The Rule of Law Unit of the OSCE Project Co-ordinator in Ukraine (PCU) implements projects that aim to uphold the rule of law, strengthen human rights and ensure transparency and openness in Ukraine's citizen-state relations. This includes a series of projects in the areas of administrative justice and administrative law, legislative process, constitutional justice, prevention of torture and ill-treatment, raising public awareness on human rights, development of effective remedy standards for human rights violations, and improvement of the legal education system.

Within the framework of these projects, the Rule of Law Unit conducts activities and assists with the publication of essential materials presenting international standards and good practices, including those of the Council of Europe (CoE) and the European Court of Human Rights (ECHR).

Enhancing the Coherence of Administrative Court Practice in Ukraine

The PCU assists its Ukrainian partners to improve the administrative justice system, with the overall goal of enhancing the effectiveness of the protection of individuals’ rights in their relations with state authorities. Lack of coherence in administrative court practice is a key challenge for the improvement of administrative justice in Ukraine. Therefore, the PCU offers training to judges on uniform interpretation of legislation, including election-related legislation, and strengthens the capacity of the judiciary in opinion writing.

To implement these activities, the PCU co-operates with several Ukrainian partners, including the Higher Administrative Court, the Administrative Courts and the National School of Judges.

Improving legal and human rights education

The PCU is assisting its Ukrainian partners to improve legal and human rights education. This is seen as a prerequisite and a guarantee for the protection of human rights and the independence of the judiciary. The PCU places particular focus on strengthening legal skills, and training lawyers to respect, protect and promote human rights and support the proper functioning of human rights protection mechanisms.

In co-operation with Ukraine's leading law schools and the Commission for Strengthening Democracy and the Rule of Law established by the President of Ukraine, the PCU is developing a draft legislative framework regulating legal education and access to the legal profession. The Rule of Law and Human Rights section of the PCU also supports drafting handbooks for such courses as Constitutional Law, Criminal Law and Process, Human Rights, Administrative Law and Administrative Justice, and Legal Theory. It is also developing new syllabuses for Legal Ethics, Legal Analysis and Writing, and Philosophy of Law courses. As a complementary effort, the PCU assists improvement of human rights education at schools through conducting training for children and “train-the-trainer” sessions.

Development of free legal aid system

The PCU supports the efforts of the country’s Justice Ministry to develop the free legal aid system in Ukraine. This is done via provision of experts’ advice on improvement of the current legislative system for legal aid as well as targeted trainings for civil servants and legal professionals on practical aspects of the functioning of the free legal aid system. The PCU also supports a web-portal with necessary practical information on legal aid and raises awareness to ensure better implementation of the legal aid system in Ukraine

Strengthening rule of law and human rights protection

In close co-operation with the Parliamentary Committees of the Verkhovna Rada (Parliament) of Ukraine and the Supreme Court, the PCU provides expert support by reviewing draft laws submitted to the Parliament. These reviews serve to determine whether the drafts conform with international standards regarding democracy, human rights and justice, and if they are in line with OSCE and CoE commitments and international best practice. In addition, the project envisages the improvement of judicial approaches and methodologies in enforcing Ukraine's international human rights obligations.

National preventive mechanisms against torture and ill-treatment

The PCU continues to support implementation of national preventive mechanisms (NPMs) against torture and ill-treatment. A civil monitoring system within law enforcement agencies in the form of mobile monitoring groups (MMGs) has been established with the assistance of the PCU. In 2006-2009, the MMGs, comprising representatives of civil society, human rights activists and civil servants, conducted regular visits to several governmental authorities, including prisons and care homes for children.

Combating organized crime

The PCU supports the Government of Ukraine in complying with the country’s OSCE commitments in the sphere of combating terrorism and organised crime. A project developed in co-operation with the country’s Security Service aims to assist in developing efficient methodologies for organised crime risks and threats assessment that will empower law-enforcement agencies to take focused and effective measures to combat organised crime.