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Resolution №5 of the XI Congress of the European Party of Ukraine on the reform of law enforcement and judicial systems of Ukraine

09/04/2016 15:49

The European Party of Ukraine, April 8th, 2016 Kyiv

Members of the Congress are aware that reform of the judicial and law enforcement systems in Ukraine has never begun. The adoption of several laws only imitates the reform, which is impossible without amending the Constitution of Ukraine.

The government is not fulfilling its functions that were delegated by Ukrainian people, as a result of the Revolution of Dignity.
The XI Congress of the European Party of Ukraine is forced to admit that without the elimination of the current leaders of the government Ukraine has no chance to conduct reforms. The power should belong to European-oriented politicians, who will conduct the reforms on the following principles:

1. Reform of justice should abandon destructive populism and begin the real work, clearly focusing on fixed terms and objectives of European reforms, such as:
• ensuring the independence and professionalism of the administration of justice;
• preventing subjective influences and establishing legal responsibility for the influence on judges;
• bringing justice to the standards of a fair, impartial public hearing by an independent tribunal within a reasonable time prescribed by law;
• establishment of an optimal system and principles of the judicial system, which creates conditions for real access of citizens to justice;
• an effective system of enforcement of judgments;
• gradual formation of the public confidence in the judiciary;
• penetration of the European true content of the rule of law in all legal.

2. Reform of the prosecution should be conducted in the context of cooperation with the new judiciary and police system, namely:
• to bring the prosecution authorities to the European standard and to get rid of the main punitive function that got our country from the Soviet Union;
• to comply with European guidelines and with European legislation powers of prosecution; to amend a Constitution of Ukraine for the abolition of general supervision;
• to bring in line the applicable laws on the Prosecutor in accordance with the recommendations of the European Union of 1995;
• to recognize that the current Law “On Prosecutor’s Office”, adopted in 2014, does not comply with the needs of a modern European state;
• to provide a legal framework for conducting real reforms in the prosecution concerning the updated, unbiased and professional staff at all levels of the prosecution;
• to define the role and place of the prosecution in the system of separation of powers at the legislative level;

3. Reform of the enforcement bodies (police) showed some problems that eventually can turn the new police to the old-fashioned police and that can be solved due to the following issues:
• ensuring continuity of police reform with the reform of the prosecution and the judiciary;
• harmonization of legislation on police and the norms and standards of Europe;
• ensuring coordination between the new patrols and old police stations;
• ensuring transparency of personnel and disciplinary policy;
• abandonment of the practice of rapid and undeserved conferring special ranks;
• transparency and publicity of statistics on released and disadvantages of the police reform;
• empowerment of the patrols;
• rejection of post-Soviet principles of the new police force.

4. To integrate in the judiciary, prosecutors and police annual polygraph tests that will allow overcoming corruption at the highest level and will not tolerate corruption in the government.

Press service of the European Party of Ukraine