Looking Into the Future: Procuracy Reform. Nazar Fedorchuk Legal Specialist, US Department of Justice OPDAT Criminal Justice Reform Program. Criminal Justice Reform. Stages: (!) Legislation and Procedures new Criminal Procedure Code - PowerPoint PPT Presentation
Justice Reforms: How Close to International Standards?
Looking Into the Future: Procuracy ReformNazar FedorchukLegal Specialist, US Department of Justice OPDATCriminal Justice Reform Program
Criminal Justice ReformStages:(!) Legislation and Procedures new Criminal Procedure Code(!!) Institutions Law on Procuracy, Law on Free Legal Aid, Law on Bar and other(!!!) Trainings(!!!!) FundingCurrent ChallengesDisincentives management problemsNo adversarialityHigh conviction rates in Ukraine 99,94%pressure to wrong outcomes convicting innocenttoo much caution no risksHigh detention rates (Lower since 2013)European Court of Human RightsPractical problemslow hanging fruit investigationsExtensive bureaucracy as everywhere else
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]
Modernized Criminal Justice System for Ukraine:Protection of human rightsPossibilities for defending accused significantly broadenedNew procedure protects victims betterNew standards, aimed to minimize use of pre-trial detention. Wider use of financial bailAdversarialityMore procedural rights to defenseReform of Investigation Improving Effectiveness of Investigation New Tools to Combat Corruption and Organized CrimeLess bureaucracy where the court plays an adequate roleMilitia Statistics45,7% 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 US790,000 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 budgetThe average monthly salary of a police officer is $300-350. Starting salary could be $220. This makes impossible to recruit young talented individualsAccording 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 MoskalMinister Mohilyov plans to cut the police force by 1/3 [Analysis done by Correspondent magazine, 2011]
SolutionsFor Criminal Procedure:Strengthening protection of human rightsReform of Investigation AdversarialityLess bureaucracyFor 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
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