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Looking Into the Future: Procuracy Reform

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

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Looking Into the Future: Procuracy Reform

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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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