Chapter 12

Improving Coordination and Financial Support of Justice Sector. Ensuring Information Systems

Strategic planning, sector reform coordination, analysis and research capacities of the justice sector stakeholders are the basis for reform implementation. The Strategy foresees the steps for gap analysis, impact assessment and EU law approximation mechanisms, and for overpassing lack of interoperability and integration of various information systems in the justice sector and among law enforcement agencies. Reform coordination at the strategic level is required for more effective interaction among public authorities, CSOs and civil society.

Development of reform coordination mechanism at institutional and regional levels is the basis for strategic planning of operational capacities of the judiciary, PPO, Bar, Notary, Legal Aid providers and other related institutions.

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 12.1

Improved Policy Development and Coordination through Enhanced Strategic Planning and Regulatory Development Capacities of Justice Institutions
12.1.1 Development of central level of justice sector reform coordination mechanism1. Council for Judicial Reform fully operational, involved in approval of all justice-sector related policy initiativesCJR, MOJ, WGs / Decisions, reports, trainings- CJR acting as part of justice sector reform coordination mechanism at central policy-setting level (top-down coordination)

- WGs, MOJ working as part of justice sector reform coordination mechanism at central operational level

- Dedicated strategic planning capacities (Standing committees, units, staff) of independent justice sector institutions (judiciary,
prosecution, Bar, bailiffs) working as justice sector reform coordination mechanism at local/institutional level (bottom-up coordination)

- Regular liaison and interaction between policy-setting/operational and central/local levels of justice sector reform coordination
mechanism

- Binding obligations of each justice sector institution to submit annual reports evaluating their performance and setting targets for
improvement for next year

- Use of statistics and evidence-based approach in all policy and regulatory initiatives

- Complex quantitative and qualitative M&E methodologies applied in design and review of implementation of all policies relating to
justice sector

- Role of MOJ as justice sector budget ‘integrator’ and main strategic planning body for all relevant components of justice sector

- Regular engagement of experts specialised in financial planning to support strategic planners, research and analysis staff at MOJ,

- Periodic implementation reports, specifying individual stakeholder and sector-wide responsibilities, milestones and performance
indicators, and specific timeframe for their achievement, adjusted and rolled forward to take account of performance experience, in
sufficient time (by mid-calendar year) for any changes to be reflected in institutional budgets

- Internal and external monitoring and evaluation (M&E) mechanisms and review reports attest satisfactory degree of implementation of
each dedicated chapter of JSRS, and of relevant institutional strategic development plans (SDPs),

- Gradual annual reduction in number and increase in length and extent of preparatory steps in legislative development, reducing
‘legislative inflation’ for justice sector

- Medium-and long-term perspective of all regulatory initiatives for justice sector, attested by connection between new regulatory
proposals and underlying institutional or sector-wide strategies, acting as prerequisite policy umbrella for all new legislation

- Strengthened analytical and research capabilities to contribute to practice guides on problematic aspects in interpreting certain pieces
of legislation in justice sector, in order to strike a balance between regulation by statute and secondary legislation;

- Impact assessment and gap analysis methodologies used regularly in all policy development and regulatory initiatives; Acknowledgement and
awareness of regulatory and budgetary impact of all intended regulatory initiatives

- Increased partnerships between MOJ/other justice sector institutions and CSOs, universities (HEIs) in developing strategic documents for
justice sector reform, legislative initiatives, research and analysis of the jurisprudence, practice guides on various legal issues, and
joint oversight in implementation of all sector-related policies

-Increased interoperability and developed IS coordination mechanisms

- PPP agreements with external providers signed to ensure provision of information services

2. Working groups (WGs) set up under CJR fully operational, involved in design, monitoring and evaluation (M&E) of all justice-sector related policy initiatives
3. Dedicated staff assigned at MOJ to deal with strategic planning and regulatory development issuesMOJ / Decisions, contracts, job descriptions, placement plans, trainings
4. Agreements for cooperative relationships between MOJ and higher educational institutions (HEIs) foreseeing initiatives facilitating
research into law and practice in order to develop new policy initiatives
MOJ, HEIs / MOUs, decisions, reports
5. Research and analysis papers produced regularly, identifying gaps between existing legislation (or international standards and rules and practice) and practice, and making recommendations for improvements by way of new/amended legislation or improvements in practiceMOJ, HEIs / Publications, reports
6. Practice guides and training modules on strategic planning and regulatory development, as well as on substance of all major
justice-sector related reform initiatives, developed, disseminated and updated regularly
MOJ / Decisions, trainings, publications
7. Periodic review of JSRS on basis of implementation reportsCJR, MOJ / Decisions, reports
8. Sector expenditure plans (SEPs) with non-financial performance indicators, tied to institutional SDPs, sub-sector (probation,
penitentiary etc.) and sector-wide strategies and action plans
MOJ / Decisions, reports
9. Annual Reports developed and disseminatedMOJ / Decisions, reports
12.1.2 Development of local/institutional level of justice sector reform coordination mechanism1. Standing Committees on Strategic Planning and Regulatory Development fully operational within each of independent justice sector
institution (judiciary, prosecution, Bar, bailiffs, notaries)
CJ, SC, HSCs, HCJ, SGS/PG, NBC / Decisions, reports
2. Dedicated staff assigned at each justice governance body to deal with strategic planning and regulatory development issuesCJ, SGS/PG, NBC / Decisions, contracts, job descriptions, placement plans, trainings
3. Agreements for cooperative relationships between independent justice sector institutions and higher educational institutions (HEIs)
foreseeing initiatives facilitating research into law and practice in order to develop new policy initiatives
NSJ, CJ, SGS/PG, NBC HEIs / MOUs, decisions, reports
4. Research and analysis papers produced regularly, identifying gaps between existing legislation and practice, and making recommendations for improvementsNSJ, CJ, SC, HSCs, SGS/PG, NBC HEIs / Publications, reports
5. Practice guides and training modules on strategic planning and regulatory development, as well as on substance of all major
justice-sector related reform initiatives, developed, disseminated and updated regularly
NSJ, CJ, SGS/PG, NBC / Decisions, trainings, publications
6. Periodic review of institutional SDPs, action plans and other policiesNSJ, CJ, SGS/PG, NBC / Decisions, reports
7. Annual Reports of each of independent justice sector institution developed and disseminatedCJ, SGS/PG, NBC / Decisions, reports
Area of Intervention 12.2
Increased European and International Justice Cooperation
12.2.1 Development of European and international justice cooperation mechanisms1. Dedicated staff assigned at justice sector stakeholders to deal with approximation of relevant regulatory framework to EU law and
comparative European standards.
MOJ, SPS, PPO, / Decisions, statutes and rules amended contracts, job descriptions, placement plans, trainings- Increased partnerships between MOJ/other justice sector institutions and CSOs, universities (HEIs) in bringing national law and practice
in line with EU Association Agreement and Acquis- Improved capacities in managing mutual legal assistance requests in criminal, civil and administrative matters in line with EU
agreements, COE and justice-sector related Conventions by way of existence of dedicated personnel, rules and methodologies

- Strengthened coordination and cooperation with EU and its Member States in justice sector, helping Government to meet relevant EU
Association Agreement and Acquis obligations in substantive public (administrative), private and criminal law, with particular emphasis on
protection of privacy/access to information, property rights, company law, fight against organised crime and corruption

2. Contact point at European Judicial Network operationalMOJ / Decisions, MOUs, agreements, reports
3. Cooperation agreement and annual action plan with Eurojust in place, its implementation monitored regularlyMOJ, PPO / Decisions, MOUs, agreements, reports
4. Regular initiation, signature and review of bilateral cooperation agreements with EU MS in sphere of justiceMOJ, PPO / Decisions, MOUs, agreements, reports
Area of Intervention 12.3
Improved e-Justice through Coordinated Management of Information Systems and Greater Interoperability
12.3.1 Improvement in management and interoperability of information systems by Courts, PPO, MOJ, Penitentiary, and other justice sector bodies1. Courts, PPO, MOJ, CCLAP, Penitentiary, Probation Service Automation Plans annotated, implemented and reviewed regularlyCJ, HCJ, SJA, MOJ, CCLA, PPO, SPS, CEIS / Decisions, reports- Hardware infrastructure, including active and passive network equipment, developed with special emphasis on internal and external
pooling, surveying and measuring user satisfaction, time and project management, more efficient use of resources, cloud computing concept- Core and auxiliary software solutions developed based on cloud computing concept, big data analytics, search engine optimisation,
centralised and local registers, nomenclatures, centrally managed/hosted and locally edited websites, internal and external intranet suites

- Coordination role of MOJ in provision of all justice sector information services

- Most information services outsourced to third-party providers on SLAs basis

- Interoperable IS within State bodies (governance bodies / units / staff), between State/non-State actors in justice sector, and between
Ukrainian and international counterparts, based on EU Interoperability Framework standards and PDP requirements

- Full electronic case management systems at all State justice bodies,

- User-friendly websites of State and private actors in justice sector, allowing provision of services based on user perspective

- Practical and effective use of IS by justice sector actors to advance independence, accountability, competence and efficiency

- Automated or on-line systems for measuring user satisfaction

- Ensured the possibility of remote use of information systems.

- Introduced “e-Justice” tools that allows users to go to court, pay a court fee, to participate in proceedings, to receive the necessary
information and documents electronically.

2. Service-level agreements (SLAs) signed and implementedCJ, HCJ, SJA, MOJ, PPO, SPS, CEIS / Decisions, MOUs, reports
3. Call centres and help desks fully operational at central and regional levelsCJ, HCJ, SJA, MOJ, PPO, SPS, CEIS / Decisions, hardware and software in place, trainings, manuals, review reports
4. Courts, PPO, MOJ, CCLAP, Penitentiary, Probation management information systems (MIS) for centralised control all governance and
management matters (including dedicated software for human resources and electronic profiling of staff) fully operational. Internal
judiciary (governance bodies / units / staff) electronic communication channels in place and used effectively
CJ, HCJ, SJA, MOJ, PPO, SPS, CEIS / Decisions, hardware and software in place, trainings, manuals, review reports
5. Electronic communication channels between State and non-State actors in justice sector in place and used effectivelyCJ, HCJ, SJA, MOJ, PPO, SPS, CEIS / Decisions, hardware and software in place, trainings, manuals, review reports
6. Courts, PPO, MOJ, Penitentiary, Probation electronic case management systems fully operationalCJ, HCJ, SJA, NBC, Chambers of Bailiffs , MOJ, PPO, SPS, CEIS / Decisions, hardware and software in place, trainings, manuals, review
reports
7. Book of standards for procurement of ICT products and services developedCJ, HCJ, SJA, MOJ, PPO, SPS, CEIS, / Decisions, review reports

Impact Indicators for Chapters 12

  1. Satisfactory level of implementation of JSRS Action Plan noted by internal and external (CSO, international stakeholders) observers (baseline: 2015).
  2. 5 % annual increase in number of satisfied mutual legal assistance requests to Ukraine from other countries and international organisations (baseline: 2015; targets to be split by type of process, country, organisation (Europol, Interpol, Eurojust etc.).
  3. 5 % annual increase in number of satisfied mutual legal assistance requests from Ukraine to other countries and international organisations (baseline: 2015; targets to be split by type of process, country, organisation (Europol, Interpol, Eurojust etc.).
  4. Ukraine’s standing improves in various relevant international indices relating to quality of regulatory framework, 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).
  5. Acknowledgement of Ukraine’s progress in implementation of EU law noted in EU reports and various policy dialogue documents, such as the Association Agreement and Visa Liberalisation Action Plan implementation reports (baseline: 2015).