Deep Dive into How to Rebuild Ukraine's Judicial and Political Institutions after War
Ukraine's post-war reconstruction prioritizes establishing legitimacy before capacity, beginning with a "Phase One" period of 0–3 months immediately following the war. This initial phase is designed to re-anchor fundamental principles and establish guardrails against the abuse of emergency powers.Three key instruments are proposed for this crucial period:• Charter of Public Justice: This is the first instrument, a short, binding framework that clarifies the government's limits and ends. It aims to restore confidence by restating baseline norms like impartiality of judges, equality before the law, prohibition of bribery, due process, and liberty of conscience. It also mandates open justice as the default.• Oath and Ethics Act: The second instrument focuses on personal accountability for public officials. It requires a standardized constitutional oath that explicitly pledges to uphold the Charter of Public Justice. It also mandates annual, publicly searchable asset and interest declarations, forbids gifts above a modest threshold, and imposes meaningful penalties for perjury and influence-peddling.• Continuity Code: As the third instrument, this code republishes core criminal and civil procedures. Crucially, it identifies temporary wartime derogations and ensures each has an explicit, near-term expiry date and requires mandatory legislative review, preventing the normalization of emergency powers.Beyond this initial sprint, the rebuilding of police and prosecution over a 6–24 month horizon is addressed. This effort is built on four pillars, with the fourth pillar being public accountability. This involves establishing an Independent Civilian Oversight Authority, separating Internal Affairs from command chains, creating a national decertification registry for misconduct, ensuring transparency in union agreements, and publishing Justice Dashboards with key performance metrics for law enforcement and prosecution outcomes.
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