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911. The Legal Aspects of the MH17 Disaster: What Next?

Author:
Emma Bakkum
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.
Topic:
Crime, Law, Legal Theory, and International Criminal Court (ICC)
Political Geography:
Europe, Malaysia, Ukraine, and Asia

912. Pervasive Gender-Based Violence in Ukraine

Author:
Jessica Ruch
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
A wife must listen to man and do as he says. She belongs to him now,” my colleague quietly translated as the young couple held hands before the priest. This wedding was just one personal experience of a Peace Corps volunteer in a southeast village, however, research shows systematic discrimination against women and a widespread prevalence of gender based violence (GBV) in Ukraine. The UN reports that 90% of violent cases are against women and though the government has introduced initiatives and ratified laws to prevent and protect against GBV, the country faces major obstacles inhibiting prevention and survivor protection. Domestic violence (DV) and intimate partner violence, sexualized violence, sexual harassment, and human trafficking are the four most pervasive types of GBV in Ukraine. Like many other countries, DV and IPV are taboo and veiled from public and private discussions in Ukraine. The myths encouraging victim blaming in family violence and normalization of violence is still widespread in society. Comprehensive DV data was not collected until the EU and UNDP’s 2009 study, which revealed that nearly 1/3 of adults experienced DV as children and 44% of women experienced DV in their lifetime. Men were more likely to experience DV as children, and women as adults. Seventy-five percent of DV survivors never sought help and only 1-2% contacted NGOs or social services. Information on the status and response to sexualized violence is vague and unsubstantiated. The Ukrainian government reports that service providers are trained to deliver physical and psychological care to sexual assault survivors, but the EU’s Gender Equality Commission concludes that there are no services which ensure immediate care, trauma support or counseling, nor are services free or accessible to all survivors. The NGO, Women Against Violence in Europe reports that there are no permanent centers supporting survivors of sexual assault.
Topic:
Gender Issues, Gender Based Violence, Sexual Violence, and NGOs
Political Geography:
Europe, Ukraine, and Eastern Europe

913. Criminal Justice Practice and Violence Against Women

Author:
Kateryna Cherepakha, Alain Laferte, Kateryna Levchenko, Maryna Legenka, Mylene Socquet-Juglard, and Heather Huhtanen
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
The Geneva Centre for Security Sector Governance (DCAF) and La Strada-Ukraine (LSU) collaborated to assess the current practices of the Ukrainian criminal justice system in responding to violence against women and domestic violence. The specific purpose of this assessment was to explore the readiness of the criminal justice system to implement the principles and obligations associated with the Istanbul Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), signed by Ukraine in 2011 and soon to be ratified. Intended to serve as a baseline for the development of policies and projects, this assessment is a key contribution to collective efforts to improve the criminal justice system response to violence against women and domestic violence.
Topic:
International Relations, Security, Gender Issues, Women, Gender Based Violence, Criminal Justice, and Judiciary
Political Geography:
Ukraine and Global Focus

914. The Security Sector Legislation of Ukraine

Author:
Oleksandr Lytvynenko, Philipp Fluri, and Valentyn Badrack
Publication Date:
01-2017
Content Type:
Book
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This comprehensive collection of Ukrainian legislation on the Security Sector serves two purposes: it gives Ukrainian and Western experts an overview of what legal documents already exist in Ukraine; and serves as a tool for identifying possibilities for adaptations to the law.
Topic:
Security, Defense Policy, Sovereignty, Territorial Disputes, Governance, Law, Military Affairs, Conflict, and Legislation
Political Geography:
Geneva, Russia, Europe, Ukraine, and Eastern Europe

915. How Ukraine Views Russia and the West

Author:
Steven Pifer
Publication Date:
09-2017
Content Type:
Journal Article
Journal:
The Ambassadors Review
Institution:
Council of American Ambassadors
Abstract:
Following the Soviet Union’s collapse, Ukraine and Russia maintained relations that at times were testy, but their differences largely appeared manageable. That changed in 2014, when the Kremlin used military force to seize Crimea and then supported armed separatism in the eastern Ukrainian region of Donbas. As a result, attitudes within Ukraine toward Russia have hardened to a consider­able degree, and the appeal of Western institutions such as the European Union and NATO has grown.
Topic:
NATO, Imperialism, European Union, and Conflict
Political Geography:
Russia, United States, Europe, Ukraine, and Eastern Europe

916. Prospects of cooperation on restoring stability and institutional reform in Syria

Author:
The Geneva Centre for Security Policy and Omran for Strategic Studies
Publication Date:
12-2017
Content Type:
Special Report
Institution:
The Geneva Centre for Security Policy
Abstract:
Report on the workshop: “Prospects of cooperation on restoring stability and institutional reform in Syria” Geneva, 21-22 September 2017.
Topic:
Reform, Counter-terrorism, Conflict, Syrian War, Institutions, and Transition
Political Geography:
Russia, Ukraine, Middle East, Eastern Europe, and Syria

917. Monitoring Ukraine's Security Governance Challenges: Proceedings from the Second International Conference “Security Sector Governance: The Role of Democratic Institutions & International Best Practices” 16-17 March 2016, Kyiv, Ukraine

Author:
Philipp Fluri, Oleksiy Melnyk, James Sherr, Oleksiy Melnyk, Mans Hanssen, Oleksandr Lytvynenko, Mykola Sungurovskiy, Simon Lunn, Claudia Micciche, Karina Priajina, and Nazli Yildirim Schierkolk
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This publication offers the proceedings of the Conference II "€Security Sector Governance: The Role of Democratic Institutions & International Best Practices"€. Following the Conference I findings, participants elaborated current challenges related to the role of democratic institutions in the Ukrainian Security Sector Governance and worked out solutions based on possible accommodation of best international practices in Ukrainian realities. This publication offers presentations of the key speakers and the summaries of the Working Group discussions. General assessments, conclusions and proposals are those of the participants and do not necessarily coincide with the positions of DCAF, the Razumkov Centre or the official position of the Ministry of Foreign Affairs of the Netherlands. Publication was made possible in the framework of the joint DCAF-Razumkov Centre Project "Monitoring Ukraine'€s Security Governance Challenges" sponsored by the Ministry of Foreign Affairs of the Netherlands.
Topic:
Security, Territorial Disputes, Reform, Conflict, and State
Political Geography:
Europe and Ukraine

918. Ombuds Institutions for the Armed Forces: Selected Case Studies

Author:
William McDermott, Kim Piaget, Lada Sadiković, Mary McFadyen, Riina Turtio, Tamar Pataraia, Aida Alymbaeva, Bogdan Kryklyvenko, and Susan Atkins
Publication Date:
01-2017
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Ombuds institutions for the armed forces are key actors in establishing good governance and implementing democratic controls of the security sector. These institutions are tasked with protecting the human rights and fundamental freedoms of armed forces personnel, as well as providing oversight and preventing maladministration of the armed forces. This publication highlights good practices and lessons learned in seven case studies of ombuds institutions for the armed forces from the following OSCE states: Bosnia and Herzegovina, Canada, Finland, Georgia, Kyrgyzstan, Ukraine, United Kingdom.
Topic:
Security, Human Rights, Governance, and Armed Forces
Political Geography:
United Kingdom, Europe, Central Asia, Ukraine, Canada, Finland, Kyrgyzstan, Georgia, North America, and Bosnia and Herzegovina

919. Mutual Learning for Reducing Tax Gaps in V4 Countries and Ukraine Peer Country Paper: Poland

Author:
Iakov Frizis, Krzysztof Głowacki, and Katarzyna Mirecka
Publication Date:
08-2017
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
Tax administration has been improving in Poland in recent years. The country moved from a ranking of 128 to a ranking of 47 in the Paying Taxes indicator of the World Bank’s Doing Business report between its 2012 and 2017 editions. However, compliance with taxes still requires 271 man hours, compared to the European Union (EU) & European Free Trade Association (EFTA) average of 173 man-hours and to the top Central and Eastern Europe (CEE) performer Estonia’s 81 man-hours. Polish tax legislation has been described as complex by some observers and not overly complex by other observers, while many emphasise that it is improving at a good pace. The paper summarizes knowledge on tax gaps in Poland with respect to PIT, CIT, VAT, and excise. An introduction to the Polish tax system is given, trends in tax collectability and estimates of the tax gaps are discussed, and methods of combating tax evasion and avoidance are reviewed. The paper has been written as part of the project “Mutual Learning for Reducing Tax Gaps in V4 Countries and Ukraine” co-financed by the Visegrad Fund in the years 2016-2017.
Topic:
Financial Crimes, Tax Systems, Free Trade, Fiscal Policy, and VAT
Political Geography:
Europe, Ukraine, Poland, and European Union

920. Mutual Learning for Reducing Tax Gaps in V4 Countries and Ukraine Final Report

Author:
Iakov Frizis and Krzysztof Głowacki
Publication Date:
08-2017
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
ax gaps, or the differences between tax amounts that are due by the taxpayers and the amounts that are actually collected by the state, remain a challenge for many European Union (EU) Member States, including for the V4 countries. Tax gaps also present a formidable challenge for Ukraine, which is currently reforming many aspects of its financial and legal systems. To help increase awareness about tax compliance and exchange knowledge on the state-of-the-art methods used to combat tax gaps, the project Mutual Learning for Reducing Tax Gaps in V4 Countries and Ukraine has been implemented. The paper is a summary of the exchange of knowledge and experience that took place in the course of the project co-financed by the Visegrad Fund in the years 2016–2017.
Topic:
Economics, Tax Systems, Fiscal Policy, and VAT
Political Geography:
Europe, Ukraine, Poland, and European Union