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WHY IS IT IMPORTANT?

The demand for cleansing and changes in the law enforcement system became especially acute after the Revolution of Dignity, as a response to the arbitrariness of police officers during peaceful protests in 2013-2014. On July 2, 2015, the Parliament adopted the Law of Ukraine "On the National Police" and the transformation of the old Soviet Militsiya into the police began.

However, after a failed attempt to certify the current officers and create a patrol police, everything stopped. The fact that law enforcement officers received more than 1,000 suspicions a year after the full-scale invasion demonstrates that Avakov's "reform" has completely failed.
A real reform of the National Police is one of the requirements for Ukraine as a candidate for the European Union. Let's not forget that the future process of Ukraine's recovery lies ahead. Embezzlement of funds and abuse by mid-level officials will be in the focus of the police.

On July 14, 2023, Ivan Vyhivskyi became the head of the National Police of Ukraine. However, there was no transparent competition, as demanded by the public, as he was appointed by the Cabinet of Ministers of Ukraine.

WHEN IS IT MORE IMPORTANT THAN NOW TO START THE REFORM, TAKING INTO ACCOUNT THE SHORTCOMINGS THAT HAVE NOT BEEN ELIMINATED IN 2015-2022?

The All-Ukrainian Association "Automaidan" together with the Institute of Legislative Ideas prepared a description of the priority steps necessary to launch the reform of the National Police. They were supported by 3 civil society organizations.

1. Introduce the competition for the Head of the National Police and Deputy Heads

Current regulation: The Head of the National Police is appointed and dismissed by the Government on the proposal of the Prime Minister of Ukraine in accordance with the proposals of the Minister of Internal Affairs of Ukraine, and Deputy Heads are appointed and dismissed by the Minister of Internal Affairs of Ukraine on submission of the Head of the National Police. Thus, such appointments become political.

Required measures
Appointment of the leadership of the National Police exclusively based on the results of an independent, transparent competition. A Selection Commission must include: 2 persons nominated by the Government; 2 persons nominated by the Ombudsman on the basis of proposals from CSOs; 3 persons nominated by the Government on the basis of proposals from international and foreign organizations.

2. Introduce the competition for heads of territorial police agencies.

Current regulation: The heads of territorial police agencies are appointed and dismissed by the Head of the National Police in agreement with the Minister of Internal Affairs of Ukraine, which makes them politically dependent on the latter.

Required measures
Appointment of heads of territorial police bodies upon submission of the relevant competition commissions, which should include: 3 individuals nominated by CSOs (with experience in human rights and/or anticorruption activities); 4 representatives designated by the Head of the National Police.

3. Implement the Integrity checks.

Current regulation: Currently, the provisions of the law do not provide for an integrity check, which leads to the appointment of individuals, integrity of which are questioned.

Required measures
To conduct integrity checks, the Public Integrity Council of the National Police should be created. Obtaining the negative results of an integrity check or monitoring the lifestyle of a police officer should be established as a basis for dismissal from police service.

4. Improve procedures of disciplinary responsibility.

Current regulation: Internal investigations are carried out by disciplinary commissions, which are not permanent, but are created on a case-by-case basis, and the representatives of civil society can be members of the commissions only at the request of the head. Therefore, the activities of such commissions are not fully effective, independent and impartial.

Required measures
Establishment of 2 types of permanent independent disciplinary commissions: one (at least half of which should be presented by members of human rights organizations) - to conduct investigations of violations by the police of the constitutional rights and freedoms, another - to conduct investigations on the grounds of the other disciplinary offenses.

5. Improve performance assessment.

Current regulation: The current assessment procedure is not clearly defined, objective and transparent, there are no consequences for its results.

Required measures
Development of a new system for assessment of the performance of police officers, in particular, by establishing:1) mandatory performance assessment of police officers (as part of their certification procedure) by a commission consisting of at least 25% members of civil society; 2) criteria of integrity as the additional assessment criteria; 3) evaluation of the police officer's effectiveness - in the electronic personnel management system; 4) taking into account the assessment rating when making management and personnel decisions.