The President of Ukraine
Mr. Volodymyr ZelenskiiDear Mr. President!We, representatives of civil society, expert organizations and the Ukrainian diaspora, have formed the Council of Civic Oversight over the implementation of the Annual National Program under the auspices of the Ukraine-NATO Commission. We address you on the basis of the following provisions:
Preserving the irreversibility of Ukraine’s Euro-Atlantic course is a nationwide affair that consolidates Ukrainian society. For Ukraine, NATO membership is a matter of both national security and the country’s values. Recently, the rhetoric of the Russian Federation has been full of aggression and ultimatums against Ukraine’s Euro-Atlantic efforts and aspirations. Accelerating Ukraine’s move towards NATO membership is the best response to these threats.
The NATO Summit in June 2021 in Brussels reaffirmed Ukraine’s roadmap for NATO. Thus, the Annual National Programs under the auspices of the NATO-Ukraine Commission (NATO) are a key element of this roadmap, recognized by the Alliance itself. Ukraine needs to make the ANP an effective tool that will bring it closer to obtaining the NATO Membership Action Plan. To do this, it is necessary to revise the formation principles and algorithm of Annual National Programs, namely:Formulate ANP according to the goals and tasks, contrary to recent practice of the inter-institutional coordination document;
Concentrate upon select number of the important institutional changes and abandon the practice of listing of the current activities of ministries into ANP;
Assemble the ANP within a single institution by a single team;
Include representatives of the civic society into the preparation and assessment of ANP;
Make reporting on the ANP implementation public.Considering the level of importance of ANP, civic society representatives created the Committee for Civic Oversight of the Implementation of ANP under the auspices of NATO-Ukraine Commission (CCO). The aim of CCO is to coordinate the efforts of the civic society in order to control, evaluate and aid the state institutions during their work with ANP. To fulfill this goal, an expert polling was held in December, 2021, regarding the priorities of the ANP for 2022. During the discussions and consultations, the following priority proposals to be included into ANP text in 2022, were drafted, to be signed by the President of Ukraine after January 31th, 2022. (Please see Annex 1):
Large-scale reform that, in particular, requires cancellation of the law-enforcement and military status of the SSU and turning it into the special counterintelligence body; limiting of the range of the cases to be investigated by SSU; abandoning of the anti-corruption and economic crimes investigations function; halting the attempts to enlarge the field of responsibility of SSU claimed to be the response to the new threats; new selection and career promotion of human resources, including unprofessional and non-meritorious employees. A separate dimension is the creation of the parliamentary intelligence oversight committee.
The first priority is election of the NABU Director according to the legislation requirements; sustaining the institutional independence of the Office of the Special Anti-Corruption Prosecutor; guarantees of the non-intervention into the investigations of NABU and SAP and the jurisdiction of the High Anti-Corruption Court; de-politicizing of the process of selection of candidates for positions of Prosecutor General and the Chair of the Special Anti-Corruption Prosecutor’s Office.
In order to reform the judiciary system, the composition of the High Council of Justice shall be relaunched; monitoring of the way of living of the judge’s lifestyle, including the legality of the origin of assetthe sources of property and funds; implementation of the criminal responsibility of judges for arbitrary the illegal actions during adjudicationthe justice process; renewing of the High Qualification Commission of Judges with the renewed membership, whichthat areis trusted by society; reorganizing of the local courts into the system of circuit district courts and creation of the magistrates courts and the juries; ensuring independent and objective case hearings with the top governmental institutions (including liquidation of the District Administrative Court of Kyiv); reforms of the higher law education in order to increase its quality. It is recommended to adoptvote on a new law on the complex selection procedure of the judges to the Constitutional Court.
The reform is meant to transform the management of the defense resources using PPBEA system (planning, programming, budgeting, execution, assessment) according to the NATO standards; creation and implementation of the full life cycle management of the weapons and military assets according to the NATO standards, including support and utilisation. A launch of the new unit within the Ministry of Defence is suggestedsuggensted, which should be responsible for shaping of the defence procurement policy for the defense and security sector and would fulfil the major role of the MoD according to the Law “On Defense Procurements”. Also, the decreasing of the secrecy levels of the defense procurement is suggested, as well as limiting the secrecy level of the facts and the value of the procurements, as well as the information regarding the suppliers, as well as declassification of the state defense procurement contracts already implemented.
National resilience increase is suggested by the creation of the necessary resources of energy materials needed to manage the 2022-23 winter season (natural gas – no less than 19 cubic meters; coal – no less than 3 mln tonnes), as well as immediate correction of the national legislation in accordance with the Law “On Critical Infrastructure”. Regarding the logistical support of the Armed Forces of Ukraine, an additional reserve of the fuel is suggested to sustain a continuous military action; consultations with the NATO Energy Security Center of Excellence in order to create an efficient system of energy resources management in the circumstances of the military actions.
This reform is about providing transparency, financial and operational independence of the Anti-Monopoly Committee of Ukraine; strengthening of the powers of the AMCU (physical search and confiscation of the documents in order to receive information and to exchange information with law-enforcement bodies and other institutions). Providing of the AMCU decision with the status of the executive documents; implementation of the mechanism of the AMCU Head and the state representatives selection as competitive and protected from the political influence; creation of the institute of the collective claims in order to provide customers with the efficient mechanism to protect their rights.Aside of those suggestions, civic society and expert community are requesting Cabinet of Ministers to:
According to the current Regulation on ANP, the Government of Ukraine is to offer an ANP draft along with the draft of the Presidential decree for the President to sign. So, there is a legal opportunity to include those suggestions into the ANP for 2022.
Both for civic society and international partners it is important to be convinced that the intentions of the Government to integrate Ukraine into NATO are genuine and result-oriented. The best way to dissolve the doubts is to have civic society as a partner in formulating and assessing ANP, confirming declarations of the officials with specific actions on the request of the civic society.Let us ask to take into account the suggestions made by CCO and give an order to include the following proposals into the draft of the ANP for 2022.Please send us the information, based on our right to receive response upon Law “On Citizen Inquiries”, providing us a written response to the following address: Kyiv, Yaroslaviv Val Str., 9, and eth e-mail email@example.com.Annexes:
The appeal is supported by: