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41. Guarding the guardians: Ukraine’s security and judicial reforms under Zelensky

Author:
Gustav Gressel
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
Despite Ukrainians’ deep unhappiness with the corruption and inefficiency of the judiciary and security bodies, the Poroshenko administration failed to reform these services. Political interference and personal enrichment have long been part of the practice of these services, overshadowing the strong work they are often capable of and holding back reformist elements. The office of the prosecutor general and the Ukrainian Security Service need particular attention, but merely passing new laws will not be enough: replacing incumbent high-level officials should be an early step. The EU, US, and NATO have worked effectively together on encouraging reform in Ukraine, but they must now ensure that these services remain high in the minds of the Zelensky administration and of Rada members.
Topic:
Security, Corruption, Government, Reform, and Judiciary
Political Geography:
Europe and Ukraine

42. Donor Assistance in the Transparency and Accountability Movement

Author:
Davin O'Regan
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Focusing on transparency and anti-corruption issues, this report discusses the findings from a series of participatory workshops and more than seventy interviews with social movement actors and organizations in Kenya, Nigeria, and Ukraine. It looks at the different ways social movement actors in these countries were influenced by foreign financial support and training, including in terms of the goals they set, the tactics and activities they pursue, and whether receiving foreign support compromises their legitimacy with their domestic constituents.
Topic:
Corruption, Social Movement, Accountability, and Transparency
Political Geography:
Kenya, Africa, Europe, Ukraine, and Nigeria

43. Ukrainian Activism for Transparency and Accountability: Two Steps Forward, One Step Back

Author:
Olena Tregub
Publication Date:
05-2019
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
In the wake of the Euromaidan protests that toppled the government of Viktor Yanukovych in 2014, Ukrainian activists and civil society organizations have pressed hard for anti-corruption reforms and greater openness and transparency in the public sector. Five years later, however, corruption remains a fixture of civic life—and a majority of Ukrainians believe the fight against corruption has been a failure. This new report reviews the changes that have taken place in the anti-corruption movement since the Euromaidan and identifies practical actions the international community can take to support reform efforts in Ukraine.
Topic:
Security, Corruption, Governance, Reform, Democracy, Rule of Law, Protests, Accountability, Transparency, and Justice
Political Geography:
Europe and Ukraine

44. Regards sur l’Eurasie - L'année politique 2018

Author:
Anne De Tinguy, Annie Daubenton, Olivier Ferrando, Sophie Hohmann, Jacques Lévesque, Nicolas Mazzuchi, Gaïdz Minassian, Thierry Pasquet, Tania Sollogoub, and Julien Thorez
Publication Date:
02-2019
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales (CERI)
Abstract:
Regards sur l’Eurasie. L’année politique est une publication annuelle du Centre de recherches internationales de Sciences Po (CERI) dirigée par Anne de Tinguy. Elle propose des clefs de compréhension des événements et des phénomènes qui marquent de leur empreinte les évolutions d’une région, l’espace postsoviétique, en profonde mutation depuis l’effondrement de l’Union soviétique en 1991. Forte d’une approche transversale qui ne prétend nullement à l’exhaustivité, elle vise à identifier les grands facteurs explicatifs, les dynamiques régionales et les enjeux sous-jacents.
Topic:
Defense Policy, Corruption, Democratization, Economics, Health, International Security, Natural Resources, Conflict, Multilateralism, Europeanization, Political Science, and Regional Integration
Political Geography:
Russia, Europe, Ukraine, Caucasus, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, Armenia, Azerbaijan, and Turkmenistan

45. Supporting Ukraine’s Security Sector Reform: Mapping Security Sector Assistance Programmes

Author:
Richard Steyne and Priajina Khudaverdyan
Publication Date:
09-2018
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
Mapping Study seeks to support international engagement on security sector reform in Ukraine by identifying the extent and scope of current rule of law, security sector governance (SSG) and democratic oversight programming. By covering international and regional organisations’ initiatives, as well as national projects, the Study seeks to comprehensively map programmes assisting Ukraine’s democratic institutions, executive, government, independent oversight institutions, civil society, media and the security sector itself.
Topic:
Security, Civil Society, Corruption, Migration, Reform, Disarmament, Borders, and Human Trafficking
Political Geography:
Europe, Ukraine, and Eastern Europe

46. The Populist Challenge to Liberal Democracy

Author:
William A. Galston
Publication Date:
04-2018
Content Type:
Journal Article
Journal:
Journal of Democracy
Institution:
National Endowment for Democracy
Abstract:
Across the West, economic dislocation and demographic change have triggered a demand for strong leaders. This surge of populism is more than an emotional backlash; it encourages a political structure that threatens liberal democracy. While populism accepts principles of popular sovereignty and majoritarianism, it is skeptical about constitutionalism and liberal protections for individuals. Moreover, populists’ definition of “the people” as homogeneous cannot serve as the basis for a modern democracy, which stands or falls with the protection of pluralism. Although this resurgent tribalism may draw strength from the incompleteness of life in liberal society, the liberal-democratic system uniquely harbors the power of self-correction, the essential basis for needed reforms.
Topic:
Corruption, Democracy, Populism, and Liberal Order
Political Geography:
Europe and North America

47. New Report on Abuse of State Resources Assessment in Bosnia and Herzegovina

Author:
Erica Shein
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
This report details findings from an Abuse of State Resources Assessment conducted by the International Foundation for Electoral Systems (IFES) in Bosnia and Herzegovina (BiH). As part of a two-year research effort, IFES recently developed a detailed methodology for evaluating a country’s legal framework related to the abuse of state resources (ASR) in elections. Using this methodology, the report draws on detailed desk research as well as a field research mission to BiH in November 2017. Findings are focused on ASR legal provisions, oversight institutions, and enforcement mechanisms. To the extent possible, the report evaluates both the state (national) level of BiH and the entities of the Federation of BiH and Republika Srpska. While in BiH, the team conducted 15 interviews in Sarajevo and Banja Luka with a range of stakeholders. Assessment participants were confident that public awareness of ASR was high. There was general agreement, however, that – more than two decades after the conclusion of a devastating war – the public is largely resigned to accepting such misuses in exchange for peace. The 1995 Dayton Accords that ended the war created a uniquely complex political and electoral structure for the country that remains in place today. This structure creates additional challenges to preventing ASR in campaigns, as ethnic divisions in society are replicated in the political system. Voting blocs are considered pre-determined, so parties representing a particular set of ethnic interests cater to their own constituencies at the expense of broad or programmatic-based coalition building. There is a limited “opposition” willing to advocate against ASR, as essentially all political actors are both beneficiaries and victims of the abuse. This report focuses on three principles for detecting, deterring, and remedying ASR abuses in a manner commensurate with international standards. Principle 1 evaluates the legal framework for addressing three potential avenues for ASR: state personnel, state funds and physical resources, and official government communications. Principle 2 of this report focuses on oversight of the ASR legal framework by independent institutions. Principle 3 of the ASR methodology analyzes the effective enforcement of sanctions and penalties. This report also delves into key contextual features that impact ASR: the public service framework, campaign finance mechanisms, civil society oversight and advocacy, media environment and public information, and public procurement. An overall environment of impunity for perpetrators of the misuse of state resources during elections is further enabled by a variety of factors external to the legal and administrative system, which are explored in this section of the report. The remainder of the report offers a detailed recommendations list and a brief overview of the ASR assessment methodology, as well as an in-depth analysis on each of the areas described above. Based on this analysis, recommendations have been made to strengthen the legal framework with an emphasis on the rights and responsibilities of civil servants, explicitly regulating the use of state funds and other resources, strengthening mandates of oversight and enforcement bodies, creating incentives for improved enforcement, and strengthening weaknesses in the enabling environment that impact ASR.
Topic:
Corruption, Elections, Voting, Election Interference, and State Abuse
Political Geography:
Europe, Balkans, and Bosnia and Herzegovina

48. Will Ukraine Be Able to Establish Real Property Rights?

Author:
Anders Åslund
Publication Date:
01-2018
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
Over time, the necessary economic reforms have become so obvious that they have become politically possible in most places. The great problem has become the establishment of real property rights. By and large, Central and Eastern Europe have managed to accomplish that not least thanks to support from the European Union. In the former Soviet Union, however, only Georgia succeeded in that endeavor. The big question today is whether Ukraine will manage to do so, or whether it will be caught in a low-economic-growth trap. The three main elements that are needed are independent courts, autonomous prosecutors, and a law-abiding law enforcement, while no old secret police structures should be allowed to sabotage them.
Topic:
Corruption, Democratization, Economics, Reform, and Elections
Political Geography:
Europe, Ukraine, and Eastern Europe

49. Integrity on Trial: Judicial reform in Georgia, Ukraine and Moldova

Author:
Steven Blockmans, Nadejda Hriptievschi, Viacheslav Panasiuk, and Ekaterine Zguladze
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Under the terms of their Association Agreements with the EU, Georgia, Ukraine and Moldova are expected to strengthen the independence of the judiciary, establish zero tolerance of corruption in the legal profession, and reform legislation regarding prosecutors, judges and lawyers. The EU is keen to identify and build upon existing positive sources of resilience, as well as to track and respond to vulnerabilities with the mix of instruments and budgets at its disposal. It is taking a differentiated approach to improving relations with its neighbouring countries. In the case of Georgia, this raises the question of whether the radical overhaul of the Saakashvili-era reforms can withstand the corruptive practices of narrow-minded political and economic operators. In Ukraine, the challenge is how to prolong and channel the positive reform dynamic to firmly anchor institutional and procedural change in the justice sector. In Moldova, the issue is rather to insulate the pockets of successful reform while supporting drivers of change in their fight against illiberal forces. This study identifies innovations in the three associated states’ justice sectors. It analyses changes to both the ‘hardware’ of the justice system, i.e. the constitutional and institutional frameworks, and the ‘software’, i.e. the selection, appointment, promotion and disciplinary procedures and other means to fight corruption in the justice sector. It concludes with a review of existing court practice with the AA/DCFTAs. By doing so, the paper not only gauges national judges’ awareness about the need to enforce their country’s contractual obligations with the EU, it also offers insights into the degree of domestic courts’ openness to use international/European law to put an end to conflicting national rules and bad practices.
Topic:
Corruption, Reform, European Union, Rule of Law, and Judiciary
Political Geography:
Europe, Ukraine, Moldova, and Georgia

50. New Report on Abuse of State Resources in Georgia

Author:
Erica Shein, Chad Vickery, Heather Szilagyi, and Julia Brothers
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
his report details findings from an IFES Abuse of State Resources Assessment conducted in Georgia following October 2016 elections. This assessment served as the pilot test of the Abuse of State Resources Research and Assessment Framework assessment methodology, which was researched, developed, and peer-reviewed under the Global Elections and Political Transitions mechanism supported by the United States Agency for International Development. Using this methodology, the report draws on detailed desk research as well as a field research mission to Georgia in May 2017. Findings are focused on abuse of state resources (ASR) legal provisions, oversight institutions and enforcement mechanisms. ASR violations are a consistent feature of national and municipal elections in Georgia, and assessment interlocutors see the participation of civil servants in campaign activities as one of the most significant challenges. Also of concern is the perceived over-staffing of public service departments and legal entities of public law, especially at the local level. This report aims to provide actionable recommendations for improving the ASR environment in Georgia. The report focuses on three principles for detecting, deterring and remedying ASR abuses in a manner commensurate with international standards. Principle 1 evaluates the legal framework for addressing three potential avenues for ASR: state personnel, state funds and physical resources, and official government communications. Principle 2 focuses on oversight of the ASR legal framework by independent institutions. Principle 3 analyzes the effective enforcement of sanctions and penalties. The methodology applied for this assessment also acknowledges the need to account for contextual factors may impact the ASR in elections. As such, the report provides a narrative overview of challenges related to the public service framework, campaign finance framework, civil society oversight and advocacy, media environment and public information, and public procurement in Georgia. Based on in-depth analysis of each of the areas described above, the report offers detailed recommendations to strengthen the legal framework with an emphasis on clarifying the rights and responsibilities of civil servants, ensuring that ASR sanctions and penalties achieve a deterrent effect, and clarifying mandates of oversight and enforcement bodies.
Topic:
Corruption, Elections, Voting, Election Interference, and Rigged Elections
Political Geography:
Europe, Eurasia, Eastern Europe, and Georgia