorities and citizens”
(September 20, Lviv)
Conference on the draft law on administrative fee
(September 20, Kyiv)
Press conference on activities of the
Constitutional Court of Ukraine (TBC, Kyiv)
Round table on activities of the Constitutional Court
of Ukraine (September 30, Kyiv)
e-mail:	 centre@pravo.org.ua
phone:	 +38 044 278 03 17
	 +38 044 278 03 72
fax:	 +38 044 278 16 55
Kyiv, Ukraine, 4 Khreshchatyk St., of. 13 Postal code: 01001
www.facebook.com/pravo.org.ua/
www.pravo.org.ua
ANNOUNCEMENTS

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Newsletter No20 (July-August)

  • 1. www.pravo.org.ua ä ð å www.pravo.org.ua CONSTITUTiON • New Verkhovna Rada of Ukraine was elected • What do the Ukrainians know about referendum? FRIENDLY ADMINISTRATION • Digitalization from the President • Government obliged CPAS to ensure better conditions for provision of services to citizens FAIR TRIAL • Judges of one of Kyiv courts tried to block the process of qualification assessment – investigation version • President approved members of Judiciary Reform Commission • First draft laws on judiciary reform were tabled at Parliament HONEST LAW ENFORCEMENT AUTHORITIES • Verkhovna Rada of Ukraine adopts Law on Mandatory Chemical Castration of Individuals Who Committed Sex Crimes against Children • Prosecutor General eliminated Department for Special Investigations • Draft law was submitted to Parliament on cardinal cleaning of prosecution office • Yurii Lutsenko was dismissed from position of the Prosecutor General of Ukraine with violations of requirements of the law ANTIcorruption • Draft Anti-Corruption Strategy and draft State Program for its implementation for 2019–2023 were presented UPLAN • Basic provisions of the draft law on administrative procedure were studied in Kyiv • Lawyers and legal professionals in Kyiv learnt about details of preparation of a constitutional complaint • New district division: Modeling methodology discussed in Kyiv • Relevant materials from the UPLAN Network PUBLICATIONS ANNOUNCEMENTS The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state re- forms, in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticor- ruption, etc. The goal of the publication is to increase the level of expert awareness among the citizens and to strengthen their capacity to influence the government authorities in order to expedite democratic reforms and to establish good governance in Ukraine. No. 20/2019 (July-August)NEWSLETTER Newsletter was produced with the financial support of the European Union. Its contents are the sole responsibility of the CPLR and do not necessarily reflect the views of the European Union.
  • 2. www.pravo.org.ua №20 NEWSLETTER Parliamentary election was run in Ukraine. There were no significant violations, and the election was recognized by the international community. New Verkhovna Rada of Ukraine was elected On July 21, voting at the early parliamentary election was held in Ukraine. Pursuant to the data provided by the “Opora” Civic Network, the early election of members of parliament of Ukraine on July 21, 2019 was organized and held by the state in compliance with the requirements of the national legislation and democratic election standards. On September 3, the Central Election Commission tabulated the voting results in the nationwide multi- mandate constituency. Parliamentary seats were distributed as follows: • Political party “Servant of the People” – 124; • Political party “Opposition Platform – For Life” – 37; • Political party All-Ukrainian Association “Batkivshchyna” – 24; • Political party “European Solidarity” – 23; • Political Party “Holos” [Voice] – 17. As expected, the CEC tabulated results from some single-mandate majoritarian constituencies with a delay. In total, the parliamentary seats in the Verkhovna Rad of Ukraine of the 9th convocation were distributed as follows: • Political party “Servant of the People” – 254; • Political party “Opposition Platform – For Life” – 43; • Political party All-Ukrainian Association “Batkivshchyna” – 26; • Political party “European Solidarity” – 25; • Political Party “Holos” – 20. • Non-affiliated – 56. On August 29, the elected members of parliament took the oath of office and started their work in the parliament. What do the Ukrainians know about referendum? On the eve of the Independence Day of Ukraine, the Center of Policy and Legal Reform jointly with Ilko Kucheriv “Democratic Initiatives” Foundation, during the press conference “Ukraine Received Its Independence 28 Years Ago. Where Are We Now? Where Are We Going?” presented the results of the nationwide opinion survey of the Ukrainian population held by Ilko Kucheriv “Democratic Initiatives” Foundation in conjunction with Kyiv International Institute of Sociology on August 8-20, 2019. According to the survey results, for the first time since 2004 half of the citizens responded that developments in Ukraine were unfolding in the right direction, which demonstrates the Ukrainians’ optimism as to the future. Some questions concerning the all-Ukrainian referendum demonstrated an extremely low level of citizens’ awareness about the legal regulation on the national referendum. For instance, almost 70% of citizens would initiate a referendum on establishing a uniform tax for everyone at 5%, and for oligarchs – at 40%, and they would also introduce death penalty for pedophiles. However, the Constitution of Ukraine contains a direct prohibition of referenda on taxes, budgets, and amnesty. As to the death penalty, there is a respective decision of the Constitutional Court of Ukraine. Such situation creates an extreme risk, and there is a need for the information campaign aimed at increasing the level of Ukrainian citizens’ awareness about the referendum. “Referendum is a rather dangerous institution that can be used for good, but in the condi- tions of unstable transitional democracy – also for legalization of authoritarian decisions of any holder of official powers – the President, the Verkhovna Rada, and others”, the CPLR expert Bohdan Bondarenko warns. SUMMARY OF THE MONTH CONSTITUTiON
  • 3. www.pravo.org.ua №20NEWSLETTER Digitalization from the President President of Ukraine issued a Decree concerning state registers, means of electronic identification, and introduction of some electronic public services. On July 29, the President signed Decree № 558/2019, which entrusted the Cabinet of Ministers of Ukraine with performing certain tasks, including: 1) ensuring organization of the audit of functioning of national electronic information resources; 2) taking measures based on the audit results aimed at: unifying fundamental normative principles of functioning of national electronic information resources; ensuring their proper functioning and protection, and regularization of respective data, ensuring relevance, compliance and accuracy of such data and avoiding their excessiveness; using the uniform unique identifier of an individual; activating maintenance of the contents of the Uniform State Demographic Register; ensuring proper electronic interaction of national electronic information resources; creating the uniform register of addresses of the streets and other named entities; 3) ensuring verification and establishing identity between the sets of identification data of individuals processed in the national electronic information resources; 4) taking measures to ensure citizens’ access to reliable, safe, and alternative for the same level of trust modern means of electronic identification based on the principle of technological neutrality; 5) taking measures to create the uniform state web- portal of e-services; 6) ensuring transfer to the electronic format during 2019 of services related to childbirth, registration of the place of residence of a child, registration of an individual as a taxpayer when a passport of the citizen of Ukraine is issued for the first time, and during 2020-2021 – of other priority public services; 7) finalizing the process of launching an electronic mechanism of temporary changing the place of voting without changing the voter’s address, possibilities for in- troducing e-voting at elections, referenda, and other tasks. In our opinion, computerization of the sphere of provision of administrative services is an important reform area since it simplifies and facilitates the process of their provision significantly, and it decreases the workload on physical places of provision of administrative services (in the first place – CPAS). However, we have to admit that the majority of provisions of the Decree repeat the tasks that are already provided for in the applicable legislation and/ or programmatic decisions of the previous Government. Some of them have been partly implemented. Among other things, for ensuring implementation of the task related to organizing proper electronic interaction of national electronic information resources in Ukraine, since May 22 the system for e-cooperation “Trembita” has been functioning. There are some doubts as to the correctness of the formulation of the task related to ensuring “citizens’ access to reliable, safe, and alternative for the same level of trust modern means of electronic identification” given that such means of electronic identification as Bank-ID and Mobile- ID have already been launched in Ukraine. Provisions of the Decree on creating a state uniform web-web portal of e-services cause some surprise because the Uniform State Portal of Administrative Services has al- ready been created in Ukraine. The level of its functionality is really low, and attention should be paid to solving this problem in the first place. The replacement of the category of administrative services with e-services looks like a mis- take since the form or rather one of the forms of provision President of Ukraine signed Decree on development of e-services. Cabinet of Ministers of Ukraine adopted Resolution amending some documents related to the quality of services in the Centers for Provision of Administrative Services (CPAS). FRIENDLY ADMINISTRATION SUMMARY OF THE MONTH
  • 4. www.pravo.org.ua №20 NEWSLETTER of administrative services has been moved to the first place. It is also important to draw attention of the new governmental team to the fact that one should not make the computerization area absolute but preserve other activity areas in the sphere of the administrative services reform. Bringing services closer to the citizens will be facilitated not only by their digitalization but also by decentralization. Therefore, the newly elected President and the newly created Government should pay attention to this as well. In particular, they should complete the transfer of powers and authorities related to provision of administrative services from central executive bodies to local self-government bodies as provided for in the government’s Strategy for Public Administration Reform till 2021. For instance, so far there has been no decentralization of such administrative services as official records of civil status, registration of vehicles, and issuance of driver’s licenses. This slows down their introduction in the CPAS transparent integrated offices where citizens would be able to order the whole package of different administrative services just during one visit. ditions of provision of services by CPAS. Resolution № 714 amends some normative documents regulating conditions of work of the CPAS and organization of their premises. As stated on the web-site of the Ministry of Economic Development and Trade of Ukraine, the Resolution adopted by the Government, among other things provides for amending the Standardized Provisions and Rules of Procedure of the CPAS, namely with regard to introducing the norm of mandatory installment of information terminals and other hardware and software facilities for citizens’ self-service. CPAS and territorial units have to be located on the first (ground) or the second floor of a building and have a complete set of means for ensuring access to the premises for low-mobility groups of the population. The governmental resolution regulated the issues related to creation and functioning of a territorial department, a remote work station of the center administrator (including the one created in an amalgamated territorial community) as well as – which is very important – the issue related to involving the headmen in provision of administrative services also for performing the functions of an administrator of a remote work station. Among other things, a decision on creating a territorial department or a remote work station of the center administrator has to be approved by the same agency that created the respective CPAS depending on the needs of the population living in the locality or the community. A remote work station of the administrator can be mobile – in order to ensure the possibility to work with citizens remotely, the administrator should have the complete set of the necessary technical means at his/her disposal. The Resolution approved by the Government is extremely relevant, especially in the part related to creating all necessary conditions for people with disabilities (namely, not only ramps but also specially equipped sanitary rooms, convenient provision of information also in Braille font, and so on), conditions for payment of administrative fees by requesters – in particular, ATMs and payment terminals should be installed (including POS-terminals, hardware and software complexes for self-service), requirements for activities of a CPAS territorial department, the center administrator working at a remote work station. “Digitalization of services is good. But Ukraine is larger in terms of the territory than such advanced countries in this sphere as Estonia and Sweden. That is why this process will not be quick here. Some tasks should not be specified anymore but instead everything should be done to ensure efficient imple- mentation of the existing mechanisms of comput- erization of services, for instance the Uniform Portal of Administrative Services, functioning of Trembita, and the widest possible implementation of Bank- ID and Mobile-ID. Computerization is not the only way to bring services closer to citizens. Practice has demonstrated that not less important mechanism is their decentralization and introduction of CPAS“, Yevhen Shkolnyi, the CPLR expert, said. Government obliged CPAS to ensure better conditions for provision of services to citizens On August 14, the Cabinet of Ministers of Ukraine adopted the Resolution that provides changes in the con-
  • 5. www.pravo.org.ua №20NEWSLETTER Judges of one of Kyiv courts tried to block the process of qualification assessment – investigation version On July 26, the National Anti-Corruption Bureau of Ukraine published records allegedly of a conversation of the court president with judges of the District Administrative Court of Kyiv (Kyiv DAC). One can hear that the court president, P. Vovk, allegedly used the lawyers he knows to initiate cases before the court for terminating powers and authorities of members of the High Qualification Commission of Judges of Ukraine (the HQCJ) and for suspending the process of qualification assessment both in his court, and a court in Odesa. In exchange for favorable decisions, P. Vovk allegedly had Z. Kholodniuk, the Head of the State Judicial Administration of Ukraine (SJA) and L. Denisova, the Verkhovna Rada Commissioner for Human Rights, announce competitions for filling in the positions of the HQCJ members, the winners of which were candidates “loyal” to P. Vovk (М. Sirosh and S. Ostapets).  Based on these facts, on August 2, suspicions were served to P. Vovk and three judges, but they were not removed from administering justice (except for Ye. Ablov who was removed from duty back in April on the grounds of having been brought to disciplinary liability). Journalists were able to find out that members of the High Council of Justice (the HCJ) A. Ovsienko and V. Hovorukha who were speakers during the trial on removal, visited the Office of the President on the eve of the hearing. The HCJ explained that they took part in meetings of experts on discussing judicial reform issues. However, these HCJ members are not members of the Commission on Judiciary Reform, which fact raises doubts as to the declared purpose of their visit. Inquiry into these and other facts of corruption among judges and bringing them to a logical conclusion is an indicator showing whether the new political force is really striving to overcome corruption or whether it is planning to use courts in its interests.  President approved members of Judiciary Reform Commission On August 7, the President signed a decree on establishing the Commission on Judiciary Reform as an advisory and consultative body under the President having charged it with the task to facilitate further development of the judicial system by drafting and submitting proposals to the head of state on improving the judicial system. Traditionally, members of the Commission are scholars and representatives of the judicial system. Members of the commission include three CPLR experts – R. Kuibida, M. Khavroniuk, and O. Banchuk. However, the number of representatives of respective civil society organizations is insignificant, but at the same time, there is good representation of judges and lawyers among the commission members, even though some were involved in corruption schemes in courts. Investigation has found judges who allegedly organized the human resources collapse in the High Qualification Commission of Judges of Ukraine. President compiled a list of persons who will draft the new reform of the system of judges. Draft laws are being tabled at Parliament on the new judiciary reform. FAIR TRIAL SUMMARY OF THE MONTH
  • 6. www.pravo.org.ua №20 NEWSLETTER First draft laws on judiciary reform were tabled at Parliament On August 29, the new convocation of the Verkhovna Rada of Ukraine started its work. One of the first among the registered draft laws were the President’s bills on reforming the judicial government bodies, prosecution, cancelling lawyers’ monopoly on presenting interests in court, and regulating the beginning of work of the High Anti-Corruption Court regarding the cases that will be transferred to it for consideration. Other draft laws contain amendments to the procedural legislation in the part related to the transfer of cases for consideration to the Grand Chamber of the Supreme Court. The draft law reforming the bodies of judicial government, among other things, provides for a new approach to forming the High Qualification Commission of Judges (the HQCJ). It will have to be formed within one month by a selection commission appointed by the High Council of Justice (the HCJ) from among the candidates nominated by the Council of Judges and international organizations supporting Ukraine in the fight against corruption. Previously, the HQCJ was formed on the quota basis by the Congress of Judges (8), lawyers (2), scholars (2), the State Judiciary Administration (2), and the Ombudsperson (2). Civil society organizations and experts criticized members of this commission and the HCJ itself for tolerating misconduct, supporting conspiracy of silence, and impunity in the judicial community. Unfortunately, the current membership of the HCJ is not changed by the draft law, and at the same time its influence on the new HQCJ is strengthened. As a result, there is a possibility that the goal of the draft law will not be achieved. 
  • 7. www.pravo.org.ua №20NEWSLETTER Verkhovna Rada of Ukraine adopts Law on Mandatory Chemical Cas- tration of Individuals Who Committed Sex Crimes against Children On July 11, the Verkhovna Rada of Ukraine adopted in to- tal the Law on amending some legislative acts of Ukraine on strengthening liability for crimes committed against minors, underage individuals or individuals who have not attained pu- berty (draft law №6449, initiated by O.V. Liashko et al.). The law provides for amending the Criminal and Criminal Enforcement Codes with regard to introducing punishment in the form of mandatory chemical castration of individuals who committed crimes against sexual freedom of a child. It also provides for creation of a public register of perpetrators of such crimes. This Law presents a serious threat for human rights. Given the type of punishment and its mandatory nature, this is a vi- olation of the prohibition of tortures that bans using inhuman or humiliating punishment against a person (Article 28 of the Constitution of Ukraine, Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms). The Law fails to meet the requirements of international standards, and it violates human rights for the following reasons: • experience of other countries shows that they intro- duced voluntary chemical castration of individuals with pe- dophilia as replacement of the non-served part of the pun- ishment in the form of imprisonment (in part or as whole); • the chemical castration procedure is used only for persons with pedophilia (a mental disorder found in only several per cent of individuals sentenced for crimes against sexual freedom of a child); • respective punishment should be used only after a conclusion of psychiatric expert analysis (diagnosing pe- dophilia) and medical expert analysis (allowing chemical castration and confirming absence of contraindications); • creation of a public register of such convicted indi- viduals, although it exists in practice, clearly specifies the procedure for accessing it, disclosing information to the third parties, etc. (for instance, access is granted to speci- fied individuals at pedagogical institutions, etc.). Human rights organizations addressed the President of Ukraine requiring he should exercise his right to veto this Law. Prosecutor General eliminated De- partment for Special Investigations On August 11, the Prosecutor General of Ukraine ap- proved the order on organizational changes in the struc- ture and the staffing schedule of the Prosecutor General’s Office of Ukraine, which, among other things, eliminated the Department of Special Investigations that is still re- sponsible for proceedings in the “Maidan cases”. This decision of the Prosecutor General was met with crit- icism from several human rights organizations and activists. However, it had to be approved minimum one year ago. Pursuant to Paragraph 9 of the Transitional Provisions of the Constitution of Ukraine, the prosecution office continues to perform the pre-trial investigation function until the beginning of work of the agencies, to which the respective functions are transferred. Such powers and authorities were transferred to the State Bureau of Investigations pursuant to the Criminal Procedural Code of Ukraine in 2012. Yet, since the SBI started its work only on November 27, 2018, the aforementioned pro- visions of the Constitution came in force precisely on this day. Therefore, the Prosecutor General’s Office has to trans- fer all criminal proceedings investigated by the prosecution office’s investigators to the State Bureau of Investigations as soon as possible. Draft law was submitted to Parliament on cardinal cleaning of prosecution office On August 29, a draft law №1032 was submitted to the Verkhovna Rada of Ukraine on primary measures for reforming the prosecution bodies, which provides for re- HONEST LAW ENFORCEMENT AUTHORITIES
  • 8. www.pravo.org.ua №20 NEWSLETTER newal of the prosecution staff through termination of work of the previously specially created Qualification and Disci- plinary Commission of Prosecutors and transfer of its pow- ers and authorities to temporary attestation commissions. The objective of the draft law is justified, and a full- fledged reform of prosecution is expected by the Ukrain- ian society. At the same time, the suggested mechanism contains several problems: - lack of justification of the termination of work of the QDCP. Neither analytical studies nor the mass media pro- vide information about problems with holding the QDCP competitions. Therefore, attempts of the draft law authors to remove the present members of the QDCP from new competitions is not based on any objective grounds be- cause no violation or abuse by the Commission was dis- covered in the process of holding the competitions; - secrecy of formation of temporary attestation commis- sions and removal of prosecutorial self-government bodies (all-Ukrainian conference of prosecutors) from the process is a violation of the European principles of participation of the professional self-government bodies in activities of prosecu- torial agencies provided for in Part 5 Article 7 of the Law on Prosecution. The draft law suggests all these issues should be within the realm of the Prosecutor General of Ukraine; - violation of the principles of organization of a pros- ecution office. At present, the structure and the network of prosecutorial bodies is clearly provided for in the Law and appendices thereto. In the judiciary system, both the network of courts and bodies of lawyers’ self-government are specified in detail by the provisions of respective laws. Instead, this draft law suggests that the respective powers should be vested exclusively in the Prosecutor General; - increased period for dismissal of prosecutors, and possibilities for creating artificial delays in this process. According to the current model of disciplinary liability and dismissal of prosecutors, the respective decision of the QDCP can be appealed against at the High Council of Jus- tice or in court (the Administrative Court of Cassation, and further – the Grand Chamber of the Supreme Court). How- ever, the workload of the HCJ results in the situation when complaints are examined for a long time, and the period for bringing a person to liability expires so when the HCJ has examined the case it is actually no longer possible to bring a prosecutor to liability or dismiss him/her. The draft law makes this process even more complicated – now the wave of prosecutors’ cases submitted to the HCJ can grow by 26 times (one QDCP will be replaced by 26 attestation commissions), and the number of court instances will be doubled – a dismissed prosecutor can appeal to a district court, a court of appeal, the Administrative Court of Cassa- tion, and the Grand Chamber of the Supreme Court; - loss of considerable budget funds allocated for train- ing candidates for prosecutors. On April 16, regular one- year training began for 345 candidates for prosecutors of local prosecution offices. Selection of prosecutors under the new rules as provided for in the draft law will mean loss of funds that have been already spent on organization of the training, accommodation of candidates, their allow- ance, payment of salaries to teachers, etc. It should also be mentioned here that the draft law was not analyzed by European experts. Furthermore, it was not discussed at a meeting of the newly established advisory body under the President of Ukraine – the Commission on Judiciary Reform. Yet, this Commission was established precisely for providing advice to the head of state on im- proving the judiciary system of Ukraine. Yurii Lutsenko was dismissed from position of the Prosecutor General of Ukraine with violations of require- ments of the law On August 29, the President of Ukraine issued a De- cree on dismissal of Yurii Lutsenko from the position of the Prosecutor General of Ukraine having received the Parlia- ment’s consent to such dismissal. However, the dismissal procedure violated the require- ments of Part 4 Article 42 of the Law on Prosecution, which provides for the need to receive a conclusion of the Qualifi- cation and Disciplinary Commission of Prosecutors on per- formance of professional duties by the Prosecutor General of Ukraine. The QDCP did not provide such conclusion. The need to receive such conclusion was included in the Law in order to protect the Prosecutor General from politically motivated dismissal or no-confidence vote. This is one of the guarantees ensuring independence of pros- ecution as a component of the judiciary system from the influence of political authorities.
  • 9. www.pravo.org.ua №20NEWSLETTER Draft Anti-Corruption Strategy and draft State Program for its implemen- tation for 2019–2023 were presented On July 24, during the conference New Anti-Corruption Strategy for Ukraine: What Should It Look Like? experts of the Center of Policy and Legal Reform presented an alternative draft Anti-Corruption Strategy and a draft State Program for its implementation in 2019–2023, and initiated a discussion on further implementation of anti- corruption policy in general. In the beginning of the event, the need to adopt a new Anti-Corruption Strategy was discussed as well as the prospects for consideration of this document by the newly elected members of the Verkhovna Rada of Ukraine. Opinions on this issue were presented by Deputy Head of the Office of the President of Ukraine Ruslan Riaboshapka, representatives of the would-be parliamentary factions (Anastasia Krasnosilska, Halyna Yanchenko, Oleksandra Ustinova) and other specialists in this sphere (Eka Tkelashvili, Mykola Khavroniuk). During the second panel discussions, the CPLR experts Anton Marchuk and Dmytro Kalmykov presented basic provisions of the draft documents in question regarding the system of measures aimed at preventing corruption. These issues were discussed by Oksana Velychko, Head of the Oversight Council of the NGO “Together Against Corruption”, Oleksandr Kalitenko, expert of “Transparency International Ukraine”, Gunel Babakishieva, expert of the “Eidos” Center, and Robert Sivers, expert of the USAID_ ВзаємоДія! (SACCI) project. The issues related to ensuring unavoidability of punishment for corruption was a topic of the third discussion panel that was held with participation of member of the Board, Director for Scientific Development of the CPLR, member of the National Council for Anti-Corruption Policy Mykola Khavroniuk, Director of the National Anti- Corruption Bureau of Ukraine Artem Sytnyk, Deputy Head of the Specialized Anti-Corruption Prosecution Office Volodymyr Kryvenko, judges of the High Anti-Corruption Court Vira Mykhailenko and Oleksii Kravchuk, and expert of the EU Anti-Corruption Initiative Serhii Derkach. The total number of event participants exceeded 150. The presented documents were highly assessed by the expert community, and the event itself was vastly covered by the mass media and social media. During the conference, several reasonable comments were presented. For several weeks, proposals and comments continued to come to the address of the team of authors, the majority of which were taken into consideration in the process of finalization of these documents. In early August, draft Anti-Corruption Strategy and draft State Program for its implementation in 2019–2023 were submitted to the Office to the President of Ukraine. Soon, they will become the subject of further discussion and finalization by the National Council on Anti-Corruption Policy under the President of Ukraine. CPLR experts presented draft Anti-Corruption Strategy and draft State Program for its implementation in 2019–2023, and submitted the documents to the Office of the President of Ukraine. ANTIcorruption SUMMARY OF THE MONTH
  • 10. www.pravo.org.ua №20 NEWSLETTER training for lawyers, legal professionals, and civil society activists. The trainers were talking about the importance of constitutional complaint institutions, who can act as an initiating entity, and in which cases a constitutional complaint can be submitted.   New district division: Modeling methodology discussed in Kyiv New district division is more and more frequently discussed in Ukraine. On August 9 in Kyiv, a training seminar was held on modeling improvement of the administrative territorial organization at a district level in the regions of Ukraine. In addition to Zaporizhzhia and Dnipropetrovsk Oblasts, district division designs were developed with support from the Center of Policy and Legal Reform for Lviv, Ternopil, and Ivano-Frankivsk Oblasts. In the remaining nine oblasts of Ukraine round tables, at which Basic provisions of the draft law on administrative procedure were studied in Kyiv On July 17 in Kyiv, a training seminar on Administrative Procedure was held. The event was organized by the Center of Policy and Legal Reform. Participants of the event had a practical discussion of real-life situations that develop between citizens and state authorities or local self-government bodies, and offered an algorithm of actions in line with the genera administrative procedure. Lawyers and legal professionals in Kyiv learnt about details of prepara- tion of a constitutional complaint On August 7 in Kyiv, the CPLR experts Yulia Kyrychenko and Bohdan Bondarenko jointly with the UPLAN network delivered the Constitutional Complaint InJuly andAugust,experts of the Civic Network of Public Law andAdministration,UPLAN, continued to study the nuances of the administrative procedure, discussed election programs of majoritarian candidates, and the methodology of modeling the new district division of Ukraine. SUMMARY OF THE MONTH
  • 11. www.pravo.org.ua №20NEWSLETTER Follow the UPLAN Network News: On the web portal http://uplan.org.ua/ https://www.facebook.com/UkrainianPlan https://t.me/gidreforms https://twitter.com/_UPLAN_ experts will present their proposals of the new district (povit) division for discussion, will be held in September- December.   Relevant materials from the UPLAN Network Conscious Choice: Tasks for Civil Society (N. Holovata) Is Decentralization Real for Urban Neighborhoods? Polish Experience (Kh. Tybinka) Who Are They – Majoritarian Candidates in Kharkiv Re- gion (А. Shostak) Agenda for New Parliament: Opinion of the Regions (N. Holovata) Which Services Can Be Ordered in CPAS of Western Ukraine (Kh. Tybinka) Bodies of Self-Organization of Population: Where Re- sources Can Be Found (А. Krupnyk) Constitutional Compliant as National Means of Legal Protection: Legal Consequences (D.Terletskyi) How the First Regulatory Hub in Ukraine Works and What It Has Achieved (S. Bezushko). Report on the results of monitoring of court examination of cases, pre-trial investigation of which was completed by NABU detectives А. Marchuk, V. Valko The report presents the results of 1.5-year monitoring of the part of criminal proceed- ings, pre-trial investigation of which was carried out by the NABU detectives. ÃÏ ÃРОМАÄСãÏÍÎ ÏОНТРОЛã ЗВІТ ЗА РЕЗУЛЬТАТАМИ МОНІТОРИНГУ СУДОВОГО РОЗГЛЯДУ СПРАВ, ДОСУДОВЕ РОЗСЛІДУВАННЯ В ЯКИХ ЗАВЕРШЕНЕ ДЕТЕКТИВАМИ НАБУ ЗВІТ ПІДГОТУВАЛИ: ЮРИСТ-АНАЛІТИК СЕКРЕТАРІАТУ РАДИ ГРОМАДСЬКОГО КОНТРОЛЮ ВАЛЬКО В.І. ЕКСПЕРТ ЦЕНТРУ ПОЛІТИКО-ПРАВОВИХ РЕФОРМ МАРЧУК А.Я. БЕРЕЗЕНЬ 2018 — СЕРПЕНЬ 2019 р. PUBLICATIONS All publications in electronic format can be downloaded at the website of the Centre of Policy and Legal Refom: http://pravo.org.ua/ua/about/books/
  • 12. www.pravo.org.ua №20 NEWSLETTER Press-conference “Quality of administrative services in Ukraine: What has changed during the last five years?” (September 4, Kyiv) Conference “Judicial Governance in Eastern Partnership States” (September 13, Odesa) Training seminar “Administrative procedure: New rules of cooperation between authorities and citizens” (September 20, Lviv) Conference on the draft law on administrative fee (September 20, Kyiv) Press conference on activities of the Constitutional Court of Ukraine (TBC, Kyiv) Round table on activities of the Constitutional Court of Ukraine (September 30, Kyiv) e-mail: centre@pravo.org.ua phone: +38 044 278 03 17 +38 044 278 03 72 fax: +38 044 278 16 55 Kyiv, Ukraine, 4 Khreshchatyk St., of. 13 Postal code: 01001 www.facebook.com/pravo.org.ua/ www.pravo.org.ua ANNOUNCEMENTS