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2. Analysis of Constitutional Changes Concerning Justice
- Author:
- Valeria Klymenko and Hanna Pashkova
- Publication Date:
- 06-2018
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- Independent judiciary is an essential attribute of a democratic government and an important factor in establishing the Rule of Law. Events of the late 2013 and early 2014 confirmed the presence of serious problems in the Ukrainian judiciary. Not only it was inable to resist the arbitrary rule but also condoned and encouraged manifestations of autocracy. This objectively angered the society, which was receptive to immediate measures aimed at restoring confidence in the judiciary and the right to a fair trial. As these measures failed to deliver tangible positive results, the judiciary remained disoriented and demoralised. The need to reform the constitutional basis of the functioning of the judiciary became apparent. The Constitutional Commission established by the President of Ukraine has developed draft amendments to the Constitution (concerning justice), which on 2 June 2016 were adopted by the Parliament. Implementation of constitutional changes through necessary regulatory mechanisms was translated into action by adoption of several important laws – “On the Judiciary and the Status of Judges”, “On the High Council of Justice”, “On the Constitutional Court of Ukraine”, “On Agencies and Persons Performing Compulsory Enforcement of Court Decisions and Decisions of other Authorities”, and “On Amendments to the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Justice of Ukraine and other Legislative Acts”. The process of implementing amendments to the Constitution concerning justice and the status of the Constitutional Court implies introduction of their provisions and legal mechanisms in the practice of establishing the judiciary bodies, appointment of judges and improvements in legal proceedings based on the new framework. The Constitutional Court, in turn, should gain genuine social recognition and respect by improving important elements of its status through exemplary adherence to its constitutional powers. In these processes, it is vital to promptly identify problems linked to inadequacy and unconstitutionality of certain provisions of the above laws, as well as the means of their application. This analytical report and all the materials presented in this publication are part of these efforts.
- Topic:
- Law, Public Opinion, Reform, Constitution, Justice, and Judiciary
- Political Geography:
- Europe and Ukraine
3. Ukraine on the Eve of Election Year: Public Demand, Positions of Political Actors, Outline of the New Government
- Author:
- Valeriya Klymenko and Hanna Pashkova
- Publication Date:
- 12-2018
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- Year 2019 is not going to be easy. Apart from challenges caused by Russian military aggression against Ukraine, the presidential and parliamentary elections scheduled for March and October will be the main internal political factors further aggravating the situation in the country. The 2019 elections will take place in a challenging environment. First of all, this concerns the ongoing war with Russia, which will try to influence the elections results in efforts to bring loyal political leaders and parties to power in Ukraine. Other negative aspects include the society’s disappointment with current government, coupled with low public support of its institutions, individual political leaders and pro-government political forces. The nature and results of the upcoming election will be further affected by the division of supporters of Ukraine’s European path and the political forces declaring the same course into two camps, depending on their attitudes towards the current government. The rise of radicalism in the activities of some opposition parties, as well as significant growth of populism are quite alarming trends in the Ukrainian politics. Holding both elections in one year with brief interval between them is likely to escalate political struggle, which may result in reduced efficiency of the government with further suspension of the reform processes in anticipation of successive change of the President, the Parliament and the Cabinet of Ministers. The results of 2019 elections should give answers to the following key questions: will Ukraine continue its European integration course approved by the people of Ukraine during the Revolution of Dignity? Will newly elected institutions continue reforms? Which political leaders and forces will assume responsibility for the reforms and their results? Answers to these questions primarily depend on the Ukrainian voters, as well as on candidates and political forces competing for public confidence. The Razumkov Centre’s project “Ukraine on the Eve of Election Year: Public Demand, Outline of the New Government, and the Future of Reforms” aims at exploring current sentiments of citizens who will cast ballots on the one hand, and analysing readiness of political actors and suitability of their political “supply” for society’s “demand” on the other. By doing so, the project is set to outline the new Ukrainian government and its potential policies.
- Topic:
- Government, Public Opinion, Elections, Domestic Politics, and Campaigning
- Political Geography:
- Europe and Ukraine
4. Consolidation of Ukrainian Society: Challenges, Opportunities, Pathways
- Author:
- Valeriya Klymenko
- Publication Date:
- 01-2016
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- This issue of the journal summarises findings of the second stage of the Razumkov Centre’s Project “Formation of a Common Ukrainian Identity under New Conditions: Features, Prospects and Challenges”. Studies undertaken as part of the first project stage helped to identify the shifts that took place in various aspects of national identity between 2005 and 2015, including those brought about by the Revolution of Dignity and provoked by the Russian aggression against Ukraine. These studies paint a fairly detailed portrait of identities of Ukrainian citizens, including cross-regional differences and specifics attributable to citizens belonging to various social groups.1 Certain important issues remain insufficiently explored, particularly the hierarchy of various types of identity, the correlation between civil, national and ethnic components of identity, how citizens in different regions perceive one another, public assessment of the significance of cross-regional differences for the country’s future, etc. Since the previous public opinion survey, notable changes have taken place at the state and society levels as well as in the international political landscape. These changes have affected the public mood. They mainly have to do with falling living standards, a declining level of trust in government institutions, political parties and individual politicians, active attempts of the aggressor state to destabilise situation in Ukraine, lack of progress in resolving the Donbas conflict and returning Crimea, a somewhat decreased level of attention to Ukraine from the international community coupled with Russia’s growing influence on political processes in certain Western countries, the conflicting positions of some EU countries on Ukraine’s European future, certain aspects of Ukraine’s relations with the EU as well as Russia’s role in the ongoing armed conflict. With these factors in mind, the Razumkov Centre has outlined the following key research objectives for the second stage of the project: • Obtain a more detailed picture of how citizens understand specific aspects of identity (particularly civil and socio-cultural identity); • Assess the intensity and nature of the impact these socio-political and international trends have on various identity aspects of citizens, primarily the civil aspect; • Study how citizens in different regions of Ukraine perceive one another, explore the specifics of this perception and the existing beliefs and stereotypes; • Identify the specifics of the viewpoints that residents in different regions have on factors contributing to the division or consolidation of society, and assess their potential impact; • Learn about the attitudes of citizens to possible political approaches and specific efforts in “sensitive” areas, particularly those concerning language, cultural and national policies, and their impact on national unity; • Analyse the experience of specific post-Soviet and post-socialist countries of Europe in matters of shaping and preserving national identity. Formulated in this way, objectives are aligned with overriding goal of the second project stage: to devise effective and theoretically sound political tools adapted to the existing social reality (i.e., the substance of public policy and methods for implementing it) intended for shaping a common national identity among Ukrainian citizens, which would accelerate the process of consolidation of Ukrainian society, help achieve mutual understanding and support national unity.
- Topic:
- Public Opinion, Citizenship, Identity, and Society
- Political Geography:
- Europe, Ukraine, Poland, Romania, and Baltic States
5. Law Enforcement System in Ukraine: Status, Problems, Prospects for Reform
- Author:
- Valeriya Klymenko and Hanna Pashkova
- Publication Date:
- 01-2015
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- The year 2013 saw the beginning of a unique period in the history of an independent Ukraine. The victory of the Euromaidan, which seemed to be a successful completion of the Revolution of Dignity, in reality was merely the first step on the path of revolutionary transformation of all aspects in the life of Ukrainian society and state. Security issues are of high priority in the ambitious plans of reforms initiated by the Ukrainian government: “The security vector is our certainty about our tomorrow, being peaceful and happy. It is our certainty of justice and inevitable punishment for each crime. Our certainty that no person is unfairly convicted. The certainty of guaranteed security of investments and property”.1 Guaranteeing the required level of domestic security, primarily the security of a person and a citizen, largely depends on the capability of the law enforcement agencies to perform the functions entrusted to them by national law, and their ability to serve the society and not the government or their own selfish interests. In the system of functions delegated by the state to law enforcement agencies, the policing function has a special role, since the police, in addition to being the most numerous structure, is on the “frontier”, where a citizen may receive protection from, or be persecuted by, the state. For this reason, police reform is receiving considerable attention from the Ukrainian government, society and Ukraine’s international partners. The overwhelming majority of police officers also acknowledge the need for radical change, being dissatisfied with working conditions, level of social security and the negative view of their work on the part of society. Analysis of the current reform efforts leads to the conclusion that, despite the presence of many extraordinary aspects and significant positive differences, they still have many features typical of the prior unsuccessful reform attempts. The most important reasons impeding the implementation of the generally positive declarations and concept documents include the lack of political will as well as the pursuit of political and private ends that have nothing in common with the national interests or international standards. Taking into account our own errors is as important for success as studying the diverse international experience. The lack of coordination of reforms from a single centre, despite the formal presence of the respective structure, inefficient use of the tightly limited resources and attempts to substitute minor changes (restructuring, personnel rotations, name changes, etc.) for a true transformation – all of this has been seen on multiple occasions before. The lack of political will is most often mentioned by experts and community activists looking for answers to the questions why the reforms are advancing so slowly or why the results claimed by the politicians remain hardly noticeable for civilians. Society and the entities being reformed may become more optimistic about the success of the reforms if the Government sincerely demonstrates its interest in developing a European model of the police service, and, most importantly, proves it by real actions. The active participation by community activists, non-governmental organisations, and international partners in the reform processes are important but merely auxiliary factors. The duration and resources of a powerful international support are limited and directly depend on the demonstration of practical results. The analytical report is intended to make an intellectual contribution to the joint effort of developing the Ukrainian law enforcement agencies, whose performance is evaluated not by statistics or the opinion of the government, but by the satisfaction of society with the quality of the respective services, the citizens’ feeling of safety and justice and their level of trust in and respect for those who protect them.
- Topic:
- Governance, Law Enforcement, Public Opinion, Reform, and Legitimacy
- Political Geography:
- Europe and Ukraine
6. The Role of International Organizations in the National Security of Ukraine
- Author:
- Valeriya Klymenko
- Publication Date:
- 01-2013
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- On 17 September 2013, Kyiv hosted the International Conference “The Role of International Organisations in the National Security of Ukraine”. The Conference was organised by the Razumkov Centre jointly with the NATO Liaison Office in Ukraine and the Ukrainian Diplomatic Academy under the auspices of the Ministry of Foreign Affairs of Ukraine, and with the support from the Embassies of Norway, Poland and Switzerland in Ukraine and the Ministry of Defence of Estonia. The event had taken place two months before the EU Eastern Partnership Summit in Vilnius, where Ukraine and the EU were supposed to sign the Association Agreement. After long and tough talks between the Ukrainian authorities and European partners, the parties came close to an uneasy compromise. It seemed that the willingness to sign the Agreement – at least on the part of Ukraine – was beyond doubt. Almost all the panellists, despite some reservations, expressed their confidence in the strategic importance of such a step for Ukraine’s future. Furthermore, the time was approaching to sum up the results of Ukraine’s chairmanship in the OSCE – one of the leading international organisations dealing with European security issues. That is why, the Conference has become an important element of fervent discussions both in Ukraine and abroad about the future of security and sustainable development in Europe. The agenda proposed by the Conference organisers covered different security domains: military, economic, humanitarian, and energy sector. Despite a specific subject matter allocated to each panel and the appropriate selection of participants, all the aspects were closely interwoven during the discussions, which directly reflected the nature of current threats and challenges and complex interconnections of different security aspects. To ensure a productive discussion, the Razumkov Centre prepared the Discussion Paper based on the Expert Meeting of 24 July 2013, which involved representatives of the Ministry of Foreign Affairs of Ukraine, the Ministry of Defence of Ukraine, the National Institute for Strategic Studies, leading non-governmental think-tanks (NOMOS Centre, the Institute for Euro-Atlantic Cooperation, the Centre for International Studies, Uniworld International Foundation), along with the results of an expert survey and public opinion survey. This issue of journal contains: Discussion Paper prepared for the International Conference; Expert assessments of Ukraine’s cooperation with international organisations; Public opinion on some aspects of Ukraine’s foreign and security policy; Conference Participants’ presentations; Articles by the military-political experts.
- Topic:
- Foreign Policy, NATO, International Organization, National Security, and Public Opinion
- Political Geography:
- Europe and Ukraine