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Rule of Law Initiative Programs - Ukraine

Anti-Corruption

Anti-Corruption Coordination Initiative (ACCI)

Regional Anti-Corruption Advisor (RACA) training. Prague, Decemebr 2006.

Combating corruption is a key priority for virtually all major donors and implementing partners working in Ukraine. With a significant number of international donors, government agencies, national and international organizations working in the area of anti-corruption, it is frequently difficult to know what is being done, by whom and where without the risk of duplication of efforts and wasting valuable financial and human resources. As such, the ABA Rule of Law Initiative in Ukraine has established a monthly forum for representatives of the donor community, governmental agencies and civil society organizations who work in the area of anti-corruption to discuss programming, identify needs, form partnerships and coordinate their respective work in this area. A network of organizations and agencies which have joined this Anti-Corruption Coordination Initiative (ACCI) has been created to facilitate the sharing of information on corruption-related news, legislative developments, and a calendar of anti-corruption events. In addition, an Anti-Corruption Resource Center (an electronic database of anti-corruption information and resources) has been developed and will be regularly updated.

The ABA Rule of Law Initiative office serves as a secretariat to help with the organization and administration of this initiative. The services provided as part of this initiative include, among others, the following:

Monthly coordination meetings of donors;
Bi-monthly meetings with extended participation by government and civil society representatives – the format of such meetings to include a profile of one agency working in the area of anti-corruption, along with a featured topic of interest to all ACCI members;
Weekly news updates in the area of anti-corruption and corruption news stories;
Monthly briefing memos on legislative, legal, political and organizational developments in the area of anti-corruption;
Informational bulletin/calendar of events in the area of anti-corruption, including not only the events organized by donors and national/international non-governmental organizations, but also governmental events (i.e. hotlines, roundtables, meetings, sessions of various governmental institutions);
An electronic Anti-Corruption Resource Library, which will be available on CD-ROMs and in an online format on the website.

Anti-Corruption Complaint Centers

After the last presidential elections, Ukraine is in a unique position compared to other post-Soviet states because the government has demonstrated the will to address issues that impede development of the rule of law in the country. The government recognizes the potential threat that corruption poses to the development of its economy, national security and the rule of law. It is trying to improve mechanisms for combating corruption and to make them more effective through necessary institutional and legislative changes.

The ABA Rule of Law Initiative supports the Ukrainian governments’ efforts to ensure that the effective mechanisms to combat corruption at a grass-roots level are in place through its project on the reform of the Central Complaint Centers of the Presidential Secretariat of Ukraine. This program is aimed at supporting:

the structural and organizational development of a model Public Complaint Office;
the development of regulatory legislation for the work of this model Public Complaint Office;
the training of administrative staff in this model Public Complaint Office;
the development of an effective mechanism to receive and process complaints;
training on the analysis and handling of received complaints by the processing center to identify corruption hazards and to develop recommendations on institutional changes to prevent patterns of corruption;
the creation of a model for a network of legal aid clinic providers to provide legal consultations for indigent citizens;
the development of the public outreach capacity of the newly created model complaint center through a comprehensive educational and informational campaign; and
the development of a government website devoted exclusively to the Public Complaint Office and the various mechanisms and procedures for filing complaints.

In the initial phase of this project, the ABA Rule of Law Initiative conducted an assessment of the Central Complaint Center and made suggested recommendations to improve efficiency and competence in the handling of public complaints. In addition, public education brochures were developed in the areas of the most frequently reported complaints, i.e. pensions, housing and judicial decisions, along with more substantive procedural guidebooks for use by administrative staff and legal aid clinics to ensure consistent handling of the complaints. These educational materials will be used in the series of trainings for the administrative staff of these Public Complaint Offices.

Anti-Corruption Legislative Analysis

In an effort to assist the government of Ukraine in the drafting and enactment of unified legislation that will enable it to effectively combat the problem of corruption, ABA Rule of Law Initiative will be conducting a series of high-level roundtable discussions with national and international experts and governmental stakeholders to provide a policy and legislative gap analysis of Ukraine’s current anti-corruption statutes and accompanying legislation. These discussions will be geared towards identifying how these draft policies and legislation meet international standards and comply with the requirements and commitments which Ukraine has made under various international conventions and instruments

For more information, contact Shelley Wieck, Country Director.

Criminal Law Reform Program

The Criminal Law Reform Program has been implemented in Ukraine since 1997. The Program aims to assist the Ukrainian legal community in the criminal justice reform process by strengthening the capacities of Ukrainian legal institutions through technical expertise, comparative analysis, coordination and related support to the government, judiciary, law enforcement agencies and defense bar.

Pre-Trial Detention Project

Pre-Trial Detention Pilot Project Roll-Out. February 2007.

Ukraine is perceived by many international observers as having unduly high rates of pretrial detention, including human rights violations and the torture of criminal suspects while being detained in sub-standard detention facilities. As such, the reform of the pre-trial detention system and efforts to bring the current national legislation and Criminal Procedure Code into compliance with international standards became essential components of the criminal justice reform. In 2006, the Pilot Pre-Trial Detention Project ("Pilot Project") was endorsed by the Supreme Court of Ukraine and implemented by the ABA Rule of Law Initiative. The goal of the Pilot Project was to take a specific Ukrainian region – Mykolayiv Oblast - and institute specific practices regarding pre-trial release or detention of criminal suspects or accused persons. The Pilot Project focused specifically on bail as a preventive measure, as it was widely accepted that bail was rarely used in Ukraine despite being one of the statutorily authorized "preventive measures". Through various activities, such as educational seminars for judges and defense attorneys, study tours to the United States to observe pre-trial proceedings and facilities at the Federal Court level, public education brochures, procedural Guidebooks for judges, prosecutors and defense attorneys, and the experimental use of a "pre-trial investigation services officer", the Pilot Project resulted in an increase in the use of bail by Mykolayiv courts. In 2007, the findings and recommendations of this Pilot Project were introduced, including recommendations on legislative amendments and proposed revisions to the Criminal Procedure Code for consideration by the government and Parliament of Ukraine.

The Pre-Trial Detention Project intends to expand the scope of its activities in 2007, including the drafting of a White Paper outlining the recommendations on how the results and findings of the pilot project can be adapted and implemented in a different oblast in Ukraine, further trainings on preventative measures for judges and defense attorneys using the procedural Guidebooks developed during the pilot project phase, a cost benefit analysis of the financial and human resources needed for incarceration versus the use of alternative preventative measures to custody, as well as continued work on the proposed legislative amendments and revisions to the Criminal Procedure Code.

Law Enforcement Reform Project

First Advocacy Skills Development School was held in Sevastopol, Autonomous Republic of Crimea. September 2006.

The main objective of the program is to support the reform of the law enforcement system of Ukraine, in order to bring it into compliance with International and European standards, and assist Ukraine meet the commitments it has made in enacting various International Conventions and related instruments. These efforts will ensure the competence and effectiveness of the law enforcement agencies, including the Ministry of Interior, National Security Defense Counsel, Prosecutor General's Office, Customs, Tax, and Border Control. It also envisions the creation of specialized institutions on combating corruption, in accordance with international assessments and recommendations made by CAN/OECD and GRECO.

In coordination with a National Expert Commission, the following tasks of the program have been identified:

to provide necessary assistance to the Interagency Commission on Law Enforcement Reform in the assessment of the structural efficiency of the existing law enforcement institutions, as well as the development of institutional mechanisms aimed at combating corruption, in order to determine the relevant needs and areas for reform;
to conduct analysis of the law enforcement systems in countries with a comparable political, legal and cultural history to identify the most effective and comprehensive mechanisms for ensuring collaboration, coordination and exchange of information;
to study successful models and best practices for the establishment and functioning of specialized agencies on combating corruption from member-countries of OECD and countries with transitioning political and economic frameworks;
to develop practical recommendations for the creation of the concept and subsequent model for the law enforcement system and its specialized agencies on combating corruption for the government of Ukraine; and
to provide necessary institutional and technical assistance and training to the specialized law enforcement agencies.

Human Trafficking Program

In February, 2007, the ABA Rule of Law Initiative began implementation of the initial phase of a longer-term project to assist Ukraine in the development of a Confiscation Fund to benefit victims of human trafficking. Funded by the International Organization of Migration (IOM), this initial phase will involve the research and development of the institutional and legislative framework necessary to support such a Confiscation Fund through identifying comparable criminal forfeiture models currently in existence in other countries and adapting them to the Ukrainian context. In working with a commission of national and international experts, the concept for this Confiscation Fund will be developed and introduced for consideration by the government and legislature of Ukraine in subsequent phases of this project.

In addition, ABA Rule of Law Initiative is developing projects in cooperation with IOM and the U.S. Embassy which will develop standards for the implementation of Mutual Legal Assistance Treaties (MLAT) with regional destination countries, as well as assess and strengthen the capabilities of the Investigative Divisions of the Ministry of Interior and Prosecutor General’s Office in investigating and prosecuting human trafficking cases.

Professional Bar Development

First Advocacy Skills Development School was held for Young Attorneys of Southern Regions of Ukraine. September 2006.

The existence of a competent and qualified cadre of defense advocates is vital to any developing legal system and, therefore, an important area of focus for ABA Rule of Law Initiative's work in Ukraine. The Defense Advocacy Program contributes to the establishment of a continuing legal education system for defense attorneys with primary emphasis on criminal law and procedure. The main objective of this program is to provide defense attorneys with the required substantive legal knowledge and necessary technical skills for competent and effective legal representation of their clients in court.

During 2005 – 2006, the ABA Rule of Law Initiative in Ukraine conducted a number of seminars for regional attorneys where leading representatives of the Ukrainian and International legal community were invited as trainers and experts. These activities were highly supported by the Supreme Court of Ukraine. With the goal of establishing a sustainable continuing legal educational system, the School of Professional Skills Development for Defense Advocates was created. This initiative was endorsed by the High Qualification Commission of Advocates under the Cabinet of Ministers of Ukraine, whose partnership and assistance allowed the ABA Rule of Law Initiative to proceed with the implementation of the first Schools in late 2006. In 2007, regularly scheduled Schools are planned throughout Ukraine aimed at the professional development of young defense attorneys, with developed course curriculum in the areas of trial advocacy skills, professional ethics and responsibilities, criminal law and procedure, and restorative justice. Specialized trainings have also been developed for more experienced practitioners on more sophisticated issues of criminal law and procedures, as well as human rights protection and procedures before the European Court of Human Rights.

Besides training activities ABA Rule of Law Initiative in Ukraine is involved in development of the new Law on the Bar through its admission into the Parliamentary Working Group and is providing analysis and expertise on the three submitted Draft Laws regarding their compliance with international standards.

For more information, contact Shelley Wieck, Country Director.

Legal Education Reform Program

In the Legal Education Reform Program, the ABA Rule of Law Initiative focuses on supporting innovative clinical and legal internship programs, administration of annual Client Counseling Competitions, improvement in the competence of law professors in the areas of teaching methodology and substantive knowledge, and in assisting NGOs and the Ministry of Education of Ukraine in initiating broad legal education reforms.

Legal Clinics

In 2006-2007 CEELI Ukraine reached a record number of subgrantees (7 law clinics and 15 advocacy centers). 2006.

The ABA Rule of Law Initiative has been long committed to supporting clinical legal education initiatives throughout Ukraine. Through operational sub-grants and trainings, the ABA Rule of Law Initiative currently supports seven legal clinics: the Legal Clinic of Donetsk National University; Legal Clinic “Ad Astra” of Volyn’ National University; the Legal Clinic of Lviv National University; the Legal Clinic of Ostroh Academy; the Legal Clinic of Transcarpathian State University, the Legal Clinic of Khmel’nyts’ky University of Management and Law and the Legal Clinic of Kyiv Institute of Internal Affairs. ABA Rule of Law Initiative is now working with advocacy NGOs and law schools in Rivne and Zhytomyr Oblasts to establish three new legal clinical programs by the start of the school year. In order to ensure the quality of teaching clinical courses and the adequacy of clinicians’ preparedness, ABA Rule of Law Initiatives has supported the establishment of a clinical training center at its Lutsk legal clinic. The center systematically offers professional development opportunities to clinical coordinators and mentors.

In supporting the legal clinics in Ukraine, the ABA Rule of Law Initiative strives to foster the development of specialized curriculum traditionally unavailable in Ukrainian law schools, offer skills-based training opportunities and promote public legal awareness. Under ABA Rule of Law Initiative’s sub-grants, the clinics in Uzhgorod, Lviv and Khmel’nyts’ky are implementing specialized courses in refugee and asylum-seeker rights, medical law and legislative drafting courses, respectively.

Students Practicing Interactive Teaching Methods. March 2005.

Ukrainian Client Counseling Competition (UCCC)

Since 2006, the ABA Rule of Law Initiative, in cooperation with the Legal Clinic of Ostroh Academy, annually administers the UCCC among clinicians. The goal of the competition is to teach law students such vital lawyering skills, as client interviewing and counseling, decision-making, fee negotiation, professional ethics and teamwork. The UCCC also provides students with a unique opportunity to hold client interviews in front of experienced attorneys and receive constructive critique and substantive advice on how to improve their skills.

In 2008, subject to adequate funding, ABA Rule of Law Initiative is planning to further improve the quality and profile of the UCCC by moving it from a small town of Ostroh to to Kyiv. Finally, ABA Rule of Law Initiative is developing strategies for organizing the Client Counseling Competition on a regional level.

5th Volyn' Summer School for Law Clinicians. 2006.

Law Student Internship Programs

The ABA Rule of Law Initiative also supports Ukrainian Foundation for Fair Justice to run innovative internships for law students. Each month, ten law students will complete an intensive two-week internship program, where they will receive first-hand experience in first instance and appellate court proceedings, human rights work, law enforcement institutions and advocacy NGO projects. Additionally, the ABA Rule of Law Initiative issued a grant to Ukrainian Bar Association to publish guidelines for law firms on how to run a successful internship program.

Improvement of Law Professors' Competence

The ABA Rule of Law Initiative is committed to assisting law schools of Ukraine in improving the competence of their professors in the areas of teaching methodology and substantive knowledge. To this end, throughout August-October 2007, ABA- Ukraine will organize two three-day trainings for law professors on the methodology of teaching law and two substantive trainings on Human Rights and Professional Ethics. Additionally, in October 2007, ABA Rule of Law Initiative will provide financial assistance to the Ukrainian European Studies Association to administer a two-day international workshop dedicated to the issues of teaching the law of the European Union in Ukrainian law schools.

Supporting Broader Reforms in the Field of Legal Education

As a result of a grants competition held in March, 2007, ABA Rule of Law Initiative issued operational sub-grants to the Center for Political and Legal Reforms and Ukrainian European Law Students Association to draft the National Concept of Legal Education Reform. The Concept will be drafted by prominent Ukrainian experts in the field, including representatives of the Ministry of Education and the Ministry of Justice. The Concept will be presented for public discussion in October, 2007, and subsequently presented to relevant governmental agencies for approval. If adopted, the Concept will lay the ground for specific governmental actions aimed at improving the Ukrainian system of legal education.

Additionally, ABA Rule of Initiative intends to work with the Ministry of Education on developing State Standards for Legal Education. If adopted, the Standards will become a powerful tool in ensuring the quality of legal education in Ukraine. These Standards will serve as a guide to law schools in designing their training plans, as well as for the Ministry of Education, when assessing the quality of legal education in individual universities.

For more information, contact Shelley Wieck, Country Director.

Legal Profession Reform

CVU (Committee of Voters of Ukraine) Kherson Lawyers consulting an elderly citizen. February 2007.

Legal Profession and Public Advocacy Program

Through tenders and sub-grant competitions, the ABA Rule of Law Initiative provides operational sub-grants to Ukrainian advocacy NGOs and university legal clinics which offer pro bono legal services to the disadvantaged and underserved populations in Ukraine. Presently, the ABA Rule of Law Initiative supports 15 advocacy organizations and 7 legal clinics throughout Ukraine which maintain a network of 32 legal aid centers which render free legal advice and representation to vulnerable groups, such as the disabled, homeless, elderly, incarcerated, HIV-positive, rural poor and other indigent persons.

Kherson Regional Charity and Health Foundation's Lawyers working in the field. February 2007.

Additionally, through roundtables, workshop trainings and media campaigns, ABA Rule of Law Initiative’s partners engage in specific advocacy and public awareness projects, including, but not limited to, the reform of the communal housing management system, improvement of conditions in detention facilities, elimination of discrimination against people living with HIV/AIDS, and the wider application of mediation in criminal cases involving minors. Also, with the goal of promoting public legal awareness, the ABA Rule of Law Initiative is supporting initiatives of the Ostroh and Donetsk Legal Clinics to provide trainings for high school teachers on using interactive teaching methodologies to teach the basics of law to high school students.

In order to ensure the high quality of legal services rendered by partner NGOs and legal clinics, the ABA Rule of Law Initiative is committed to providing systematic bi-monthly professional development trainings to its partners' lawyers on the most relevant issues of substantive and procedural law, as well as on practical legal skills.

Professional Bar Development

First Advocacy Skills Development School was held for Young Attorneys of Southern Regions of Ukraine. September 2006.

During 2005 – 2006, the ABA Rule of Law Initiative in Ukraine conducted a number of seminars for regional attorneys where leading representatives of the Ukrainian and International legal community were invited as trainers and experts. These activities were highly supported by the Supreme Court of Ukraine. With the goal of establishing a sustainable continuing legal educational system, the School of Professional Skills Development for Defense Advocates was created. This initiative was endorsed by the High Qualification Commission of Advocates under the Cabinet of Ministers of Ukraine, whose partnership and assistance allowed the ABA Rule of Law Initiative to proceed with the implementation of the first Schools in late 2006. In 2007, regularly scheduled Schools are planned throughout Ukraine aimed at the professional development of young defense attorneys, with developed course curriculum in the areas of trial advocacy skills, professional ethics and responsibilities, criminal law and procedure, and restorative justice. Specialized trainings have been developed for more experienced practitioners in more sophisticated issues of criminal law and procedures, as well as human rights protection and procedures before the European Court Human Rights.

Institution Building Program

Yana Naralskaya, Ukraine IBA, Consulting Chernihiv Committee for Human Rights Protection. February 2007.

An important component of ABA Rule of Law Initiative's efforts is to provide technical assistance for institutional capacity-building in order to promote long-term stability and sustainability of its legal aid clinics and NGO advocacy partner organizations, as well as to indigenize legal reforms.

An Institution-Building Advisor (IBA) assists organizations by providing long-range strategic planning and project management techniques, models and materials. IBA works with an organization individually and through combined workshops on various elements within the framework of organizational assessment, development and evaluation. The IBA may also be used as a neutral facilitator for internal meetings and sessions aimed at planning future activities or solving institutional problems.

Services provided through the Institution-Building Advisor include organizational assessments, strategic-planning, best practices and good governance, project design and implementation, financial planning and management, human resource management, operational and systems management, fundraising, media and public relations, marketing, advocacy and constituency-building, monitoring and evaluation techniques, and Training-for-Trainers.

Among the methods and approaches utilized by the IBA are trainings, seminars and workshops, facilitation of meetings and/or planning sessions, tailored individual consultations or group work, mentoring, provision of materials and practical examples, and promoting networking among ABA Rule of Law Initiative partners, both past and present.

In addition, ABA Rule of Law Initiative disseminates to its partners a bi-monthly newsletter covering pertinent issues of organizational development, upcoming training events, relevant articles, and links to funding opportunities. ABA Rule of Law Initiative also conducts bi-monthly organizational development trainings for managers of its past and present sub-grantee partners. Since November, 2006, the Institution Building Program has conducted four trainings on important topics, such as Strategic Project Management, Monitoring and Evaluation, Financial Management and Human Resource Management for NGOs. The topics for organizational development trainings are selected based on an assessment of needs which are identified through the Sustainability Index, which is periodically conducted and updated by the IBA.

For more information, contact Shelley Wieck, Country Director.