Ukraine has many allies in its struggle to bring more transparency, independence and professionalism to the judiciary, police and prosecution. One of them, a special mission of the European Union on civilian security sector reform, has been assisting new leadership with this, since December. Kalman Mizsei, the head of the mission, says it's been a tough time for changes.
“Obviously the war and financial crisis are taking a lot of attention, but it’s of paramount importance that your leaders find balance between firefighting and improving the work of institutions,” Mizsei says. “Reforming the country is not the same in the time of this external challenge as it is in normal times, but you have to find the way of improving the work of the state, and its relationship to the public.”
On Jan. 19, the Interior Ministry announced recruitment for the new patrol service introducing road, metro and foot patrols and replacing the notoriously corrupt traffic police in Kyiv by July, as a part of comprehensive reform of the law enforcement. Mizsei welcomes this move but says it’s important, to retrain those who are not selected for the new service.
He also favors the law depriving prosecutors of the investigation function and power of arrest. That legislation comes into effect in April but requires corresponding amendments to the Constitution to work in full.
Mizsei said that during the recent meeting with Prosecutor General Vitaliy Yarema, he received assurance that preparations for the implementation of the new law are in good shape.
He, however, refused to comment on the no-confidence vote on Yarema initiated by parliament because of unsatisfactory progress in investigation the alleged crimes of former President Viktor Yanukovych and his administration and said the mission is not “interfering with the process of appointment of prosecution.”
The mission lays hopes on the new national Anti-Corruption Bureau, which will be empowered with the right to investigate crimes committed by senior public officials. “It is very important for general justice but also in terms of public expectations, that blatant abuses of power for enrichment are investigated and taken to a justice, undoubtedly, a bureau will have a role in this,” he says.
He also said that it’s important for the bureau to maintain independence from political forces.
“In Eastern Europe we have seen many occasions when such offices have been used for political purposes and here this office can be successful if it’s fully impartial, fully engaged with the public good rather than following the political orders, which in the prosecutors’ office in the past, often was the case,” Mizsei says. But to tackle corruption, Ukraine needs to do more, he says adding that more transparency and independence are also long overdue to judicial system.
With the discussion heating up over judicial reform after the parliament advanced two conflicting bills on Jan. 13, he says that ensuring the independence of judges is important.
“That points to the council of the judges to play an important deciding role in this respect,” he says. He also says that raising salaries for the judges and prosecution is important, especially after the salaries of state employees were cut to Hr 8,526 ($533) , according to the new budget legislative package that came into effect on Jan. 3. “Clearly the budget was created in a rush and without proper planning for reforms,” Mizsei says.
He expects the final version of the budget that is due Feb. 15 to take into account the costs of reforms. Also, “a much better articulation by the government of the financial needs of Ukraine related to the reforms could result in rather allocation of donor funds,” he says.
A donor conference is planned by the European Union and Ukrainian governments and it’s critical that the government goes there with very concrete plans. “Past examples of other countries, particularly Georgia, shows that in the first year you may have very little resources for this but over the time an improved system also generates itself more budgetary revenues by reducing corruption and improving the conditions for economic growth,” he says.
He also notes the role of the civil society in reform process and says the mission is cooperating with representatives of various civil organizations. “In a country that is a young democracy and has so many problems with governance there is one very bright spot and that is civil society,” he says. “In the current tme it’s indispensible, very positive componetnt for Ukrainian reforms, without that we will be much less hopeful than with them we are.”
Kyiv Post staff writer Anastasia Forina can be reached at [email protected]
