Ukraine

Democratic Security Sector Governance

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ssl Interpeace Constitution-Making for Peace Programme

The goal of Interpeace’s Constitution-Making for Peace Programme is to support constitution-making processes that leads to a more durable peace. The programme promotes the principles of local ownership, inclusion, gender equality, participation and transparency. The programme highlights options for the constitution-making process so that the process contributes to national dialogue, consensus-building, greater social and political cohesion, conflict management, reconciliation and the strengthening of democratic principles, institutions and the rule of law.

 

ssl1 International Institute for Democracy and Electoral Assistance (IDEA):

The International Institute for Democracy and Electoral Assistance (International IDEA) is an intergovernmental organization that supports sustainable democracy worldwide. International IDEA’s mission is to support sustainable democratic change by providing comparative knowledge, and assisting in democratic reform, and influencing policies and politics.

hr6Council of Europe: Rule of Law Checklist, adopted by the Venice Commission

The Venice Commission adopted the Rule of Law Checklist. The Checklist aims to enable an objective, thorough, transparent and equal assessment of the respect of the Rule of Law in a given country. Actors wishing to assess the respect of the Rule of Law in a country now have a reliable tool for doing so. This includes parliaments and other State authorities, civil society and international organisations.

 NATO Standardization Document Database

This is a database containing an extract from the NATO Standardization Document Database (NSDD) showing only the current (promulgated) documents. The NATO Standardization Office (NSO) is an independent NATO Office that reports to the Committee for Standardization (CS) Policy and Management and to the Military Committee (MC) for corporate oversight and issues relating to operational standardization. The mission of the NSO is to provide Standardization Management for NATO. Standardization Management encompasses in particular standardization policy; harmonization of NATO standardization activities; rules and regulations for development, ratification, promulgation, and support to implementation of standardization products; standardization management support to Tasking Authorities; terminology policy and guidelines, cooperation with civilian standardization bodies; publishing of NATO standards and standardization promotion.

hr59Legislating for the Security Sector Toolkit

The toolkit contains a number of booklets that provide norms and standards, guidebooks as well as practical examples of model laws in various areas of security sector legislation. This toolkit is primarily addressed to all those who intend to create new or develop existing security sector legislation. This includes parliamentarians, civil servants, legal experts and nongovernmental organisations. The toolkit may also be helpful to security officials and, as a reference tool, to researchers and students interested in security sector legislation.

hr33DCAF, NATO (2015),Oversight and Guidance: Parliaments and Security Sector Governance.

This third version of the DCAF-NATO PA ‘Vademecum’ underlines the essential role that parliaments must play in ensuring democratic oversight of the security sector. Updating key information on best practices related to parliamentary oversight and guidance of the security sector, the volume retains a special focus on defence affairs and puts the oversight role of parliament into political and military contexts. Aimed at democratic institutions within NATO partner-countries, it provides an introduction to the overarching principles of security sector reform and key oversight mechanisms and best practices.

hr34Hans Born (2015), Parliamentary Oversight of the Security Sector.

This paper represents a further addition to the series of publications on issues in parliamentary practice from the Office for Promotion of Parliamentary Democracy (OPPD). The main objective of this publication is to provide an overview of the main issues affecting parliamentary oversight and, more generally, democratic governance of the security sector in new and emerging democracies.

hr39Council of Europe Commissioner for Human Rights (2015), Issue Paper on Democratic and Effective Oversight of National Security Services.

This issue paper focuses on the oversight of state bodies, including both autonomous agencies and departments/units of other government departments or the armed forces, that have a mandate to collect, analyse and disseminate intelligence within the borders of their state in order to inform decisions by policy makers, military commanders, police investigators and border/customs agencies about threats to national security and other core national interests. The Paper also includes a number of recommendations on the basis of the issues raised by this issue paper formulated by the Council of Europe Commissioner for Human Rights.

hr35DCAF, UNDP (2008), Public Oversight of the Security Sector. A Handbook for Civil Society Organzations

This Handbook provides structured guidance for civil society organisations (CSOs) on the role they can play in democratic security sector oversight. Although many CSOs have facilitated security sector reform processes in transition and post-conflict states, much of their potential remains untapped. Similarly, the longer term role CSOs play in maintaining a democratically-managed security sector is sometimes under-emphasised in the developed and developing worlds. The Handbook is designed primarily for civil society and non-governmental organisations. This Handbook is also relevant to democratic institutions, democratic representatives, policymakers, SSR practitioners, researchers, security sector institutions, the media, and international organisations partnering with CSOs on democratic security governance issues.

mj1DCAF (2011) Legislating for the Security Sector Toolkit: Understanding Military Justice.

The objective of this guide is to provide readers with essential information about the function and principles of military justice in a democratic society. The guide also focuses on policies and the role of different stakeholders in shaping legal and institutional frameworks for an effective and transparent system of military justice. It provides an overview of different military justice systems and outlines the challenges they face.

UN MJ Standards 11-01-11 (2)DCAF (2011) Legislating for the Security Sector Toolkit: Principles Governing the Administration of Justice through Military Tribunals.

This publication contains the 20 Principles Governing the Administration of Justice through Military Tribunals as outlined by the Commission on Human Rights.

mj3DCAF (2011)Legislating for the Security Sector Toolkit: The South African Military Discipline Supplementary Measures Act.

This booklet contains the South African Military Discipline Supplementary Measures Act in its original form as well as its articles reorganised by topic. This allows legislators to easily identify the specific subjects that need to be covered in such a law and compare the different models of laws.

mj4DCAF (2011) Legislating for the Security Sector Toolkit: The Colombian Military Criminal Code.

This booklet contains the Colombian military criminal code reorganised by topic. This allows legislators to easily identify the specific topics that need to be covered in such a law and compare between different models of laws.

hr38Born Hans, Wills Aidan, DCAF-Ministry of Foreign Affairs of the Netherlands (2012), Overseeing Intelligence Services: a Toolkit.

DCAF’s toolkit on overseeing intelligence services is a compendium of booklets (tools) that provides policy-relevant information on the establishment and consolidation of independent bodies to oversee state organisations involved in the collection, analysis, production and dissemination of intelligence in the national security domain.

hr42Hans Born, Ian Leigh (2005), Making Intelligence Accountable: Legal Standards and Practice for Oversight of Intelligence Agencies.

This publication classifies and evaluates the legal standards that currently exist regarding democratic accountability of intelligence services. The publication also identifies and recommends best practice applicable to both transition countries and well-established democracies.

hr40DCAF (2011), Legislating for the Security Sector Toolkit: Understanding Intelligence Oversight.

This guidebook provides an introduction on how democratic states govern their intelligence services. The guidebook demonstrates how states can govern their intelligence services in order to make sure that:

  • They contribute effectively to the security of the state and its population,
  • They are subject to democratic control,
  • They are accountable to the populations they serve, and
  • They respect the rule of law and human rights.

The guidebook provides short and simple answers to frequently asked questions on the activities of intelligence services, as well as the control and oversight of these organisations.

hr41DCAF (2011), Legislating for the Security Sector Toolkit: Compilation of Good Practices for Intelligence Agencies and their Oversight.

The Compilation of Good Practices within the Security Sector Toolkit highlights the legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism. The toolkit also identifies international standards for intelligence governance.

hr55DCAF (2011), Legislating for the Security Sector Toolkit: The Canadian Security Intelligence Service Act

This booklet contains the Canadian Security Intelligence Service Act in its original form as well as the provisions of this legislation which are reorganised by topic. This allows lawmakers to easily identify the specific subjects that should be covered by legislation on intelligence services and compare different laws according to particular topics.

hr57DCAF (2011), Legislating for the Security Sector Toolkit: The Netherlands Intelligence and Security Services Act

This booklet contains the Dutch Intelligence and Security Services Act in its original form as well as the provisions of this legislation which are reorganised by topic. This allows lawmakers to easily identify the specific subjects that should be covered by legislation on intelligence services and compare different laws according to particular topics.

hr58DCAF (2011), Legislating for the Security Sector Toolkit: The Argentinian National Intelligence Law

This booklet contains The Argentinian National Intelligence Law, 2001 and the Regulation of the National Intelligence Act, 2002 in its original form as well as the provisions of this legislation which are reorganised by topic. This allows lawmakers to easily identify the specific subjects that should be covered by legislation on intelligence services and compare different laws according to particular topics.

hr36DCAF (2015), Training Manual on Police Integrity.

The Training Manual on Police Integrity aims to assist ministries of interior, police services and training institutions in developing their capacities to deliver integrity training to their staff. The Manual also provides guidance on how to build and sustain organizational integrity through effective planning and management of human resources and reform processes.

hr37DCAF (2012), Toolkit on Police Integrity.

The Toolkit on Police Integrity aims to assist police services in designing effective measures to curb police corruption, increase their ability to fight crime, improve public security, and strengthen the rule of law and public trust in the police. The Toolkit contains chapters covering a range of topics, such as corruption and policing, supporting police officers facing ethical questions, internal control, external oversight and control, and capacity building.

ssg8DCAF (2011), Legislating for the Security Sector Toolkit: The European Code of Police Ethics.

This toolkit contains the European Code of Police Ethics accompanied by commentaries and recommendations. The European Code of Police Ethics together with the Guidebook on Democratic Policing (OSCE) and the Ten Basic Human Rights Standards for Law Enforcement Officials (Amnesty International) can be considered as the main framework of international norms and standards for democratic policing.

hr18DCAF (2011), Legislating for the Security Sector Toolkit: 10 Basic Human Rights Standards for Law Enforcement Officials

These ‘10 Basic Human Rights Standards for Law Enforcement Officials’ were prepared by Amnesty International in conjunction with police officials and experts from different countries. They are based on United Nations law enforcement, criminal justice and human rights standards. This document is intended to raise awareness amongst government officials, parliamentarians, journalists and non-governmental organizations of some fundamental standards which should be part of any police training and police practice.

ssg9DCAF (2009), Legislating for the Security Sector Toolkit: International Police Standards Guidebook on Democratic Policing.

This toolkit contains international standards and principles of democratic policing. The guidebook is designed to assist OSCE staff dealing with police and law-enforcement issues as well as police practitioners and policy-makers working to develop and strengthen democratic policing. The guidebook serves as a reference to good policing practices and internationally adopted standards. This publication articulates the objectives of democratic police services and forces, the importance of their commitment to the rule of law, policing ethics, and human rights standards, the essential nature of police accountability to the law and to the society which they serve, and the need for their cooperation with the communities, recognizing that effective policing requires partnership with the communities being served. Furthermore, the guidebook elaborates on structural and managerial aspects within the police necessary in achieving and sustaining democratic policing.

ssg10DCAF (2011), Legislating for the Security Sector Toolkit: Police Legislation Model: The Swedish Police Act.

This booklet contains the Swedish police law in its original form as well as its articles reorganised by topic. This allows legislators to easily identify the specific topics that need to be covered in a police law and compare the different models.

ssg11DCAF (2011), Legislating for the Security Sector Toolkit: Police Legislation Model: The Japanese Police Law and The Police Duties Execution Law.

This booklet contains the Japanese police legislation in its original form as well as its articles reorganised by topic. This allows legislators to easily identify the specific topics that need to be covered in a police law and compare between different models of laws.

tr1OHCHR (1997), International Human Rights Standards for Law Enforcement: A Pocket Book on Human Rights for the Police.

This “pocket book” is designed to provide a readily accessible and portable reference for police committed to the lawful and humane performance of their vital functions in a democratic society. The pocket book contains hundreds of relevant standards, reduced to common language and point-form, and drawn from over thirty international sources.

hr46NATO-DCAF, (2010). Building Integrity and Reducing Corruption in Defence. A Compendium of Best Practices.

This compendium is the product of cooperation between Transparency International UK, the NATO Program for Peace team, and DCAF. The compendium focuses on concepts and tools which ensure good practices in defence management and policy through “building integrity”. Designed primarily as an introduction and reference tool, defence personnel, civilians in the defence sphere, democratic institutions, and civil society will also find materials on building integrity and anti-corruption measures which are relevant to their own security governance activities.

tr2DCAF (2015),Financial Oversight of the Security Sector a Toolkit for Trainers.

This Toolkit is designed for financial oversight practitioners who wish to:

  • Gain access to best international practices in financial oversight of the security sector
  • Improve their professional ability to financially oversee security sector institutions
  • Acquire a more proactive attitude towards conducting thorough financial oversight activities of security sector institutions
  • Assert their authority in scrutinizing budgets and financial operations conducted by security sector institutions.

hr43DCAF (2015), Legislating for the Security Sector Toolkit:  International Standards for Financial Oversight in the Security Sector.

This Toolkit provides readers with easy access to internationally-adopted guiding principles, standards and best practices of financial oversight of security sector institutions. The Toolkit allows readers to:

  • Access key international standards on budgeting and auditing in the security sector;
  • Compare existing practices and regulations in their countries with universally-accepted budgeting and auditing principles;
  • Use the international standards as a basis for proposals to political leaders and members of parliament for reforming the prevailing financial oversight system in the security sectors of their countries;
  • Monitor and evaluate the performance of financial accountability institutions against international best practice.

hr47OECD, UNODC, The World Bank, (2013), Anti-corruption ethics and compliance Handbook for Business.  

The Handbook has been developed to serve as a useful, practical tool for companies seeking compliance advice in one, easy-to-reference publication. The Handbook is divided into three sections. The first section provides an overview of the international anti-corruption framework, within which companies conducting international business must operate. The second section provides a brief introduction to how companies can assess their risk in order to begin developing an effective anti-corruption ethics and compliance programme. The third and most significant section brings together major business guidance instruments.

hr48OECD (2010), Good Practice Guidance on Internal Controls, Ethics and Compliance.  

This Good Practice Guidance is addressed to companies for establishing and ensuring the effectiveness of internal controls, ethics, and compliance programmes or measures for preventing and detecting the bribery of foreign public officials in their international business transactions. Guidelines are also addressed to business organisations and professional associations which play an essential role in assisting companies in these efforts. The publication recognises that to be effective, such programmes, or measures, should be interconnected with a company’s overall compliance framework. This publication is intended to serve as non-legally binding guidance to companies in establishing effective internal controls, ethics, and compliance programmes or measures for preventing and detecting foreign bribery.

hr49OECD (2008), OECD Glossaries. Corruption. A Glossary of International Standards in Criminal Law.

This Glossary explains the key elements required to classify corruption as a criminal act, according to three major international conventions: the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; the Council of Europe’s Criminal Law Convention on Corruption; the United Nation’s Convention against Corruption. The specific purpose of this Glossary is to assist the countries of the OECD Anti-Corruption Network for Eastern Europe and Central Asia in their efforts to reform national anti-corruption criminal legislation according to the requirements of the above-mentioned conventions. This tool seeks to remedy the lack of knowledge about international law and recent developments in international treaties that some national legislators may face. This glossary should be useful for legal practitioners in any country that aims to strengthen international cooperation and domestic rules to fight corruption.

tr3European Partners against Corruption, European Contact Point Network against Corruption (2011), Anti-Corruption Authority Standards.

This document lists ten guiding principles and parameters on the notion of independence of Anti-Corruption bodies. These principles and standards are intended to be aspirational for, rather than legally binding on, organisations. They recognise that there are many different approaches across the world and are, thus, intended to be responsive to the legal and policy frameworks established in individual countries and organisations.

hr50 OSCE Handbook on Combating Corruption. 2016

This handbook is a reference guide on available legal tools, the latest legislative and policy trends, and pertinent measures and practices to prevent and suppress corruption. The handbook is aimed at raising awareness of the range of international instruments available to national policymakers and anti-corruption practitioners.

hr51 OSCE Security Sector Governance and Reform Guidelines for OSCE Staff. 2016

These guidelines provide OSCE staff with advice on supporting cross-dimensional approaches to security sector governance and reform (SSG/R). The purpose of such approaches is to promote a move away from the kind of fragmented support which has a limited impact and towards the practice of building on cross-dimensional synergies. This is done in order to provide coherent and effective support for the pursuit of common strategic SSG/R objectives. While the guidelines are designed for the use of OSCE staff, they may also be of relevance to other national and international actors seeking to enhance their support in the field of SSG/R.

Key source:

DCAF, Legislating for the Security Sector.

The Security Sector Legislation of Ukraine (2017 update)

This comprehensive collection of Ukrainian legislation on the Security Sector serves two purposes: it gives Ukrainian and Western experts an overview of what legal documents already exist in Ukraine; and serves as a tool for identifying possibilities f … read more

Anti-Corruption Measures in Ukraine after the Revolution of Dignity: Key Legislative Aspects

In October 2014, the Verkhovna Rada of Ukraine (the Ukrainian Parliament) adopted new legislation on an Anti-Corruption Strategy for 2014-2017, the National Anti-Corruption Bureau (NABU), and the National Agency for the Prevention of Corruption (NAPC), … read more

Democratic Civilian Control and Military Crisis in Ukraine: Legislative Aspects

The events of 2014 underlined key challenges facing the oversight of the security sector in Ukraine. As a result, a series of legal amendments were initiated on a preliminary basis in order to address democratic control and security sector reform issue … read more

Democratic Civilian Control over the Security Sector: Comparative Legal Documents

This publication provides a broad range of examples of national legislation as well as international conventions and instruments related to the democratic oversight of the security sector. The product is designed for stakeholders’ easy reference, be th … read more

Women in the Ukrainian Security Sector: Legislation and Current Practices

This preliminary study performed by the Institute of Gender Programs and the Center for Army, Conversion and Disarmament Studies (CACDS), with financial support from DCAF, presents an analysis of the basic legislation regulating military service of wom … read more

Legislating for the Security Sector Toolkit: Police Legislation Model: Republic of South Africa Police Service Act 68, 1995

This booklet contains the South African Military Discipline Supplementary Measures Act in its original form as well as its articles reorganised by topic. This allows legislators to easily identify the specific subjects that need to be covered in such a … read more

Legislating for the Security Sector Toolkit: Police Legislation Model: The Japanese Police Law and The Police Duties Execution Law

This booklet contains the Japanese police legislation in its original form as well as its articles reorganised by topic. This allows legislators to easily identify the specific topics that need to be covered in a police law and compare between differen … read more

Legislating for the Security Sector Toolkit: Police Legislation Model: The Swedish Police Act

This booklet contains the Swedish police law in its original form as well as its articles reorganised by topic. This allows legislators to easily identify the specific topics that need to be covered in a police law and compare the different models.

Legislating for the Security Sector Toolkit: The European Code of Police Ethics

This toolkit contains the European Code of Police Ethics accompanied by commentaries and recommendations. The European Code of Police Ethics together with the Guidebook on Democratic Policing (OSCE) and the Ten Basic Human Rights Standards for Law Enfo … read more

Legislating for the Security Sector Toolkit: The Colombian Military Criminal Code

This booklet contains the Colombian military criminal code reorganised by topic. This allows legislators to easily identify the specific topics that need to be covered in such a law and compare between different models of laws.

Legislating for the Security Sector Toolkit: Understanding Military Justice

The objective of this guide is to provide readers with essential information about the function and principles of military justice in a democratic society. The guide also focuses on policies and the role of different stakeholders in shaping legal and i … read more

Legislating for the Security Sector Toolkit: The Canadian Security Intelligence Service Act

This booklet contains the Canadian Security Intelligence Service Act in its original form as well as the provisions of this legislation which are reorganised by topic. This allows lawmakers to easily identify the specific subjects that should be covere … read more

Anti-Corruption Authority Standards

This document lists ten guiding principles and parameters on the notion of independence of Anti-Corruption bodies. These principles and standards are intended to be aspirational for, rather than legally binding on, organisations. They recognise that th … read more

Legislating for the Security Sector Toolkit: International Police Standards guidebook on Democratic Policing

This toolkit contains international standards and principles of democratic policing. The guidebook is designed to assist OSCE staff dealing with police and law-enforcement issues as well as police practitioners and policy-makers working to develop and … read more

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