only be made when strictly unavoidable in order to protect life and that in such cases, officials
shall identify themselves as such and give a clear warning of their intent to use firearms.
Parliament also adopted a law151 on the creation of military prosecutors which would establish
a Military Prosecutor's Office within the General Prosecution Office of Ukraine, to be headed
by a Deputy Prosecutor General of Ukraine who will also be the Chief Military Prosecutor.
The Prosecutor General can also authorise him/her to perform other duties. The law enables
the military prosecutor's office to perform the functions of general prosecutors in exceptional
circumstances, which are unspecified. If implemented in line with human rights standards, this
law could fill a gap in the current criminal justice system in the east. Currently in most of
Donetsk and Luhansk regions, the judicial system, prosecutor and law enforcement do not
function.
Law enforcement and judiciary reforms
Law enforcement
The Ministry of Internal Affairs launched on 1 July a pilot project in Lviv, which would
provide some preliminary research and assessments to develop nationwide police reform. This
pilot project involves seven expert groups with a total of around 110 experts – policemen,
representatives of civil society, sociologists and journalists – from different regions of
Ukraine, who will examine all aspects of the current state of the police and propose changes,
including possible draft legislation.
According to some of the participating experts who met with the HRMMU, one proposal
would be to link the efficiency of the work performed by the police, not to the number of
crimes solved (as is currently the case), but to the public’s evaluation of safety in a particular
city and its level of satisfaction with police activities. Another expert group proposes to
introduce a lie detector test for anyone wishing to become a police officer. According to some
of the experts, the root cause of many current problems with the police force is legislative and
budgetary and these need to be addressed before any meaningful change will happen to the
police. An additional problem that does not seem to be addressed in any of the expert groups’
mandates is the systemic corruption in the police force. In addition, according to the experts,
reform of the police will not have the desired impact unless it is accompanied by simultaneous
reform of the prosecutorial and judicial systems. Nevertheless, the experts noted that this
project is the first time that central authorities have expressed the political will to change the
law enforcement system and they considered this a hopeful breakthrough for a long-lasting
improvement of police activity.
Administration of justice
On 3 July, a Temporary Special Commission152 began its assessment of the decisions and
conduct of general court judges who considered civil, administrative or criminal cases related
to Maidan mass protests held throughout Ukraine from 21 November 2013 and until the law
entered into force of the law153 on 11 April 2014. The Commission will also review the
decisions and conduct of judges who ruled on cases which were assessed by the European
Court of Human Rights as having violated the European Convention on the Protection of
Human Rights and Fundamental Freedoms. Any person or legal entity can request a judge to
be assessed by the Commission under the above two circumstances.
In addition the Commission will also review cases related to the October 2012 Parliamentary
elections and the preceding election campaign. Only people whose rights were violated during
these events can apply for the Commission’s review. The Commission will conduct its first
C.
151
No. 4446a Amendments to the law “On prosecution”.
Established according to the Law on Restoration of Confidence in Judiciary in Ukraine.
153
Law on Restoration of Confidence in Judiciary in Ukraine.
152
217 | P a g e
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