Looking Into the Future: Procuracy Reform

Nazar 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 (!!!!) Funding

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…

YELLOW

- NUMBE

R OF CONVICTED INDIVIDUALS GREEN - NUM

BER OF INDIVIDUALS Y COURTS ON NON-REHABILITATIVE GROUNDS RED - NUM

BER OF INDIVIDUALS ACQUITTED

Click icon to add picture[Prosecutor General of Ukraine Speech, September 7, 2009]

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

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]

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

Індекс сприйняття корупції за даними Transparency International