Law Enforcement Reform

Law Enforcement Reform

Arsen Avakov

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e-mail: policereforms.in.ua

  • Completed
  • In progress
  • Not started
Status
Meeting number
Meeting date
NRC resolutions
Execution deadline
Responsible
Outputs
13
19.10.2015
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5
16.04.2015
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5
16.04.2015
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2
17.02.2015
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2
17.02.2015
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Commitments
Execution deadline
Reference
Law Enforcement Reform.
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3.4
The goal of the state policy in this area is to adjust the tasks and functions of law enforcement agencies, to introduce new principles of performing the service, new criteria for evaluation of the work of law enforcement to improve the protection of human rights and freedoms and interests of society and the state from illegal encroachments.
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3.4
It is necessary to carry out functional and organizational transformations in the Ministry of Internal Affairs of Ukraine.
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3.4
The functions should be clearly distinguished between the policy design that should be carried out by the Ministry, and the policy implementation that should be a separate central executive body in the Ministry of Internal Affairs of Ukraine – the National Police.
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3.4
The political management and professional guidance in public law and order should be clearly delineated, as provided by the European Code of Police Ethics.
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3.4
It is necessary to ensure a transparent competitive selection of candidates for the positions, to create a new system of personnel certification of law enforcement agencies, to change approaches to staff training of these bodies that should ensure a change in their attitude to their duties towards their realization as for paid public servants to ensure as a first priority the security of every person, its personal and property rights, public and state interests.
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3.4
It is necessary to make the system of law enforcement as transparent and friendly as possible for the society.
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3.4
It is important in this area to conduct a thorough decentralization and to implement effective mechanisms of public control over law enforcement.
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3.4
The priority in the work of these bodies should be the principle of legality - a system of issuance and execution of orders must be such that the police officer was guided by law and would not execute clearly criminal orders.
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3.4
The priority in the management of public finances should be to improve the transparency and efficiency of their distribution and use. Public procurement process should be as transparent as possible and to consider the general principles of competition. Corruption component in the implementation of public procurement must be eliminated.
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3.5
Commitments
Execution deadline
Reference
Reforming the criminal justice system (concerning activity of law enforcement agencies).
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A.V.1
Create the institution of detectives to combine functions of investigators and field case officers.
31.03.2017
A.V.1.1
Separation of investigative activities beyond criminal proceedings (counter-intelligence of the State Security Service, intelligence units, State Guard Department, Administration of the State Border Guard Service, State Penitentiary Service) and within criminal proceedings – open and shadow investigative actions.
30.06.2015
A.V.1.2
Building of a new Ministry of Interior system.
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A.V.2
The Ministry of Interior (a civil body that formulates policy in the following areas: counteracting crime and ensuring public order; comprehensive state border management; combating illegal migration; civil defence; fire safety and emergency response) will be ensured institutional capacity to enable policy-making in these areas by setting up line departments.
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A.V.2.1
Create the National Police (central executive authority that implements policy in the area of counteracting crime and ensuring public order) with the following structure: public safety police (a single patrol force and district inspectors’ force), criminal police (investigative authorities), units of special police taskforce (unified rapid deployment force, the exhaustive list of functions is established by the law), judicial police.
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A.V.2.2
2.2.1. The functional structure of the police will be improved to separate competencies, remove duplication of powers, and define functions and optimal size of manpower of the National Police: a) liquidate transport police units transferring their function to local units of the National Police; b) liquidate special units in charge of combating organized crime transferring their function to units of the State Investigation Bureau; c) liquidate veterinary police that duplicates functions of veterinary and phytosanitary agencies; d) liquidate the State Traffic Police transferring its road safety function to a single patrol service; e). review the status of juvenile police according to the internal law requirements and democratic standards; f) liquidate the State Guard Service of the Ministry of Interior.
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A.V.2.2.1
A new attestation system for police officers shall be created based on international best practices. Carry out full re-attestation of police officers under new criteria, renew manning of the police. A transparent system shall be ensured for competitive recruitment for executive positions (to the level of personnel) in the system of law enforcement agencies. Clear grounds and procedure shall be provided for dismissal of officers from executive positions in law enforcement agencies.
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A.V.2.2.2
Transition shall be made to a new three-tier system of police officer training: a) several months of core training for manning of initial positions (setting up four police officer schools to provide initial training, approving curricula designed on the basis of practices adopted in USA, Georgia and other developed countries); b) specialized training for manning of middle management and command positions and specialized criminal police positions entrance to which is open after Bachelor’s level tertiary education (reducing the number of departmental higher education institutions and setting up a single Police Academy for these needs); c) education at Master’s level at the Police Academy for high-level positions.
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A.V.2.2.3
A mechanism will be implemented for transparent competitive selection of candidates to be appointed as police officers at all levels (excluding the lowest-level positions manned by candidates who have successfully completed core initial training for service in the police).
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A.V.2.2.4
Identification badges shall be introduced for all police officers as well as rules regulating wearing badges on uniform to enable quick identification of individual police officers.
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A.V.2.2.5
An automated system will be set up for registration of detained persons, and special terminals will be organized to provide public access to this system in order to enable relatives or other interested parties to promptly locate a detained person via such terminal.
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A.V.2.2.6
The State Border Guard Service (central executive authority within the Ministry of Interior system that implements the state policy for comprehensive boarder management).
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A.V.2.3
The State Migration Service (central executive authority within the Ministry of Interior system that implements policy in the area of combating illegal migration). The state policy for citizenship and internal migration is within the authority of the State Registration Service of the Ministry of Justice.
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A.V.2.4
The State Emergence Service (central executive authority within the Ministry of Interior system that implements policy in the area of civil defence, fire safety and protection from emergency situations).
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A.V.2.5
The National Guard is a military formation in the Ministry of Interior system with the law enforcement function. New defence planning documents shall be adopted with due regard to present-day wartime challenges and threats to the national interests as well as combat experience gained during the Anti-Terrorist Operation (Development Programme for the Armed Forces, Development Programme for Armaments and Military Hardware).
31.03.2015
A.V.2.6
In a longer-term perspective, the State Border Guard Service and the State Migration Service will be reformed to merge into a single body – the State Migration Control and Boarder Security Service.
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A.V.2.7
Setting up of the State Investigation Bureau.
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A.V.3
The State Investigation Bureau shall be established (agency that implements anti-corruption policy (excluding issues falling within the competency of the National Anti-Corruption Office) in charge of counteracting organized crime and entitled to conduct prejudicial inquiry of offence committed in this area and in cases of extremely grievous offences and offences committed by law enforcement officers. Investigative functions of the prosecutor’s office and partially of the Security Service of Ukraine shall be transferred to the State Investigation Bureau.
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A.V.3.1
A procedure shall be established to appoint head of the State Investigation Bureau, similar to the procedure for appointing head of the National Anti-Corruption Office.
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A.V.3.2
Setting up of the Municipal Police.
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A.V.4
The law shall be adopted on the municipal police to enable local self-governments to using local budget funds to establish their own law enforcement units. Relevant functions shall be transferred from the national police to municipal police units in order to avoid duplication of powers.
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A.V.4.1
Setting up of the Military Police.
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A.V.5
The military police shall be established on the basis of Military Law and Order Service within the Armed Forces, with priority areas defined as prevention, detection and disclosure of criminal offence and the right to conduct prejudicial inquiry under the martial law – all criminal offences committed by military servicemen and all offences committed by military servicemen in the combat zone.
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A.V.5.1
The military police shall have the status of military formation with law enforcement functions and be subordinated to the Chief of Defence of the Armed Forces of Ukraine.
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A.V.5.2
Commitments
Execution deadline
Reference
The new law enforcement system.
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3
Reforming the Interior Ministry.
31.12.2015
3
To implement the principle “to serve and protect” instead of “to punish and to cover”.
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3
New legislation on national police.
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3
To establish National Investigation Bureau.
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3
Commitments
Execution deadline
Reference
Commitments
Execution deadline
Reference
Developing and conducting civilian security sector reform based on the rule of law, democratic governance, accountability and respect for human rights, with the assistance of and in full interaction with the EU Advisory Mission to Ukraine (EUAM), inter alia by developing an accessible, accountable, efficient, transparent and professional police force, introducing a rights-based approach to policing, the use of intelligence-led policing, and fighting crime, including cybercrime.
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ІІІ.2.1.ii
Strengthen international operational police cooperation, including by setting up joint bi- or multilateral teams for (inter alia) investigations, and strengthen cross-border cooperation by carrying out joint operations.
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ІІІ.3.5.i

Arsen Avakov

Team structure