Continuing tension in Georgia over contested electoral systems

Continuing tension in Georgia over contested electoral systems

Author(s): Ghia Nodia / Language(s): English

Since June, the center of Georgian politics has moved to the streets and no way back is in sight yet. Everything started on June 20th, when a Russian communist MP Sergei Gavrilov was seen in the chair of the speaker of Georgian Parliament leading a session of the Interparliamentary Assembly on Orthodoxy. This sight outraged many Georgians who long suspected their government of the hidden pro-Russian agenda. They responded with large protest rallies led by non-partisan youth organizations with the participation of political parties.

Georgia, Moldova and Ukraine advance an EU+3 proposition

Georgia, Moldova and Ukraine advance an EU+3 proposition

Author(s): Michael Emerson,Denis Cenuşă,Tamara Kovziridze,Veronika Movchan / Language(s): English

Initiative of the Three. On 5 December in the margins of an OSCE ministerial meeting in Bratislava, the three foreign ministers of Georgia, Moldova and Ukraine handed to the new EU High Representative for Foreign and Security Policy, Josep Borrell, an important Joint Statement. The three states set out in some detail how they invite the EU to work together with them in an EU+3 format to build on their existing Association Agreements (AA), which include Deep and Comprehensive Free Trade Areas (DCFTA), with a “long-term, strategic, forward-looking agenda”.

The art of compromise: Ukraine and Russia agree on a gas transit deal

The art of compromise: Ukraine and Russia agree on a gas transit deal

Author(s): Iryna Kosse / Language(s): English

This December was an important month for the European gas market. This is because the 10-year agreement between Russian Gazprom and Ukrainian Naftogaz to transport natural gas to Europe expires at the end of 2019. There was a high level of uncertainty on whether Ukraine and Russia would be able to reach a new deal without disrupting the gas supplies. Now there are very high chances that a new gas transit deal will be signed by December 29.

Unintended consequences of the Russia-Ukraine gas deal: a collateral benefit for Moldova

Unintended consequences of the Russia-Ukraine gas deal: a collateral benefit for Moldova

Author(s): Denis Cenuşă / Language(s): English

Keywords: Russian gas supply;

The new gas deal between Ukraine and Russia (Euroactiv, 20 December 2019 ), facilitated by the European Commission, offers some short and medium term guarantees for a stable regional gas supply, over the next one to 5 years. The deal could be eventually extended for another 10 years - until 2034. Theoretically, Gazprom is supposed to ship gas to the West, using the Ukrainian gas network, 65 billion m3 in 2020, and down to 40 billion m3 until 2024 ( Unian, 21 December 2019 ). The trilateral gas negotiations between EU, Ukraine and Russia had been going on for 19 months, since July 2018. This difficulty of the negotiations explains the diplomatic excitement of the EU with the achieved deal.

ASSESSMENT OF POLICE INTEGRITY IN BOSNIA AND HERZEGOVINA 2015

ASSESSMENT OF POLICE INTEGRITY IN BOSNIA AND HERZEGOVINA 2015

Author(s): Alma Kovačević,Hamza Višća / Language(s): English

Keywords: police integrity; Bosnia and Herzegovina; police sector; corruption

A question of police integrity in BiH is quite difficult to consider due to the complexity of the police system. The police sector in BiH consists of 16 police agencies at all levels of government and 6 institutions which provide them support or carry out similar activities. This fact makes any research difficult because each police agency could be considered as an individual entity and particular research could be committed for each of them. Generally, findings of the report indicate that neither the legal framework, nor the practice is satisfying to ensure police integrity. In addition to that, the citizens assess police work as very weak and its efforts insufficient in fighting corruption. A very high influence of politicians on the police work still exists; police transparency is not satisfying when it comes to investigation of serious cases of corruption; human resources management and financing require serious reforms to be more functional in the fight against corruption; while both internal and external controls need serious changes to be more independent and functional. This report could help to consider police integrity from important points of view, including legal framework and citizens’ perspective. The report can help make a comprehensive study and a deeper analysis of each chapter.

Trade geography of Ukraine in 2019: declining Russia, rising China, slowing EU

Trade geography of Ukraine in 2019: declining Russia, rising China, slowing EU

Author(s): Veronika Movchan / Language(s): English

The year 2019 witnessed new developments in the geography of Ukraine’s trade in goods. Although the official annual statistics has not been released yet, trends have been very clear already, and they are not fully in line with prior expectations. There are three major changes. First, Russia lost its leader position among individual countries – trade partners of Ukraine. Second, China has become the leading partner instead. Third, the trade in goods with the EU slowed considerably. Below we consider these developments in more detail.

ASSESSMENT OF POLICE INTEGRITY IN KOSOVO 2015

ASSESSMENT OF POLICE INTEGRITY IN KOSOVO 2015

Author(s): Plator Avdiu,Skender Perteshi / Language(s): English

Keywords: police integrity; Kosovo; police sector; corruption

The Kosovo Police is ranked by the citizens of Kosovo among the most trusted institutions; however, its independence and integrity require further improvement. There have been several occasions when the Minister of Internal Affairs, albeit indirectly, commented on police operations; this was noticed particularly during the 2015 protests in Kosovo against the Government. This raises the issue of depoliticization of the police force, as well as claims that the latter is influenced by the executive power. As regards other components of integrity, the Kosovo Police still does not possess the ‘integrity plan’ which would guide the most fundamental principles on enhancing accountability, impartiality and honesty. Bearing in mind that members of the police force are among the oldest in the region when it comes to average age, the early retirement of approximately 1,000 police officers and the recruitment of new ones will represent quite a challenge. There is also a need for better cooperation between the Kosovo Police and the State Prosecutor’s Office, the strengthening of professional capacities and human resources of the Police Inspectorate of Kosovo needed for inspecting and investigating the police, and for better supervision of the police activities by external oversight institutions, the Assembly of Kosovo in particular. This report aims to assess the integrity within the Kosovo Police and to address the key problems and challenges. Progress and regress in relation to police integrity is measured through six sections or indicators: the transparency of police work, the influence of political interests on the operational work of the police, human resources management, financial management, internal control and external oversight of police work. Given that this is a comprehensive study, it provides a qualitative analysis of the relevance of integrity principles, with the aim of keeping the Kosovo Police accountable, honest and ethical. The study revealed six major findings. (i) In general, the Kosovo Police is transparent in terms of providing information to the media and the public. The police Information and Public Relations Office is in charge of conducting all the activities related to transparency. However, the police are far from being perfect in this context. There should be far less bureaucracy when it comes to access, statistics, data and detailed information about its work. Therefore, the Kosovo Police should be more proactive to ensure its timely transparency concerning the requests from media, non-governmental organizations and other relevant parties.

Overview of FDI trends in Georgia before and after the DCFTA

Overview of FDI trends in Georgia before and after the DCFTA

Author(s): Tamara Kovziridze / Language(s): English

Keywords: EU ad Georgia;

Since September 2014 the Deep and Comprehensive Free Trade Area (DCFTA) entered into force between the EU and Georgia. Georgia is gradually implementing EU requirements in various areas identified in the agreement that brings Georgian regulations in line with the EU. One of the anticipated key benefits from the DCFTA, besides increased and diversified trade between the EU and Georgia, is increased FDI. This article briefly analyses foreign direct investment trends in Georgia before and after the entry into force of the DCFTA. The aim is to see whether the DCFTA has played the role of a game-changer in the first four years of DCFTA implementation.

ASSESSMENT OF POLICE INTEGRITY IN MONTENEGRO 2015

ASSESSMENT OF POLICE INTEGRITY IN MONTENEGRO 2015

Author(s): Dina Bajramspahić,Mario Sošić / Language(s): English

Keywords: police integrity; Montenegro; police sector; corruption

The integrity of the police in Montenegro has been compromised. The problems of bribery and misuse of office do not stand alone; there is also excessive use of force, passive professional behavior, extortion of statements, and political activity. Corruption is the second most common association of Montenegrin citizens when they are asked about the police, right after “security, safety and the protection of citizens,” and only 12 percent of the citizens believe that corruption does not run rampant in the police force of Montenegro. For the above reasons, the integrity of the police must become one of the priority areas of strategic further development of this service. There is a complex system of internal and external control of the police, which is characterized by insufficient cooperation and information exchange between the authorities in charge of oversight, insufficient effects of their controls, conclusions and recommendations, and by the citizens’ dilemma concerning the right authority to which to report abuse, corruption or overstepping of police powers, resulting from presence of too many actors. Although some progress has been made, supervisory authorities have not yet achieved necessary efficiency in the implementation of their powers. Reform of the Montenegrin police began shortly before the referendum on independence, through the enactment of the new Law on Police in October 2005. The Law on Internal Affairs of 2012 brought the Police Directorate back under the aegis of the Ministry of Interior, which resulted in reduced independence of the police concerning management and decision-making in many areas, from human resources and finance, to transparency. In this report we have presented the results of a study which aims to contribute to the improved functioning of the police, and increase the public trust and confidence in its work, which - as in all the Balkan countries – stands at quite a low level. The report is divided into six thematic sections: the first three relate to the issues of transparency, depoliticisation and management of human resources. The following three chapters deal with financial management and public procurement and the repressive measures for establishing the liability of employees, and analyze the work and results of all the actors in charge of internal and external control of police work. Each chapter is followed by recommendations for improvement within the specific area.

ASSESSMENT OF POLICE INTEGRITY IN SERBIA 2015

ASSESSMENT OF POLICE INTEGRITY IN SERBIA 2015

Author(s): Alisa Koljenšić Radić / Language(s): English

Keywords: police integrity; Serbia; police sector; corruption

The integrity of the police in Serbia has been compromised. Only four percent of Serbian citizens believe that there is no corruption in the police force. The fight against corruption in the police became a “target” of the European Commission because the police has been identified in the Screening Report for Chapter 23: Judiciary and Fundamental Rights as a particularly sensitive area when it comes to corruption. Only one out of 23 Anti-Corruption Strategy activities listed in the Action Plan under section “Police” was implemented in full and within the set deadline. All this indicates the presence of a problem of accountable policing. Ministry of Interior has recognized the problem of compromised integrity of the police, and that is good. New strategic MoI priorities have been established: strengthening the accountability of the police and the internal control mechanisms to suppress corruption in police ranks. Consequently, the police reform in 2015 was marked by (i) drafting the new Law on Police, which will introduce new anti-corruption measures such as verification of the property of police officers in leading positions, and (ii) the establishment of an effective human resources management system in the MoI. The seriousness of this job may also be gleaned from the fact that adoption of the new Law on Police had been proposed three times already during this year, and that the new Human Resources Sector, as the main proponent of reform in this area, has yet to become operational even though changes in the human resources management had begun four years ago. This Report presents the results of monitoring the integrity of the police service in Serbia. Research indicates whether and to what extent the MoI and the police are behaving responsibly, i.e. whether the established strategic objectives and statutory functions are implemented in practice. The study offers an analysis of the integrity of the police using specific methodology for assessing the integrity of the police in six areas in which legal and practical weaknesses that may jeopardize such integrity have been examined: the transparency of police work, the influence of political interests on the operational work of the police, human resources management, financial management, internal control and external oversight of police work. Special emphasis was placed in the Report on the analysis of the solutions contained in the Draft Law on Police

Corruption Perception Index 2019: Thinking about Ukraine

Corruption Perception Index 2019: Thinking about Ukraine

Author(s): Igor Burakovsky / Language(s): English

Keywords: corruption;

According to new Corruption Perceptions Index (CPI) 2019 published by Transparency International, Ukraine scored 30 points out of 100. It means that Ukraine gone back to the level of 2017 and now ranks 126th out of 180 countries alongside Kyrgyzstan, Azerbaijan and Djibouti. These results are more or less consistent with the domestic perception that during last two years the “internal anti-corruption drive” has significantly lost its momentum. It took a lot of time and efforts to create the system of special anti-corruption agencies such as National Anticorruption Bureau of Ukraine (NABU), the National Agency on Corruption Prevention (NACP), Specialized Anticorruption Prosecutor’s Office (SAPO) and High Anticorruption Court. However, their failure to act efficiently prompted the necessity to “re-launch” this system. The new Parliament rapidly adopted new laws on the NACP and the State Investigation Bureau. Even in a best-case scenario, these re-launched anti-corruption bodies will still need two-to-three years for fine-tuning to become up and running at full capacity, and for their political independence to be effectively preserved.

ASSESMENT OF POLICE INTEGRITY IN ALBANIA 2016

ASSESMENT OF POLICE INTEGRITY IN ALBANIA 2016

Author(s): Besjana Kuci,Eranda Begaj / Language(s): English

Keywords: police integrity; Albania; police sector; corruption

The adoption of the judicial reform package in July 2016 has been marked as the first concrete step in strengthening the rule of law and progress towards the European pathway. It goes without saying that the judicial reform is considered a panacea in the fight against corruption at all levels. Yet, in Albania, experience has proved that the enactment of legislation does not always match its implementation and that political will does not always coincide with genuine commitment to overcome the status quo. Hence, the focus on the judicial reform has virtually eclipsed police integrity concerns. Corruption is still largely widespread in many areas despite the anti-corruption measures in place. In this regard, this report aims to assess police integrity and examine its compliance with the principles of good governance and accountability. During this year police integrity has been compromised by problems of bribery and misuse of office, excessive use of force, passive professional behaviour and allegations of links to drug trafficking. Therefore, police integrity must become one of the priority areas of further strategic development of this service. There is a complex system of internal and external controls of the State Police (SP) in place, but it is characterised by insufficient cooperation and information exchange between the authorities in charge of oversight as well as insufficient implementation of their conclusions and recommendations. Moreover, the citizens tend to be confused about the proper channels and authorities to whom to report corruption or misconduct, as a consequence of presence of too many actors. Although some progress has been achieved, mainly with regard to the adoption of the legal framework on anti-corruption, oversight authorities have not yet achieved necessary efficiency in the implementation of their powers. The Law on SP of 2014 has been followed by the endorsement of a legislative package including the new State Police Regulation (2015), the Strategy on Public Order 2015- 2020 and its Action Plan 2015-2017 that lay down statutory gurantees concerning the prevention of corruption within the State Police. Moreover, the Law on Internal Affairs and Complaints Service, enacted in 2014, repealed the former Law on Internal Control Service. This Law had provided explicit provisions with regard to the fight against corruption in the police.

ASSESMENT OF POLICE INTEGRITY IN KOSOVO 2016

ASSESMENT OF POLICE INTEGRITY IN KOSOVO 2016

Author(s): Plator Avdiu / Language(s): English

Keywords: police integrity; Kosovo; police sector; corruption

Kosovo Police has built its own internal governing mechanisms, especially related to internal control. However, there is still a lot to be done to make all those mechanisms more professional and stronger, and build the institutional integrity in order to prevent and fight police corruption. It seems that the main challenges that Kosovo Police faces are human resource management, the internal reform process, public procurement and prevention of abuse of official duty by the police officers. The need to professionalize KP’s human resources raised the need to undertake reforms in this institution of security starting from early retirement of police officers, which has not begun as a process yet. Weaknesses have been identified regarding updates of the files of KP’s personnel. Work performance assessment does not take place regularly for the police employees. In addition, the Kosovo Police personnel does not have any health insurance or life insurance in their workplace, which may harm its human resources. Public Procurement is another field where Kosovo Police should focus. It should pay special attention to legal procedures as defined by the Law on Public Procurement for the supervision of contracts and different projects, which get implemented by economic operators. Similarly, relevant institutional mechanisms should be strengthened in order to avoid those weaknesses reported regarding the process of preparation of tender documentation. Kosovo Police jointly with the Kosovo Police Inspectorate should closely collaborate to draft and implement policies in the area of prevention and combating police corruption. In this regard, lack of a Kosovo Police Integrity Plan, and lack of an action plan for its practical implementation, may harm all efforts to strengthen police integrity. Meanwhile, the role of Kosovo Police Inspectorate to supervise the Kosovo Police should be active, specifically related to the inspection and investigation of police officers, including those in high ranks and at the management level of the Kosovo Police.

The international democratic community, watching Georgia, aghast at Bidzina Ivanishvili's behaviour

The international democratic community, watching Georgia, aghast at Bidzina Ivanishvili's behaviour

Author(s): Ghia Nodia / Language(s): English

Keywords: Rule of Law in Georgia:

Many Georgia observers agree that Bidzina Ivanishvili’s government and ruling party Georgian Dream (GD) has never been under such intense criticism from the international democratic community as now. Maybe, none of its predecessors either has ever been subject to such criticism. The criticism comes from both the US and the Europeans. The two most important issues concern Georgia's electoral system and the recent arrest of Gigi Ugulava, a leader of European Georgia, a major opposition party. On February 12-13, for the first time in its history, the EU-Georgia Parliamentary Committee failed to adopt a joint statement. This is a sign of a crisis in relations between the EU and Georgia. The question to be asked is: How far can this criticism influence the behaviour of the Georgian government? And there is another one: being under such a strong barrage of criticism, will the Georgian government maintain its commitment to European integration?

ASSESMENT OF POLICE INTEGRITY IN MACEDONIA 2016

ASSESMENT OF POLICE INTEGRITY IN MACEDONIA 2016

Author(s): Magdalena Lembovska,Filip Stojkovski / Language(s): English

Keywords: police integrity; North Macedonia; police sector; corruption

The Parliament provides basic oversight and control of the police. The Committee on Security and Defence, as a parent committee in charge of security-related issues, mainly deals with discussing draft legislation. The Standing Inquiry Committee for Protection of Civil Freedoms and Rights, which is authorised to review communications from citizens and whose findings could be used as grounds for initiating a procedure for accountability of public office holders, has not had any track record since establishment. At the same time, the existing oversight mechanisms, such as holding oversight hearings, remain underused. On the other side, members of the Parliament make good use of parliamentary questions. On paper, the Ombudsman is well positioned within the Macedonian institutional setup; however, he is faced with obstructions from the institutions in fulfilling his mandate and lack of cooperation with the Internal Control Unit of the Ministry of Interior and the Public Prosecutor’s Office. It should be noted that the Ombudsman has noted an increase in policy brutality and a decrease in the protection of human rights and freedoms. In regards to internal control, the Department for Internal Control, Criminal Investigations and Professional Standards has undergone structural changes that should allow greater authority and a better delineation between preventive and reactive work. The number of decisions taken in favour of citizens in the cases of excessive use of force remains very low, which undermines public trust in this body. Also, there have been allegations of politicisation of the work of the unit. The adoption of the Law on Whistle-Blower Protection represents a positive development. Still, the Law needs to be amended to become more precise, and the institutions involved in the process of whistle-blower protection need to be equipped with necessary resources (human, technical, financial) in order to be able to perform. As for the prevention of conflict of interest, the State Commission for Prevention of Corruption needs to overcome certain structural deficiencies, including lack of independence, in order to be recognised as an independent oversight mechanism.

ASSESSMENT OF POLICE INTEGRITY IN MONTENEGRO 2016

ASSESSMENT OF POLICE INTEGRITY IN MONTENEGRO 2016

Author(s): Authors Various / Language(s): English

Keywords: police integrity; Montenegro; police sector; corruption

The second assessment of the institutional integrity of the police, prepared by a team of researchers of the Institute Alternative, analyses the following: the methods used by the system to resist irregularities and illegalities in the work of police officers, how the system responds to the observed irregularities, and especially the problems faced by the actors in charge of controlling the police in their attempts to achieve efficiency. The analysis covers the period from November 2016 to November 2017 and builds on the results of previous research.1 In this report we have presented the key novelties, changes and improvements, but also the negative practices and obstacles to efficient work, with the intent to make a contribution to improving the functioning of the police and increasing public trust and confidence in its work, the level of which – much like in other Balkan countries – happens to be very low.2 The report has five chapters. The first chapter is devoted to bodies that perform external oversight of the police. There are five of them in Montenegro: the Assembly of Montenegro, the Council for Civil Control, the Protector of Human Rights and Freedoms, the Agency for Protection of Personal Data and Free Access to Information, and the Anti-Corruption Agency. The two following chapters are titled Human Resources Management and Financial Management, while the last two are devoted to internal control in the broader sense (made up of the Internal Control Department, the Disciplinary Commission, the Ethics Committee, and the heads of organisational units of the police), and finally, to the criminal liability and the work of judicial authorities.

Does Moldova remain pro-EU, in Russia’s shadow?

Does Moldova remain pro-EU, in Russia’s shadow?

Author(s): Denis Cenuşă / Language(s): English

The path towards European integration in Eastern Europe moves away from the standardized binary “black-and-white” conventional geopolitical thinking. According to this view, advocating friendship with Russia does not mean converting a government into an anti-EU player. Instead, this amounts to a more nuanced and pragmatic relationship, less romanticized on both sides.

ASSESSMENT OF POLICE INTEGRITY IN SERBIA 2016

ASSESSMENT OF POLICE INTEGRITY IN SERBIA 2016

Author(s): Authors Various / Language(s): English

Keywords: police integrity; Serbia; police sector; corruption

The fourth assessment of the police integrity in Serbia covers the period from December 2015 to December 2016. To ensure the basic role of the police – maintenance and improvement of the safety of citizens – the Belgrade Centre for Security Policy has been regularly examining the integrity of the police since 2012. In addition to the above, the police are legally obliged to fight corruption, among other things, and they cannot successfully perform this task if they do not have the integrity necessary to prevent their own personnel from becoming susceptible to corrupt behaviour. The integrity assessment opens up a discussion of the abuse of police powers, corruption in the police force, and misconduct of police officers. Studies conducted in various democratic countries show that management of the police and police culture are the most important factors that influence the officers’ behaviour. Therefore, the focus of this study is to assess the institutional integrity of the police, i.e. the effectiveness of the reform and managerial moves in the police aimed at making it an accountable and transparent service oriented towards the citizens. We did not analyse whether the reforms at the organisational level have produced effects at the level of individuals, or if they have changed the police culture, as we have not had access to data required for this level of analysis. The research methodology was improved, compared to the last year's study. Two areas – transparency and management – which have been studied in detail in 20151 now represent integral parts of each field of integrity observation. Within them, we analysed the steps forward as well as the problems, in both legal and practical terms. Based on this methodology we have identified five areas of integrity observation: 1) external oversight, 2) police accountability, 3) human resources management, 4) financial management, and 5) criminal accountability. The last area is completely new and it served to assess a formal possibility for criminal prosecution of members of the police force for their corruption activities.

How Ukraine is to handle Intellectual Property Rights in its Customs procedure

How Ukraine is to handle Intellectual Property Rights in its Customs procedure

Author(s): Andriy Butin / Language(s): English

Keywords: intellectual property rights;

Protection of intellectual property rights (IPR) is one of the most pressing issues in the Ukrainian economy, which significantly influences a country's relations with its international partners. The Association Agreement with the EU aims to strengthen the IPR system, in particular, to improve IPR enforcement when moving goods across borders. Stronger IPR protection, in turn, requires the introduction of an international or national principle of the ‘exhaustion’ of IPRs upon the import of goods. However, the Association Agreement does not define which principle to choose. According to Art. 160, the Parties are entitled to establish their IPR regime, aligned on the provisions of the TRIPS Agreement. Thus, Ukraine may, at its discretion, decide this issue. And it will not be easy. Until October 2019, the legislation did not clearly define which principle is applied in Ukraine.

The End of the Honeymoon for Ukraine’s Zelensky

The End of the Honeymoon for Ukraine’s Zelensky

Author(s): Artem Remizov / Language(s): English

While the whole world is fighting the global Coronavirus pandemic, Ukraine is also experiencing a political shake up. On 4 March the Parliament dismissed Prime Minister Oleksiy Honcharuk and his government after just six months in office without objective justification.2 It followed this by sacking the Prosecutor General whose work had been praised by Ukraine’s international partners. The president’s team also made a first step towards recognition of Russia-supported separatist Donbas‘republics’ through their (possible, not yet confirmed) inclusion in Minsk talks. As a result, Ukraine has entered into another period of uncertainty what has already led to an increase in interest rates on Ukrainian sovereign bond. The present note chronicles these developments and their implications.