Europe and Eurasia (CEELI)

UkraineNews - March 2007

ABA-Ukraine Joins Working Group on Bar Development Process

Ukraineis a country where a unified Bar has not yet been established. The current Lawon the Bar was adopted in 1992, however, it did not provide for creation of aunified Bar Association. In 1993, the concept of a unified Bar Association wasapproved, however, due to political and social conflicts between competinglegal organizations, not much progress has been achieved.  In March, 2007,a Working Group was created under a Parliamentary Committee with the goal toconsolidate various competing draft laws which have been submitted to theParliament in an attempt to unify the conflicting approaches to Bar Associationdevelopment.  It is anticipated that a single Draft Law on the Bar will bedeveloped and ultimately adopted by the Parliament.

On March 27, 2007, Galyna Polishchuk, Criminal Law Program Manager, wasincluded as a permanent member of this Working Group on the development of theLaw on the Bar. ABA-Ukraine will provide comprehensive analysis of thesubmitted Draft Laws and their compliance with International and Europeanstandards, as well as offer general technical and administrative support infacilitating the process.  ABA-Ukraine’s work with the various legalorganizations in Bar Association development and continuing legal educationthrough its Defense Advocacy Schools will allow for a strong contribution tothe legal drafting process of this key legislation for legal professiondevelopment in Ukraine.

Contact person:  Galyna Polishchuk, Criminal Law Program Manager (GPolishchuk@abaceeli.kiev.ua).

ABA-Ukraine Featured in Chamber of Commerce Magazine

ABA-Ukraine’s growing expertise in the area of anti-corruption has beenrecognized and featured in the March edition of the American Chamber ofCommerce’s publication in Ukraine,Commerce: Successful Business in Ukraine.  Deputy CountryDirector Tanya Khavanska drafted a Comment Article on the impact of corruptionto the business and investment community in Ukraine, which was featured in thepublication’s recent edition devoted entirely to the issue ofcorruption.   In this article, Ms. Khavanska outlined the impact thatcorruption creates in distorting economic decision-making, deterringinvestment, undermining competitiveness, and ultimately weakening economicgrowth.   The Article also laid out measures which could beundertaken by the government of Ukraineto reduce corruption through a variety of legal and institutional reforms,including streamlined business regulations, stronger customs and taxadministration, trade liberalization, policy reforms, improvement of theprocurement system, and reform of the civil service and judicialsystems.  

This publication is distributed on a monthly basis to over 10,000 nationaland international businesses, as well as on all business class airline flightsin and out of Ukraine.

Contact person:  Tanya Khavanska, Deputy Country Director (TKhavanska@abaceeli.kiev.ua).

ABA-Ukraine Launches Counter-Human Trafficking Project and DiversifiesFunding Sources

In an effort to seek new and diverse funding sources for its programs, ABA-Ukrainehas developed a number of new project proposals which seek funding fromEuropean and other non-US funding sources. The first successful example of thiseffort was launched in March, 2007, and is a new project in the area ofcounter-human trafficking for the development of a model Confiscation Fund in Ukraine. Theproject is funded by International Organization for Migration (IOM) and theSwedish International Development Agency (SIDA), and aims at assessing theexisting confiscation procedures and institutional framework in Ukraine towardsthe possibility of creating a crime-specific Confiscation Fund or criminalasset forfeiture mechanism. The objective of the project is to provide anoverview and analysis into comparable mechanisms of crime-specific ConfiscationFunds being implemented in other countries, such as the U.S., Australia,UK and Germany, in order to adapt that concept to acrime-specific Confiscation Fund for human trafficking crimes in Ukraine.  The initial phase of this project will be a four month assessmentexercise to conduct the comparative analysis, as well as determine the level ofreceptiveness and interest in the concept by the relevant Ukrainian authoritiesand agencies.   If the concept is accepted by the relevant authorities,the project foresees a possibility of subsequent stages for the furtherdevelopment and implementation of the selected model in Ukraine.

For more information, please contact Tanya Khavanska (Tkhavanska@abaceeli.kiev.ua) andMaria Vasylieva (MVasylieva@abaceeli.kiev.ua).

School of Professional Skills Development forDefense Attorneys

Participants watching the traffic accident episode from "Powder Keg" film introducing a case study, where the participants were to analyze emotions and needs of the victim and offender and find possible ways of mediating the conflict resolution process. March 2007.

On March 10-13, 2007, the fourth School of Professional Skills Developmentfor Defense Attorneys took place in Kyiv. The Schools are organized for defenseattorneys from various regions of Ukraine who have recently receivedtheir licenses, but have very little practical experience. The Schools arefertile grounds for advocates to network and make contacts, share ideas, andreceive practical tips and advice on how to improve the weakened state of thelegal profession in the country, since there is no established system ofcontinued legal education and no unified Bar Association in Ukraine.

The curriculum of this School consisted of issues related to legal ethics,professional responsibility, prospects of bar development, trial skills,pre-trial detention, preventive measures as alternatives to incarceration, andinternational standards on preventive measures selection. Special attention wasgiven to the restorative justice concept, which is rather new for Ukraine andgives an opportunity to view the criminal justice process from the relationshipbetween the victim and accused, which is especially relevant for juvenilecases. Prominent and well-known defense attorneys provided young advocates withessential advice and relevant recommendations on how to comply with the Code ofEthics and work effectively under the current legislation and institutional lawenforcement framework.   Through this series of Schools, ABA-Ukrainehopes to promote a continuing legal education system for advocates, which wouldcomplement and advance their work on a draft Advocacy Statute and unified BarAssociation for Ukraine.

Information provided by Galyna Polishchuk, Criminal Law Program Manager(gpolishchuk@abaceeli.kiev.ua)

Institution-Building Program Gives NGO Partners Financial ManagementWorkshop

On March 25-26, 2007, ABA-Ukraine conducted a two-day Financial ManagementWorkshop for its NGO partners and legal aid clinics. This is the third in aseries of Institution-Building workshops aimed at enhancing the sustainabilityand institutional capacity of the legal aid clinics and advocacy organizationswhich receive sub-grants from ABA-Ukraine. Topics selected for these workshopsare based on the data collected for the Sustainability Index and needsassessments conducted for all partner organizations.  Previous workshopswere held on the topics of Strategic Project Management and Project Monitoringand Evaluation.

The goal of this workshop was to formulate a better understanding of thefinancial management requirements for NGOs and to give the participants thenecessary knowledge and skills to ensure proper management and accountabilityon issues, such as income and expense reporting, budgets, financial controls,cash flow management and general financial administration.  Specialattention was paid to relevant tax requirements for non-profit organizations. In addition, the topics of social marketing, revenue generation andcopyright procedures were discussed towards helping these partner NGOs buildthe foundation for long-term financial sustainability.  

The next workshop will be dedicated to Human Resources Management and willtake place in May, 2007.

Contact person: Yana Naralskaya,Institution-Building Advisor (y.naralskaya@abaceeli.kiev.ua).

First Benchmarks Met on the Way to Law Enforcement Reform in Ukraine

ABA-Ukraine has been a long-standing partner of the Ukrainian government inthe reform process of the law enforcement system and relevant agencies withinthe framework of the Law Enforcement Reform Project funded by the INL office inUkraine. The project is aimed at providing assistance to the National Security andDefense Council and National Commission on Rule of Law and Democracy in thedevelopment of the concept and implementation plan for the comprehensivestructural reform of Ukraine'slaw-enforcement system along EU norms. Extensive work conducted on this issueover the past two years was finalized in the Concept on Criminal Justice Reformin Ukraineat the meeting of the National Commission on Rule of Law and Democracy, held onMarch 26, 2007. ABA-Ukraine has the status of an observer at the Commission andactively participated in the drafting of the section on law enforcement reform.The next steps will include commentaries by the Council of Europe (CoE) on theConcept, which will be developed by CoE experts in cooperation and with thesupport from ABA-Ukraine.  The submission of the final Concept forapproval by the President is planned for April 24, 2007. This event marks along process of identifying and encouraging changes within the key lawenforcement institutions, which will impact the most conservative of theseagencies and clear the path for reform in the criminal justice system of Ukraine.  

Contact person: Tanya Khavanska, Deputy Country Director (Tkhavanska@abaceeli.kiev.ua).

Legal Aid Services as a Human Right Discussed in Ukraine

On March 27-30, 2007, Kyiv hosted an international conferenceon theProtection and Promotion of Human Rights through Provision of Legal Services:Best Practices from Africa, Asia and Eastern Europe.The conference was organized by the Danish Institute for Human Rights, REDRESS(UK) and Kherson’s Regional Charity and HealthFoundation (Ukraine) withsupport from the Canadian International Development Agency (CIDA), ABA Rule ofLaw Initiative – Ukraine,and International Renaissance Foundation.

The conference gathered more than one hundred-twenty government officials,NGO representatives, activists and scholars from all over the world to discussthe provision of legal aid services in Ukraine, Malawi, China, South Africa,Russia, Uganda, Nepal, Zambia and many other countries, as well as commonproblems encountered and strategies for addressing those problems. Topics ofdiscussion during the event included challenges in the establishment andoperation of legal aid networks; performance indicators and quality standardsfor service delivery; strategies for pursuing human rights advocacy throughlegal services programs; and rights issues in the criminal justice process.

ABA-Ukraine has been very active in the establishment and promotion of alegal aid system in Ukrainethrough its support of a network of legal aid clinics providing specializedlegal aid services to vulnerable populations, as well as opportunities forpractical skills development for law students through university clinicprograms.  

Prepared by Maryana Kulya, Clinical Legal Education Program Coordinator(MKulya@abaceeli.kiev.ua).

ABA-Ukraine Welcomes New Staff Members

ABA-Ukraine is pleased to announce the addition of two new members to itsprogram staff.   Ihor Osyka has been hired as their new LawEnforcement Reform Program Coordinator and comes to ABA with significant law enforcement andcriminal law experience having served as a police officer since 1992, lawyersince 1996, and criminal law professor at the Kharkive National University ofInternal Affairs for the past 10 years.  He has an LL.M. from Chicago-KentUniversity of Law in International and Comparative Law and has recentlydefended his doctoral thesis on the issue of electronic forgery in Ukraine. Ihor’s primary responsibilities will be in the further development andimplementation of the Law Enforcement Reform Concept in cooperation with therelevant Ministeries and law enforcement agencies, as well as support toABA-Ukraine’s other criminal law programs.

In addition, Yuri Gavryliuk has joined the office in the capacity ofAnti-Corruption Project Coordinator to assist with the planning, developmentand implementation of ABA-Ukraine’s expanded anti-corruptionprogramming.   Yuri has substantial experience in analyticalmethodologies and post-conflict transformation having served with the UNInternational Police Task Force in Bosnia and Herzegovina, and the Analytical-Methodological Division, Forensic ResearchCenter for the Ministry of Interior inUkraine. He has most recently served as a Consultant/Mentor with the United StatesInstitute of Peace providing trainings for officials and civil societyrepresentatives in the U.S.,Iraq, Moldova, Polandand Ukraine. Yuri has his law degree from the National Academy of Internal Affairs with aMaster of Science from George Mason University,Peace Operations Program in Virginia, U.S.