Weekly analysis for 21 – 27 August

Government adopts the Action Plan for the implementation of the Comprehensive strategic plan for law enforcement reform for 2023-2027

Event

On August 23, the Cabinet of Ministers of Ukraine adopted draft order submitted by the Ministry of Internal Affairs on approving the Action Plan for 2023-2027, which is directed at the implementation of the Comprehensive strategic plan for law enforcement reform (2023). The proposed Action Plan reflects Ukraine’s commitments within the framework of European integration envisioned by the EU-Ukraine Association Agreement.

The text of the CMU Order № 792-p of August 23, 2024 is available on the Government’s website.

The Action Plan is developed in order to implement the Decree of the President of Ukraine № 273 of May 11, 2023. It takes into account the recommendations of the European Commission provided in the Report on Ukraine’s Progress under the EU Enlargement Package of November 8, 2023. The Action Plan is also one of the priorities of the adapted Annual National Program for 2024 within the framework of our cooperation with NATO.

Implementation of the plan is focused on reforming law enforcement agencies as part of the security and defense sector, ensuring its modernization and bringing it in line with the standards that Ukraine must achieve on its way towards EU membership. It will also have a positive impact on further alignment of Ukraine’s criminal and criminal procedure legislation with the EU standards.

Implementation of the Action Plan will ensure reforms in the area of law enforcement and prosecution, which will help to address a number of problematic issues, namely: excessive duration of pre-trial investigation, unclear delineation of competence and powers of different law enforcement agencies, duplication of their functions, corruption risks in the activities of law enforcement and prosecution agencies, and inadequate mechanisms for appointments and promotions. It will also have a positive impact on further harmonization of the criminal and criminal procedure legislation of Ukraine with the EU standards.

CPLR’s assessment

CPLR’s experts were involved in the preparation of both the Comprehensive strategic plan for law enforcement reform (2023) and relevant Action Plan. Thus, according to the Prosecutor General’s Order № 189 of July 12, 2023, an interagency working group was created, which has been working on the Plan’s development since July 2023. Director of Scientific Development of the CPLR Mykola Khavroniuk and expert for criminal justice Yevhen Krapyvin were included in its composition. The interagency working group completed its work on March 18, 2024. Since then, the Action Plan has been undergoing approval processes by all authorities involved in its implementation.

The Action Plan contains a detailed list of measures (150 pages) for the implementation of the Comprehensive strategic plan. It defines strategic priorities for reforming law enforcement agencies in accordance with the highest European standards.

These measures include actions aimed at increasing the efficiency of criminal proceedings, preventing and combating crime in communities, strengthening support for victims and witnesses, as well as developing and implementing technological solutions, including an electronic system of criminal proceedings. These are important steps towards building a modern and effective criminal justice system based on respect for individuals and protection of their rights and freedoms.

The content of the Plan concerns not only the institutional capacity of law enforcement agencies (e.g., unification of their legal status, introduction of common management practices or the institute of detectives), but also criminal policy (e.g., introduction of a consistent criminal policy and crime surveys that have proven their effectiveness in other countries) and criminal procedure legislation (such as strengthening the protection of participants in criminal proceedings, focus on the victim’s rights, alternative procedure for resolving criminal cases).

The CPLR welcomes the adoption of the Action Plan not only from the perspective of fulfilling Ukraine’s European integration obligations, but also noting the fact that it represents a systemic vision of the development of prosecution and law enforcement agencies for several years ahead, which is part of the state (public) policy that is crucial in the context of martial law. The CPLR’s experts will prepare an analytical review of key provisions of the Action Plan as soon as it is officially published.