Рада з питань судової реформи

Chapter 12. Improving Coordination and Financial Support of Justice Sector. Ensuring Information Systems

Strategic planning, sector reform coordination, analysis and research capacities of the justice sector stakeholders are the basis for reform implementation. The Strategy foresees the steps for gap analysis, impact assessment and EU law approximation mechanisms, and for overpassing lack of interoperability and integration of various information systems in the justice sector and among law enforcement agencies. Reform coordination at the strategic level is required for more effective interaction among public authorities, CSOs and civil society.

Development of reform coordination mechanism at institutional and regional levels is the basis for strategic planning of operational capacities of the judiciary, PPO, Bar, Notary, Legal Aid providers and other related institutions.

Abbreviations list
ADR Alternative dispute resolution
AP Action Plan
APU/PAU Presidential Administration of Ukraine
ASSETBTC Bar Training Centre
CB Chamber of Bailiffs
CC Constitutional Court
ВНЗ Вищі навчальні заклади
CCBE Council of Bars and Law Societies of Europe
CCLAP Coordination Centre for Legal Aid Provision
CEIS Criminal Executive Inspection
CEPEJ European Commission for the Efficiency of Justice
CJ/CoJ Council of Judges of Ukraine
CJR/JRS Council for Justice Reform (or Justice Reform Council)
CoE CM CoE Committee of Ministers
CoE/CoE Council of Europe
CP Council of Prosecutors
CPE Performance Evaluation Framework
CSO Civil society organizations
DCMIS Detainee case management system
DFATD Department of Foreign Affairs, Trade and Development, Canada
DG Just Directorate-General for Justice and Consumers of the European Commision
DOJ United States Department of Justice
EaP The Eastern Partnership
ECHR European Convention on Human Rights
ECJ European Court of Justice
ECtHR European Court of Human Rights
EPP Evaluation of Prosecutors’ Performance
EU MS EU Member State(s
EU European Union
EUAM European Union Advisory Mission for Civilian Security Sector Reform Ukraine
FLA Free Legal Aid
FoI Freedom of information
GDP Gross domestic product
GOU/GoU Government of Ukraine
HAC Higher Administrative Court
HCCH Hague Conference on private international law
HCJ High Council of Justice of Ukraine
HEI High educational institutions
PCF CoE/EU Eastern Partnership Programmatic Co-operation Framework
PDP Personal data protection
PEE Performance effectiveness evaluation
PEO Private enforcement officer
PFM Public financial management
PG Prosecutor General
PMF Performance Management Framework
PPO Public Prosecutor’s Office
PPP Public-private partnership
PR Public Relations
QALA Quality and Accessible Legal Aid Ukraine Project
RBC Regional Bar Council
RPO Regional Prosecutor’s Office
PQDCs Regional Qualification and Disciplinary Commission
SC Supreme Court
SDP Strategic development plans
SEP Sector expenditure plan
HELP European Programme on Human Rights Education for Legal Professionals
HQC High Qualification Commission
HQDC Higher Qualification and Disciplinary Commission
HR Human Resources
HRTF Human Rights Trust Fund
HSC Higher Specialised Court
IMF International Monetary Fund
IMS Information management system
IOP Interoperability
INL US Department of State Bureau for International Narcotics and Law Enforcement Affairs
IRZ German Foundation for International Legal Cooperation
IS Information system
ISD Internal Security Department
JC see CJ
JIT Joint investigative team
JSRS Justice Sector Reform Strategy
LPO Local Prosecutor’s Office
LPP Legal Professional Privilege
M&E Monitoring and evaluation
MIS Management information system
MOE Ministry of Education of Ukraine
MOF Ministry of Finance of Ukraine
MOH Ministry of Health of Ukraine
MoI/MoIA Ministry of Internal Affairs of Ukraine
MOJ/MoJ Ministry of Justice of Ukraine
MOR Ministry of Regional Development, Construction, and Communal Living of Ukraine
MOU Memorandum of Understanding
MSP Ministry of Social Policy of Ukraine
MTBF Medium-term budgetary framework
NACB National Anti-Corruption Bureau of Ukraine
NALS National Academy of Legal Science of Ukraine
NAPU National Academy of Prosecutors of Ukraine
NBC National Bar Council
NCP National Conference of Prosecutors
NPM National Preventive Mechanism
NSJ National School of Judges
OSCE Organization for Security and Co-operation in Europe
SGS Self-governance system
SGUA Support Group for Ukraine
SIT Special investigative techniques
SJA State Judicial Administration of Ukraine
SJGB Single Judiciary Governance Body
SLA Service-level agreements
SOP Standard operating procedures
SPS State Penitentiary Service of Ukraine
SSU Security Service of Ukraine
TC Training Centre
THB Trafficking in human beings
TOT Training of trainers
UNBA Ukrainian National Bar Association
USAID United States Agency for International Development
USAID FAIR The FAIR Justice Project of USAID
VET Vocational educational training
WG Working Group
Action Implementation Deadline Performance Criteria
End of 2016 End of 2018 End of 2020 Measures/Outputs Responsible Body / Means Outcomes
Area of Intervention 12.1 Improved Policy Development and Coordination through Enhanced Strategic Planning and Regulatory Development Capacities of Justice Institutions
12.1.1 Development of central level of justice sector reform coordination mechanism 1. Council for Judicial Reform fully operational, involved in approval of all justice-sector related policy initiatives CJR, MOJ, WGs / Decisions, reports, trainings

- CJR acting as part of justice sector reform coordination mechanism at central policy-setting level (top-down coordination)

- WGs, MOJ working as part of justice sector reform coordination mechanism at central operational level

- Dedicated strategic planning capacities (Standing committees, units, staff) of independent justice sector institutions (judiciary, prosecution, Bar, bailiffs) working as justice sector reform coordination mechanism at local/institutional level (bottom-up coordination)

- Regular liaison and interaction between policy-setting/operational and central/local levels of justice sector reform coordination mechanism

- Binding obligations of each justice sector institution to submit annual reports evaluating their performance and setting targets for improvement for next year

- Use of statistics and evidence-based approach in all policy and regulatory initiatives

- Complex quantitative and qualitative M&E methodologies applied in design and review of implementation of all policies relating to justice sector

- Role of MOJ as justice sector budget ‘integrator’ and main strategic planning body for all relevant components of justice sector

- Regular engagement of experts specialised in financial planning to support strategic planners, research and analysis staff at MOJ,

- Periodic implementation reports, specifying individual stakeholder and sector-wide responsibilities, milestones and performance indicators, and specific timeframe for their achievement, adjusted and rolled forward to take account of performance experience, in sufficient time (by mid-calendar year) for any changes to be reflected in institutional budgets

- Internal and external monitoring and evaluation (M&E) mechanisms and review reports attest satisfactory degree of implementation of each dedicated chapter of JSRS, and of relevant institutional strategic development plans (SDPs),

- Gradual annual reduction in number and increase in length and extent of preparatory steps in legislative development, reducing ‘legislative inflation’ for justice sector

- Medium-and long-term perspective of all regulatory initiatives for justice sector, attested by connection between new regulatory proposals and underlying institutional or sector-wide strategies, acting as prerequisite policy umbrella for all new legislation

- Strengthened analytical and research capabilities to contribute to practice guides on problematic aspects in interpreting certain pieces of legislation in justice sector, in order to strike a balance between regulation by statute and secondary legislation;

- Impact assessment and gap analysis methodologies used regularly in all policy development and regulatory initiatives; Acknowledgement and awareness of regulatory and budgetary impact of all intended regulatory initiatives

- Increased partnerships between MOJ/other justice sector institutions and CSOs, universities (HEIs) in developing strategic documents for justice sector reform, legislative initiatives, research and analysis of the jurisprudence, practice guides on various legal issues, and joint oversight in implementation of all sector-related policies

-Increased interoperability and developed IS coordination mechanisms

- PPP agreements with external providers signed to ensure provision of information services

2. Working groups (WGs) set up under CJR fully operational, involved in design, monitoring and evaluation (M&E) of all justice-sector related policy initiatives
3. Dedicated staff assigned at MOJ to deal with strategic planning and regulatory development issues MOJ / Decisions, contracts, job descriptions, placement plans, trainings
4. Agreements for cooperative relationships between MOJ and higher educational institutions (HEIs) foreseeing initiatives facilitating research into law and practice in order to develop new policy initiatives MOJ, HEIs / MOUs, decisions, reports
5. Research and analysis papers produced regularly, identifying gaps between existing legislation (or international standards and rules and practice) and practice, and making recommendations for improvements by way of new/amended legislation or improvements in practice MOJ, HEIs / Publications, reports
6. Practice guides and training modules on strategic planning and regulatory development, as well as on substance of all major justice-sector related reform initiatives, developed, disseminated and updated regularly MOJ / Decisions, trainings, publications
7. Periodic review of JSRS on basis of implementation reports CJR, MOJ / Decisions, reports
8. Sector expenditure plans (SEPs) with non-financial performance indicators, tied to institutional SDPs, sub-sector (probation, penitentiary etc.) and sector-wide strategies and action plans MOJ / Decisions, reports
9. Annual Reports developed and disseminated MOJ / Decisions, reports
12.1.2 Development of local/institutional level of justice sector reform coordination mechanism 1. Standing Committees on Strategic Planning and Regulatory Development fully operational within each of independent justice sector institution (judiciary, prosecution, Bar, bailiffs, notaries) CJ, SC, HSCs, HCJ, SGS/PG, NBC / Decisions, reports
2. Dedicated staff assigned at each justice governance body to deal with strategic planning and regulatory development issues CJ, SGS/PG, NBC / Decisions, contracts, job descriptions, placement plans, trainings
3. Agreements for cooperative relationships between independent justice sector institutions and higher educational institutions (HEIs) foreseeing initiatives facilitating research into law and practice in order to develop new policy initiatives NSJ, CJ, SGS/PG, NBC HEIs / MOUs, decisions, reports
4. Research and analysis papers produced regularly, identifying gaps between existing legislation and practice, and making recommendations for improvements NSJ, CJ, SC, HSCs, SGS/PG, NBC HEIs / Publications, reports
5. Practice guides and training modules on strategic planning and regulatory development, as well as on substance of all major justice-sector related reform initiatives, developed, disseminated and updated regularly NSJ, CJ, SGS/PG, NBC / Decisions, trainings, publications
6. Periodic review of institutional SDPs, action plans and other policies NSJ, CJ, SGS/PG, NBC / Decisions, reports
7. Annual Reports of each of independent justice sector institution developed and disseminated CJ, SGS/PG, NBC / Decisions, reports
Area of Intervention 12.2 Increased European and International Justice Cooperation
12.2.1 Development of European and international justice cooperation mechanisms 1. Dedicated staff assigned at justice sector stakeholders to deal with approximation of relevant regulatory framework to EU law and comparative European standards. MOJ, SPS, PPO, / Decisions, statutes and rules amended contracts, job descriptions, placement plans, trainings

- Increased partnerships between MOJ/other justice sector institutions and CSOs, universities (HEIs) in bringing national law and practice in line with EU Association Agreement and Acquis

- Improved capacities in managing mutual legal assistance requests in criminal, civil and administrative matters in line with EU agreements, COE and justice-sector related Conventions by way of existence of dedicated personnel, rules and methodologies

- Strengthened coordination and cooperation with EU and its Member States in justice sector, helping Government to meet relevant EU Association Agreement and Acquis obligations in substantive public (administrative), private and criminal law, with particular emphasis on protection of privacy/access to information, property rights, company law, fight against organised crime and corruption

2. Contact point at European Judicial Network operational MOJ / Decisions, MOUs, agreements, reports
3. Cooperation agreement and annual action plan with Eurojust in place, its implementation monitored regularly MOJ, PPO / Decisions, MOUs, agreements, reports
4. Regular initiation, signature and review of bilateral cooperation agreements with EU MS in sphere of justice MOJ, PPO / Decisions, MOUs, agreements, reports
Area of Intervention 12.3 Improved e-Justice through Coordinated Management of Information Systems and Greater Interoperability
12.3.1 Improvement in management and interoperability of information systems by Courts, PPO, MOJ, Penitentiary, and other justice sector bodies 1. Courts, PPO, MOJ, CCLAP, Penitentiary, Probation Service Automation Plans annotated, implemented and reviewed regularly CJ, HCJ, SJA, MOJ, CCLA, PPO, SPS, CEIS / Decisions, reports

- Hardware infrastructure, including active and passive network equipment, developed with special emphasis on internal and external pooling, surveying and measuring user satisfaction, time and project management, more efficient use of resources, cloud computing concept

- Core and auxiliary software solutions developed based on cloud computing concept, big data analytics, search engine optimisation, centralised and local registers, nomenclatures, centrally managed/hosted and locally edited websites, internal and external intranet suites

- Coordination role of MOJ in provision of all justice sector information services

- Most information services outsourced to third-party providers on SLAs basis

- Interoperable IS within State bodies (governance bodies / units / staff), between State/non-State actors in justice sector, and between Ukrainian and international counterparts, based on EU Interoperability Framework standards and PDP requirements

- Full electronic case management systems at all State justice bodies,

- User-friendly websites of State and private actors in justice sector, allowing provision of services based on user perspective

- Practical and effective use of IS by justice sector actors to advance independence, accountability, competence and efficiency

- Automated or on-line systems for measuring user satisfaction

- Ensured the possibility of remote use of information systems.

- Introduced "e-Justice" tools that allows users to go to court, pay a court fee, to participate in proceedings, to receive the necessary information and documents electronically.

2. Service-level agreements (SLAs) signed and implemented CJ, HCJ, SJA, MOJ, PPO, SPS, CEIS / Decisions, MOUs, reports
3. Call centres and help desks fully operational at central and regional levels CJ, HCJ, SJA, MOJ, PPO, SPS, CEIS / Decisions, hardware and software in place, trainings, manuals, review reports
4. Courts, PPO, MOJ, CCLAP, Penitentiary, Probation management information systems (MIS) for centralised control all governance and management matters (including dedicated software for human resources and electronic profiling of staff) fully operational. Internal judiciary (governance bodies / units / staff) electronic communication channels in place and used effectively CJ, HCJ, SJA, MOJ, PPO, SPS, CEIS / Decisions, hardware and software in place, trainings, manuals, review reports
5. Electronic communication channels between State and non-State actors in justice sector in place and used effectively CJ, HCJ, SJA, MOJ, PPO, SPS, CEIS / Decisions, hardware and software in place, trainings, manuals, review reports
6. Courts, PPO, MOJ, Penitentiary, Probation electronic case management systems fully operational CJ, HCJ, SJA, NBC, Chambers of Bailiffs , MOJ, PPO, SPS, CEIS / Decisions, hardware and software in place, trainings, manuals, review reports
7. Book of standards for procurement of ICT products and services developed CJ, HCJ, SJA, MOJ, PPO, SPS, CEIS, / Decisions, review reports

Impact Indicators for Chapters 12

  1. Satisfactory level of implementation of JSRS Action Plan noted by internal and external (CSO, international stakeholders) observers (baseline: 2015).
  2. 5 % annual increase in number of satisfied mutual legal assistance requests to Ukraine from other countries and international organisations (baseline: 2015; targets to be split by type of process, country, organisation (Europol, Interpol, Eurojust etc.).
  3. 5 % annual increase in number of satisfied mutual legal assistance requests from Ukraine to other countries and international organisations (baseline: 2015; targets to be split by type of process, country, organisation (Europol, Interpol, Eurojust etc.).
  4. Ukraine’s standing improves in various relevant international indices relating to quality of regulatory framework, including Governance Indicators and Rule of Law Index (World Bank Institute), WEF Global Competitiveness Report, rankings by Freedom House, World Justice Project (Rule of Law Index), Transparency International (CPI etc.), Bertelsmann Stiftung Transformation Index (BTI), WB Doing Business Index (baseline: 2015).
  5. Acknowledgement of Ukraine’s progress in implementation of EU law noted in EU reports and various policy dialogue documents, such as the Association Agreement and Visa Liberalisation Action Plan implementation reports (baseline: 2015).
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