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Stages:  (!) Legislation and Procedures – new Criminal Procedure Code  (!!) Institutions – Law on Procuracy, Law on Free Legal Aid, Law on Bar and other.

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Presentation on theme: "Stages:  (!) Legislation and Procedures – new Criminal Procedure Code  (!!) Institutions – Law on Procuracy, Law on Free Legal Aid, Law on Bar and other."— Presentation transcript:

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2 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 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 [Prosecutor General of Ukraine Speech, September 7, 2009]

5 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  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]

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10  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

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