Читати українською
Strategy Action plan
Action plan
Chapter 10
Action plan for
Chapter 10

Increasing Effectiveness of Justice Sector in Fight Against Organised Crime and Corruption

While sound and comprehensive policies for combatting corruption have already been designed by way of the recent Anti-Corruption Strategy, an additional emphasis has been made in the JSRS Action Plan to make a sensible contribution of the justice sector in the anti-corruption efforts. In particular, internal mechanisms will be developed for increasing accountability and dealing with corruption within the judiciary and prosecution, as part of the institutional development of these two key sector stakeholders. In addition, this separate Sub-Chapter will foresee concrete steps to be made by the prosecution, judiciary and other sector stakeholders in effectively detecting and preventing corruption. Attention will be paid to the development of institutional capacities of prosecutors to effectively lead investigations in corruption and organised crime cases. Furthermore, greater application of research, analysis and risk management to guide crime detection and prevention policies will be promoted, coupled with greater factual control of the executive investigation services by the prosecution and enhanced inter-agency cooperation in detection and prevention of crime at the domestic and international levels. Moreover, substantive and procedural legal framework will have to be improved to bring Ukraine closer to EU Acquis in criminal justice, most notably the legislation in the field of combatting organised crime. Common standards in substantive and procedural criminal law would also facilitate judicial cooperation in criminal matters, facilitating building of closer cooperation with Eurojust, other EU agencies and Member States.

Shortcuts
  • ADR
    Alternative dispute resolution
  • AP
    Action Plan
  • APU/PAU
    Presidential Administration of Ukraine
  • ASSETBTC
    Bar Training Centre
  • CB
    Chamber of Bailiffs
  • CC
    Constitutional Court
  • ВНЗ
    Вищі навчальні заклади
  • CCBE
    Council of Bars and Law Societies of Europe
  • CCLAP
    Coordination Centre for Legal Aid Provision
  • CEIS
    Criminal Executive Inspection
  • CEPEJ
    European Commission for the Efficiency of Justice
  • CJ/CoJ
    Council of Judges of Ukraine
  • CJR/JRS
    Council for Justice Reform (or Justice Reform Council)
  • CoE CM
    CoE Committee of Ministers
  • CoE/CoE
    Council of Europe
  • CP
    Council of Prosecutors
  • CPE
    Performance Evaluation Framework
  • CSO
    Civil society organizations
  • DCMIS
    Detainee case management system
  • DFATD
    Department of Foreign Affairs, Trade and Development, Canada
  • DG Just
    Directorate-General for Justice and Consumers of the European Commision
  • DOJ
    United States Department of Justice
  • EaP
    The Eastern Partnership
  • ECHR
    European Convention on Human Rights
  • ECJ
    European Court of Justice
  • ECtHR
    European Court of Human Rights
  • EPP
    Evaluation of Prosecutors’ Performance
  • EU MS
    EU Member State(s)
  • EU
    European Union
  • EUAM
    European Union Advisory Mission for Civilian Security Sector Reform Ukraine
  • FLA
    Free Legal Aid
  • FoI
    Freedom of information
  • GDP
    Gross domestic product
  • GOU/GoU
    Government of Ukraine
  • HAC
    Higher Administrative Court
  • HCCH
    Hague Conference on private international law
  • HCJ
    High Council of Justice of Ukraine
  • HEI
    High educational institutions
  • PCF
    CoE/EU Eastern Partnership Programmatic Co-operation Framework
  • PDP
    Personal data protection
  • PEE
    Performance effectiveness evaluation
  • PEO
    Private enforcement officer
  • PFM
    Public financial management
  • PG
    Prosecutor General
  • PMF
    Performance Management Framework
  • PPO
    Public Prosecutor’s Office
  • PPP
    Public-private partnership
  • PR
    Public Relations
  • QALA
    Quality and Accessible Legal Aid Ukraine Project
  • RBC
    Regional Bar Council
  • RPO
    Regional Prosecutor’s Office
  • PQDCs
    Regional Qualification and Disciplinary Commission
  • SC
    Supreme Court
  • SDP
    Strategic development plans
  • SEP
    Sector expenditure plan
  • HELP
    European Programme on Human Rights Education for Legal Professionals
  • HQC
    High Qualification Commission
  • HQDC
    Higher Qualification and Disciplinary Commission
  • HR
    Human Resources
  • HRTF
    Human Rights Trust Fund
  • HSC
    Higher Specialised Court
  • IMF
    International Monetary Fund
  • IMS
    Information management system
  • IOP
    Interoperability
  • INL
    US Department of State Bureau for International Narcotics and Law Enforcement Affairs
  • IRZ
    German Foundation for International Legal Cooperation
  • IS
    Information system
  • ISD
    Internal Security Department
  • JC
    see CJ
  • JIT
    Joint investigative team
  • JSRS
    Justice Sector Reform Strategy
  • LPO
    Local Prosecutor’s Office
  • LPP
    Legal Professional Privilege
  • M&E;
    Monitoring and evaluation
  • MIS
    Management information system
  • MOE
    Ministry of Education of Ukraine
  • MOF
    Ministry of Finance of Ukraine
  • MOH
    Ministry of Health of Ukraine
  • MoI/MoIA
    Ministry of Internal Affairs of Ukraine
  • MOJ/MoJ
    Ministry of Justice of Ukraine
  • MOR
    Ministry of Regional Development, Construction, and Communal Living of Ukraine
  • MOU
    Memorandum of Understanding
  • MSP
    Ministry of Social Policy of Ukraine
  • MTBF
    Medium-term budgetary framework
  • NACB
    National Anti-Corruption Bureau of Ukraine
  • NALS
    National Academy of Legal Science of Ukraine
  • NAPU
    National Academy of Prosecutors of Ukraine
  • NBC
    National Bar Council
  • NCP
    National Conference of Prosecutors
  • NPM
    National Preventive Mechanism
  • NSJ
    National School of Judges
  • OSCE
    Organization for Security and Co-operation in Europe
  • SGS
    Self-governance system
  • SGUA
    Support Group for Ukraine
  • SIT
    Special investigative techniques
  • SJA
    State Judicial Administration of Ukraine
  • SJGB
    Single Judiciary Governance Body
  • SLA
    Service-level agreements
  • SOP
    Standard operating procedures
  • SPS
    State Penitentiary Service of Ukraine
  • SSU
    Security Service of Ukraine
  • TC
    Training Centre
  • THB
    Trafficking in human beings
  • TOT
    Training of trainers
  • UNBA
    Ukrainian National Bar Association
  • USAID
    United States Agency for International Development
  • USAID FAIR
    The FAIR Justice Project of USAID
  • VET
    Vocational educational training
  • WG
    Working Group
ActionImplementation DeadlinePerformance Criteria
End of 2016End of 2018End of 2020Measures/OutputsResponsible Body / MeansOutcomes
Area of Intervention 10.1
Increased Efficiency by Streamlined Competences in Criminal Investigation
10.1.1 Streamlining of duties and powers of each body involved in criminal investigation1. Reviewed regulatory framework on bodies involved in criminal investigationPPO, MOJ, Parliament / Decisions, statutes and rules amended- Practical and effective procedural and disciplinary oversight by PPO over police officers conducting criminal investigations

- Clear delineation of mandates of each investigative body dealing with various types of crime, including PPO, MOI, IRS, NACB and other
relevant bodies

Area of Intervention 10.2
Enhanced Capacities in Fighting Organised Crime
10.2.1 Promoting greater specialisation, application of research, analysis and risk management to guide crime detection and prevention1. Specialised units fully operational, tasked with fighting cybercrime, trafficking in human beings (THB), money laundering, illicit drugs and arms dealing, terrorism, other major organised crime categoriesPPO / Decisions, contracts, job descriptions, placement plans, trainings, SOPs, manuals, forensic and other technical equipment, hardware and software procured- Specialised capacities of justice agencies to deal with organised crime

- Core EU legislation in fighting organised crime and implemented in Ukrainian law, including directives and framework decisions on
confiscation, money laundering, THB, and cybercrime

- Research and analysis units at PPO producing risk assessment reports, defining risks and threats and providing guidance for activities of
specialised units dealing with each major category of organised crime

- Risk assessment reports updated and exchanged regularly between authorised domestic and European and international counterparts, serving
as feedback to constantly update SOPs

- Constant feedback and flow of information between research and analysis units and specialised units fighting organised crime

- Risk management serves as key guidance for intelligence operations and application of special investigative techniques (SITs)

- Specialised methodological and forensic capabilities for fighting each major category of organised crime, including cybercrime, THB,
money laundering, illicit drugs and arms dealing, terrorism

2. Implementation of EU Acquis in fighting organised crimePPO, Parliament, MOJ / Decisions, statutes and rules amended, directives transposed
3. Standard operating procedures (SOPs) developed and reviewed regularly for each major organised crime category, including provisions for undercover operations, effective joint investigative teams (JITs), and procedures for resolving jurisdictional issuesPPO / Decisions, reports,SOPs
4. Risk assessment reports developed and produced regularly, recommending improvements in fighting each major organised crime category.
SOPs updated regularly by reference to risk assessment		PPO / Publications, reports, SOPs
5. Practice guides and training modules on investigating each major organised crime category developed, disseminated online, and updated
regularly		NAPU, PPO / Decisions, trainings, publications
10.2.2 Enhancing domestic and international cooperation in criminal investigation1. International cooperation networks involving Eurojust and other important European and international counterparts in placePPO / Decisions, MOUs, cooperation plans, review reports- Cooperation and constant flow of data between national and international counterparts (Eurojust, EU MS investigative bodies etc.)
regarding crime detection and prevention- ‘Task force’ approach, joint investigative teams and other modalities of enhanced domestic and international inter-agency cooperation
applied regularly

- Increased mutual recognition of forensic reports, expert opinions, administrative decisions, extradition requests, in context of
international cooperation in criminal matters

2. Electronic communication channels between justice sector and other bodies, and international counterparts in fighting organised crime, in place and used effectivelyPPO, law enforcement agencies / Decisions, MOUs, hardware and software in place, trainings, manuals, review reports
10.2.3 Development of mechanisms and procedures to recover proceeds of crime1. Reviewed regulatory framework on confiscation of proceeds of crimePPO, MOJ, Parliament / Decisions, statutes and rules amended- Criminal law providing for confiscation, non-conviction based confiscation, third party confiscation, freezing of assets in line with new
EU legislation etc.- Formalisation of standards of proof with regard to different confiscation procedures, with particular emphasis on clear and foreseeable
regulation of reverse onus

- Signature, ratification, and application of mutual legal assistance instruments and international communication channels involving
Ukraine, EU, and other international counterparts, in order to implement confiscation, asset freeze, and other orders with regard to
proceeds of crime

2. Asset recovery agency fully operationalMOJ, Parliament, PPO / Decisions, statutes and rules amended
Area of Intervention 10.3
Increased Checks and Balances Provided by Justice Sector to Counteract Abuse in Criminal Investigations
10.3.1 Development of internal and external oversight mechanisms1. Reviewed regulatory framework on case assignment and managementPPO, MOJ, Parliament / Decisions, statutes and rules amended- Clear, foreseeable, and applicable rules for case assignment and management systems at PPO and criminal investigation services, providing
safeguards for functional independence of prosecutors and investigators- Clear, foreseeable and applicable rules on use of weapons and SITs

- Mixture of consultative and coercive approaches in performance management systems

- Risk management effectively used as performance management tool

- Involvement of whole chain of command in internal control mechanisms

2. Reviewed regulatory framework on the use of lethal and non-lethal weaponsPPO, MOJ, Parliament / Decisions, statutes and rules amended
3. Reviewed regulatory framework of oversight system of use of special investigative techniques (SITs) by PPO or courts, extending (not
only) to authorisation but also conduct of intelligence and undercover operations		PPO, MOJ, Parliament / Decisions, statutes and rules amended
4. Risk assessment reports produced regularly, recommending improvements in management at each branch of law enforcement systemPPO / Decisions, reports
Area of Intervention 10.4
Increased Effectiveness in Combatting Corruption by Dedicated Capacities of Justice Sector
10.4.1 Development of capacities of prosecution and judiciary to deal with corruption cases, including ‘elite’ corruption1. Specialised units at PPO for investigating corruption, especially ‘elite’ corruption, fully operationalPPO, NABU / Decisions, contracts, job descriptions, placement plans, trainings, practice guides, manuals, forensic and other technical equipment, hardware and software procured- Enhanced degree of protection from undue pressure in law and practice for prosecutors and judges dealing with corruption cases;

- Interoperable IS between PPO, judiciary and law enforcement bodies dealing with corruption cases

- Information on successful and unsuccessful prosecutions of corruption available online;

- Research and analysis units at PPO and courts regularly suggest improvements in regulatory framework and practice in order mend gaps
established in analysing unsuccessful attempts to prosecute corruption in selected types of wrong-doings

2. Specialised sections of judges for dealing with corruption cases, especially ‘elite’ corruption, fully operationalSJGB, NABU, CJ, SC, HCSs, Courts of Appeal, District Courts, SJA / Decisions, contracts, job descriptions, placement plans, trainings, practice guides, manuals
3. Reviewed regulatory framework on protection of prosecutors and judges from undue pressure when dealing with corruption casesPPO, CJ, NABU, MOJ, Parliament / Decisions, statutes and rules amended
4. Practice guides and training modules for prosecutor and judges dealing with corruption cases developed, disseminated and updated
regularly		PPO, NABU, Training Centres and Academies / Decisions, trainings, publications
5. Statistics on prosecutions and trails of corruption cases published and analysed in Annual Activity Reports of PPO and judiciaryPPO, NABU / Reports

Impact Indicators for Chapters 8-11

  1. User satisfaction surveys (conducted as part of PPO performance management system, or by external observers) attest increased trust of society in PPO in particular, and/or criminal justice system in general (baseline: 2015; suggested 2016 target - increase by 5%; 2018 target - increase by 15%; 2020 target - increase by 25%).
  2. Criminal trial monitoring surveys conducted by external observers attest improvement of affairs in fairness of proceedings (baseline: 2015).
  3. 10 % annual decrease in number of structural violations found by ECHR with regard to criminal proceedings (baseline: relevant ECHR judgments pronounced in 2015; only pilot judgments or repetitive cases taken into account).
  4. 5 % annual decrease in number of cases at ECHR establishing divergences in practice of Ukrainian courts in applying national legislation, or establishing breaches of independence or impartiality of tribunal, or fairness of proceedings or defence rights, or ‘reasonable time’ requirement in criminal process (baseline: relevant ECHR judgments pronounced in 2015).
  5. Improved implementation of general measures in view of any ECHR judgment regarding Ukraine in criminal proceedings (baseline: number of pending cases before COE CM where general measures are indicated at end of 2015; suggested 2018 target - total decrease by 15%, decrease of enhanced supervision cases by 25%; 2020 target - total decrease by 25%, decrease of enhanced supervision cases by 35%).
  6. 20 % annual decrease in findings by COE CM on failure to enforce individual measures in any ECHR judgment regarding Ukraine in criminal proceedings (baseline: 2015).
  7. 5 % annual increase in use of home arrest, electronic surveillance and other forms of alternative bail as proportion of cases of detention on remand (baseline: same point in time one year ago for which annual statistics available).
  8. 5 % annual decrease in overall length of criminal proceedings (from moment of ’charge’ to ‘final decision’) (baseline: 2014; from average length previous year).
  9. 5 % annual decrease in overall length of criminal proceedings (from moment of ’charge’ to ‘final decision’) (baseline: 2014; from average length previous year).
  10. Pre-trial reports developed (baseline: proportion of relevant cases at material time; suggested 2016 target – 20% of cases, 2018 target – 30%; 2020 target – 40%).
  11. Work provided to at least 50 % of all prisoners (baseline: proportion at material time; targets to be split per type of penitentiary establishment and category/profile of prisoner (i.e. juveniles, women etc.).
  12. At least 20 % of offenders engaged in vocational-educational training (VET) or other education and rehabilitation programmes (baseline: proportion at material time; targets to be split per type of penitentiary establishment and category/profile of prisoner).
  13. 5% annual decrease in re-offending rates of offenders under probation (baseline: proportion at material time; targets to be split per type of penitentiary establishment and category/profile of offender (i.e. juveniles, women etc.).
  14. Ukraine’s standing in various relevant international indices relating to performance of criminal justice system improves, including Governance Indicators and Rule of Law Index (World Bank Institute), WEF Global Competitiveness Report, rankings by Freedom House, World Justice Project (Rule of Law Index), Transparency International (CPI etc.), Bertelsmann Stiftung Transformation Index (BTI), WB Doing Business Index (baseline: 2015).