Draft Law on Police and Police Activities: positive aspects and room for improvementNovember 28, 2014
End of November 2014 the Ukrainian Parliament Commissioner for Human Rights invited the European Advisory Mission to Ukraine (EUAM) to review a draft law on Police and Police activities. The draft law was submitted by the NGO Centre for Political and Legal Reforms (CPLR), following a similar request from September 2014 forwarded to the Office for Democratic Institutions and Human Rights (ODHIR). Both opinions have been subject to informal mutual consultations between the two international organisations.
At the outset both advices note that the draft contains many positive aspects corresponding to international standards and good practices.
Improvement is nevertheless needed for a number of police services, their roles and responsibility structuring, as well as in inter-agency cooperation and coordination.
EUAM underlined the need for clear and independent complaint mechanisms that would enhance accountability. The advisors also recommended adding some missing key human rights standards to the draft.
The Advisory Mission raised recommendations on the decentralisation of powers and on the delineation of various legal aspects, inter alia regarding provisions on Peaceful Assembly, as well as coercive powers and control over the law enforcement’s bodies in the sphere of personal data protection.
Finally a need for a fundamental impact assessment, including all financial aspects, is required.
On 17 December 2014 EUAM Head of Mission Kálmán Mizsei officially handed over the mission’s document to Ms. Valeriya Lutkovska, the Ukrainian Parliament Commissioner for Human Rights.
The Office for Democratic Institutions and Human Rights (ODIHR) provides support, assistance and expertise to participating States and civil society to promote democracy, rule of law, human rights and tolerance and non-discrimination. ODIHR observes elections, reviews legislation and advises governments on how to develop and sustain democratic institutions. The Office conducts training programmes for government and law-enforcement officials and non-governmental organizations on how to uphold promote and monitor human rights.
The European Advisory Mission to Ukraine (EUAM) supports advises and mentors the Ukrainian authorities on strategic level in the field of the civilian security sector reform, including Rule of Law and law enforcement (Public Prosecution, Judiciary, Police, Border Guards, National Guard and Security Service of Ukraine).
In Ukraine parliamentary control over the observance of constitutional human and citizens rights and freedoms and the protection of every individuals rights on the territory of Ukraine is overseen by the Commissioner for Human Rights.
The Commissioner covers relations emerging from the fulfillment of human and citizens rights and freedoms between a citizen of Ukraine, irrespective of his or her dwelling place, a foreigner or a stateless person, who are on the territory of Ukraine and bodies of state power and local self-government.
The related law also applies to relations that arise between juridical persons of public and private law, as well as individuals who are on the territory of Ukraine in cases provided for by a specific law.
The Commissioner is an official, whose status is stipulated by the Constitution of Ukraine, this Law, the Law of Ukraine «On Civil Service», other laws of Ukraine.
Since 27 April 2012 Ms Valeriya Lutkovska assumes the office of the Ukrainian Parliament Commissioner for Human Rights. She is a former Deputy Minister of Justice of Ukraine. From January 2011 to April 2012 she held the position of Government Agent before the European Court of Human Rights.
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