of Interior of Ukraine Аcademician Bogomolets St., 10, Kyiv, 01601, Ukraine
of development of the Ministry of Internal Affairs of Ukraine 2020
Creating unified, stable and functional system of civil security agencies as part of national security sector is essential for the steady development of Ukraine.
Modern challenges and threats, first of all hybrid, due to the influence of a complex of socio-demographic, economic, political, legal, psychological and technological factors, require a systemic response, an adequate transformation of both the entire security sector and the internal affairs system in particular, as well as the inclusion of this systems in the sphere of political priorities of the state. The systemic nature of Russian aggression, as well the economic factors require a review of approaches for ensuring stability of law enforcement and security area.
Under such circumstances, the role of the Ministry of Internal Affairs of Ukraine is to create conditions for the development of safe environment as the basis for security in Ukraine, as well as to form a modern system of internal development to constrain the further spread of Russian aggression.
In the process of implementing the Development Strategy of the law enforcement agencies, which has been approved by the Cabinet of Ministers of Ukraine since 22 October 2014, the Ministry was reformed into a management body in the system of central executive authorities, which defines public policy in the following areas:
- Ensuring protection of rights and fundamental freedoms of people, interests of society and the state;
- Counteracting crime;
- Ensuring public security and order;
- Providing police and administrative services;
- Protecting the state border and the sovereign rights of Ukraine;
- Preventing emergencies and liquidating their consequences;
- Migration and citizenship issues.
Discarding the status of a “Ministry of Milition”, MoIA became a multifunctional civil institution of European type, which coordinates professional agencies in realization of public policy in internal security sector. Thus the objectives of political management and of professional law enforcement activity in the internal affairs sphere were delineated. This approach is fundamental for the further development of the system of the MoIA agencies.
AREA OF RESPONSIBILITY OF MoIA
The area of responsibility of the MoIA applies to a complex system of public relationships.
MoIA defines the public policy and coordinates its further implementation by the National Police of Ukraine, the State Emergency Service of Ukraine, the State Border Service of Ukraine, the State Migration Service, the National Guard of Ukraine, Head Service Center of MoIA as well as territorial agencies, organizations and institutions which work in internal affairs sector (hereinafter – the MoIA system).
The basic needs and proper functioning of the Ministry of Internal Affairs are provided by higher education institutions with specific educational conditions, health care facilities, enterprises, research and development centers and scientific institutions.
The key challenges that the MoIA system is facing are directly connected with the area of responsibility: to ensure the security of the citizens, capabilities in counteracting the criminality, to provide transparent and effective services to the society.
THE GOALS OF THE STARTEGY
The goals of this Strategy are to create a safe environment for the existence and development of a free society through the formation and implementation of state policy in the area of internal affairs, strengthening the confidence to the agencies of the Ministry of Internal Affairs from society, and the further development of Ukraine as a safe European state based on the interests of its citizens and high efficiency of all components of the Ministry of Internal Affairs.
APPROACHES TO IMPLEMENTATION OF THE STRATEGY
The realization of the Strategy’s goals require concentration of resources and efforts within the priorities of the public policy areas and the development MoIA system.
The implementation of the Strategy will consist of sequential steps based upon optimal decisions made with consideration of positive experience and best practices of the leading countries of the world. Also, the reforming process must not interfere with the sustainable functioning, manageability and effectiveness of the agencies of MoIA system.
The Ministry of Internal Affairs will ensure the realization of the goals of the Strategy in accordance with the basics of the Constitution of Ukraine, the laws of Ukraine, and will coordinate the content of the measures with other state strategic decisions. Thus, within the competence of the Ministry of Internal Affairs will ensure the implementation of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, the National Security Strategy of Ukraine, approved by the Decree of the President of Ukraine from May 26, 2015 № 287, Concepts of the development of the security and defense sector of Ukraine, approved by the Decree of the President of Ukraine of March 14, 2016, No. 92, Strategy for the reform of public administration for 2016-2020, approved by the order of the Cabinet of Ministers Nine of Ukraine from June 24, 2016, No. 474-p.
In addition, the Interior Ministry will promote the implementation of European integration policy in the field of internal affairs and achieve the criterias necessary for gaining Ukraine's full membership in the NATO.
The Ministry of Internal Affairs will ensure the realization of the objectives of the Strategy, guided by the following approaches:
SERVING THE SOCIETY
Ensuring the human rights and freedoms as a key value in the activity of the agencies of MoIA system;
Realization of functions by the agencies of MoIA system, based on the needs and expectations of a person
ACCOUNTABILITY AND CIVIL CONTROL
Development of MoIA as main mechanism of civil control over the agencies of MoIA system;
Strengthening the civil control mechanisms over the agencies of MoIA system;
Openness and transparency of the processes of preparation and decision making within the MoIA system.
INVOLVING THE SOCIETY IN CREATING THE SECURE ENVIRONMENT:
Close cooperation with territorial communities and society as a whole;
Creation of partnership mechanisms with civil society institutions;
Intolerance to corruption.
MODERN GOVERNANCE PRACTICES
Introduction of innovative decisions and state policy tools;
Usage of successful international practices and assistance in the implementation of pilot projects;
Management and reasonable delegation of authority in order to create a supportive environment for decision making, initiative and cooperation;
Development of social competence and personnel feedback system.
INFORMATIZATION OF ACTIVITIES
Increasing the efficiency of the MoIA agencies’ performance and cooperation though maximizing the usage of informational-communication technologies in the implementation of the tasks by the agencies of MoIA system.
STRATEGIC PRIORITIES OF THE MOIA OF UKRAINE
The development strategy of the Ministry of Internal Affairs until 2020 is a vision of the development of the agencies of the Ministry of Internal Affairs, as an integral part of the national security sector of Ukraine, and defines the following priorities of their activities:
• Safe environment;
• Counteracting crime;
• Compliance with and enforcement of human rights by the bodies of the Ministry of Internal Affairs;
• Effective integrated border management and a balanced migration policy;
• Quality and accessibility of services;
• Effective governance, transparency and accountability;
• Development of human resources and social protection of workers.
THE EXPECTED RESULT
Safe living environment, ensured by the work of the agencies of MoIA system, focused on the needs of the local population, rapid and competent response to emergencies and incidents, prevention and active participation of citizens.
• Complicated high criminal situation in the country, caused by the high level of corruption, organized crime, economic instability, new types of threats and crimes as the result of the military aggression from the side of the Russian Federation;
• Absence of a unified and optimal rapid response system to the reports from the citizens, based on new technological solutions;
• Inadequate response time to emergencies due to considerable distance between points of dislocation of the emergency services and the locations where emergencies happen;
• Critical situation with traffic incidents and their heavy consequences;
• Imperfection of the local security infrastructure, limited possibilities of video surveillance, low level of development of public emergency warning system;
• Excessive regulatory influence on the entities of the inspection bodies of the Ministry of Internal Affairs;
• Low involvement of the society in crime and emergencies preventing mechanisms;
• Imperfection of the current legal and normative framework on ensuring the public order and safety during mass events;
• Lack of personal safety skills and understanding of citizens’ active role in the civil security system.
• Development of partnership and social interaction, creation of mechanisms for joint implementation of tasks by the bodies of the Ministry of Internal Affairs and the population, in particular territorial communities;
• Implementation of organizational mechanisms for interaction between the bodies of the Ministry of Internal Affairs with local authorities and self-government, joint preparation of preventive programs and programs for the security of territorial communities;
• Implementation of the principle of community of policing (activities of the system of the Ministry of Internal Affairs for community needs) in the operational and managerial activities of the organs of the Ministry of Internal Affairs;
• Development of district police and patrol police institutes as the first competent level of cooperation with the population;
• Improvement of legal regulation and capacity building of the Ministry of Internal Affairs to ensure public order and security during mass events;
• Increasing the capacity of civil protection forces to prevent emergencies, eliminate their consequences, including during a special period;
• Introduction and development of the emergency assistance system for the population at the single telephone number 112;
• Development of a system for alerting people about emergency situations at the state and local levels;
• Development of a system for preventing emergencies and preventing fires based on the analysis of fire and technological safety risks and insurance services;
• Facilitating the spread of crime prevention through territory planning (сrime prevention through environmental design – CPTED);
• Ensuring traffic safety in the competence of the bodies of the Ministry of Internal Affairs of Ukraine, including by increasing the role of preventive measures, development of the unit of the National Police for the maintenance of roads of international and national importance, the introduction of the fixation of violations of traffic rules in automatic mode;
• Raising awareness and developing the skills of people involved in responding appropriately to emergencies and providing personal security.
• An increase in the level of crime caused by factors of a complex socio-economic situation in the country, internal and external threats to national security in the context of hybrid warfare;
• Low level of effectiveness of preventive measures in the field of counteraction to crime;
• Lack of effective interaction of the subjects of ensuring the national security of Ukraine in the field of combating crime;
• The growth of transnational crime and the need to develop international cooperation in the fight against organized crime;
• Low level of use of analytical tools in counteracting crime and forecasting of corresponding threats;
• Low effectiveness of pre-trial investigation as a result of imperfect legal mechanisms, excessive burden on pre-trial investigation bodies and their lack of completeness.
Strengthening public safety and law and order in the state through the implementation of preventive programs and improving the capacity of the Ministry of Internal Affairs in counteracting crime.
• Increasing the role of preventive activities in the area of counteracting crime and implementing relevant local programs within the framework of a unified policy formulated by the Ministry of Internal Affairs;
• Improvement of the organizational and legal framework for strengthening the fight against organized crime and counteraction to human trafficking, drug crime and cybercrime;
• Introduction of the institute of criminal misdemeanors and new procedural forms for increasing the effectiveness of pre-trial investigation;
• Development and implementation of a unified electronic system for working with data and pre-trial investigation materials in partnership with prosecutors and courts (e-Sass management system) to ensure the continuity and accountability of pre-trial investigation;
• Implementation of the concept of the activities of the Ministry of Internal Affairs system based on the use of various sources of information (Intelligence Led Rolining), the comprehensive introduction of modern criminal analysis systems, including the EUROPOL methodology;
• Provision of the appropriate level of technical and material equipment of pre-trial investigation bodies and the use of modern expert-forensic means in their activities;
• Increasing the professionalism of the employees of the system of the Ministry of Internal Affairs regarding the use of forms and methods of operational and investigative activities;
• Improvement of legislative mechanisms for regulating and controlling the circulation and use of weapons and explosive substances;
• The development and implementation of an optimal witness protection system in Ukraine, along with other public authorities;
• Development of international cooperation in the field of counteraction to organized and transnational crime;
• Development of juvenile justice system in the area of responsibility of the organs of the Ministry of Internal Affairs.
COMPLIANCE AND ENSURING HUMAN RIGHTS BY THE AGENCIES OF THE MoIA SYSTEM
Minimization of human rights and fundamental freedoms violations by the agencies of MoIA system and providing access to efficient mechanisms for the restoration ofrights.
• A violation of the balance between the provision of security and the observance of human rights in favor of state security as a result of increasing the threats level to the national security and territorial integrity of Ukraine;
• Deterioration of the situation in the area of observance of human rights in the settlements in the territory of which the state authorities temporarily do not exercise their powers, as well as the temporarily occupied territory of Ukraine;
• Low level of implementation of recommendations of human rights missions and delegations of the OSCE, Council of Europe, UN and other international organizations;
• Lack of effective mechanisms for the restoration of violated human rights, which would include the applicants' access to the appeals process, democratic civil control in this area, lack of transparency in the activities of the Ministry of Internal Affairs;
• Unsystematic work on raising the level of knowledge, development of skills and abilities of personnel of the Ministry of Internal Affairs system in the protection of human rights and fundamental freedoms.
• Improvement of regulatory and legal regulation of the grounds and procedure for the use of physical force, special means and firearms by employees of the Ministry of Internal Affairs;
• Automation of records of detained persons (custody records) in order to prevent unlawful detention and improve the system of protection of such persons from torture and ill-treatment;
• Improvement of mechanisms for filing and reviewing complaints about human rights violations by employees of the Ministry of Internal Affairs system, which provides democratic civilian control and applicants' access to information on the state of consideration of their complaints;
• Monitoring the observance of human rights and consideration of complaints about human rights violations by employees of the Ministry of Internal Affairs system at the level of the apparatus of the Ministry and ensuring the consistent implementation of decisions in this area by international judicial institutions or bodies of international organizations whose member or participant is Ukraine;
• Development of a system of work with victims and victims;
• Implementation of the recommendations of the National Preventive Mechanism for ensuring the observance of the rights of persons who are in temporary detention centers and places of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine;
• Insuring internal communication and training of employees of the Ministry of Internal Affairs system for the observance and guarantee of human rights and fundamental freedoms as an integral part of their professional training;
• Development of the system for protecting the rights of people with special needs;
• Development of organizational mechanisms for the implementation of the gender policy in the activities of the bodies of the Ministry of Internal Affairs.
EFFECTIVE BORDER MANAGEMENT AND BALANCED MIGRATION POLICY
• Threat to the territorial integrity and sovereignty and terrorist threat, development of trans-border organized crime and illegal migration, arms, explosives and drugs trafficking in the context of military conflict in the country;
Strengthening of security of state border and observation of migration regime based on integrated approach and with consideration of the current threats to the national security and local needs.
• Need to restore the complete control over the state boarder, in cooperation with the defense forces;
• Insufficient equipment of the state border;
• Need to implement the European standards of the integrated border management and to develop service approach;
• Imperfection of information exchange regarding the identification of persons crossing the border within the MoIA system and on the international level;
• Lack of clear and transparent legal procedures and mechanisms to define the legal status of persons requiring additional protection, refugees and forced migrants;
• To restore the control over the state border in the Donetsk and Lugansk regions, as well as to ensure the border protection upon restoring the constitutional regime of Ukraine on the above mentioned temporary occupied territory;
• To supply the state border with modern means of control equipment, with the priority of the eastern border and the division line with the ATO territory and the Autonomous Republic of Crimea;
• To implement the fundamental principles of integrated border management according to the EU standards;
• To develop joint border protection mechanisms with law enforcement agencies of the European Union states and the Republic of Moldova;
• To implement control mechanisms over the human rights’ observance while crossing the state border;
• To develop cooperation between the State Migration Service of Ukraine, the State Boarder Guards Service and the National Police of Ukraine on counteracting cross-border crime, human trafficking and uncontrolled migration;
• To strengthen counteraction to crime in controlled border areas and to develop special rapid response units;
• To develop a Unified Demographic Register of Ukraine, as part of the Single information system of the MoIA of Ukraine;
• To extend the use of biometric documents by means of public policy instruments and development of technical infrastructure for their utilization;
• To develop the international cooperation on data exchange for ensuring the border security and migration regime.
• To introduce clear and transparent procedures to define the legal status of a person as that of a person without citizenship, a refugee or a person requiring additional protection;
• To improve the mechanisms of providing migration status for people de-facto integrated into Ukrainian society and that have no legal status.
1.2. QUALITY AND AVAILABILITY OF STATE SERVICES
• Low level of trusts of the citizens regarding quality and transparency of the services.
• Outdated bureaucratic approaches and methods of work, lack of orientation towards the needs of the citizens;
High quality and availability of the MoIA system services are guaranteed by the observance of standards that correspond to people’s expectations.
• Closeness and lack of transparency, high corruption risks;
• Excessive regulatory influence of different inspecting bodies of the MoIA on businesses they inspect;
• Lack of public standards of service provision;
• Need to harmonize the provision of administrative services in the system of the state bodies of Ukraine.
• To strengthen the service-oriented approach in the activity of the staff of system of MoIA ;
• Smart de-regulation and simplification of procedures;
• To introduce a quality management system in the state services provision of MoIA system, to develop and implement transparent public procedures and service standards, as well as mechanisms for quality evaluation of such services by the society;
• To concentrate the provision of services of the agencies of MoIA system in the estimated service areas;
• To enhance the availability of services through mutual authority delegation to other duty-bearers providing state services;
• To develop partnership of the MoIA agencies with organizations of private and public sector in development and providing public services;
• To increase the number of services available online, to popularize and stimulate the use of online services;
• To develop and implement efficient anticorruption measures in the area of the service provision by the agencies of the MoIA system;
EFFICIENT MANAGEMENT, TRANSPARENCY AND ACCOUNTABILITY
• Lack of clear criteria for evaluating the work of the bodies of the Ministry of Internal Affairs, excessive bureaucratization of their work, organizational hierarchy of development and adoption of managerial decisions;
• Attempts to exert political pressure on the activities of the bodies of the Ministry of Internal Affairs;
A steady, managed, technologically advanced MoIA system that can withstand modern challenges and threats. The implemented effective mechanisms of democratic civilian control and cooperation with the public lead to the strengthening of national security.
• Insufficient cooperation in the MoIA system and concurring approaches to shared tasks;
• The lack of an effective IT - management system in the Ministry of Internal Affairs and the need for the implementation of modern analytical and managerial decisions;
• Obsolete approaches to information resources management of the Ministry of Internal Affairs, insufficient use of information and communication technologies;
• Lack of practice of introducing successful innovative and technological decisions into the activities of the bodies of the Ministry of Internal Affairs;
• Non-observation of integrity standards by the staff, presence of corruption;
• Low level of application of civil democratic control mechanisms set forth in the legislation of Ukraine;
• Lack of approved and systematic approach to improving communication with the public.
• The lack of a systemic solution to the problem of authorized users' access, reference consolidation, verification of the relevance and reliability of the data of the information resources of the Ministry of Internal Affairs;
• The degree of integration into the international information space in the security sector does not meet the current challenges facing the Ministry of Internal Affairs.
• To improve legal regulation of the MoIA agencies’ functioning, including the adoption of the Law of Ukraine "On the bodies of Internal Affairs";
• To introduce modern methods of drafting and analyzing public policy within MoIA governance area;
• To expand and improve the inter-agency planning of implementation of the public policy by MoIA agencies and to prioritize utilization of resources according to strategic areas;
• To implement best management practices in the MoIA system and the project approach;
• To review the responsibilities of the agencies of MoIA system and remove the non-relevant functions;
• Adequate decentralization of the decision making and to create conditions for effective decisions, initiative and motivation;
• To develop the evaluation criteria of the MoIA agencies’ activity and to build a system controlling and monitoring the public policy implementation;
• To develop and implement unified approaches to communication, to goals and objectives of the activity and reformation of the MoIA agencies of Ukraine;
• To implement effective mechanisms of civilian democratic control over the activity of the MoIA agencies;
• To extend the practice of public reports in the MoIA system at national and local levels.
• Implementation of a programmatic approach, coordination and accountability in work related to international technical assistance;
• Development of IT - management of the Ministry of Internal Affairs as part of nationwide e-governance;
• Unification and protection of departmental informational resources of the bodies of the Ministry of Internal Affairs within the framework of a single integrated information environment;
• Introduction of modern authorized access of users to the information resources of the Ministry of Internal Affairs system and providing citizens with access to open data of the bodies of the Ministry of Internal Affairs and their own personal data;
• Application of modern analytical decisions (techniques) in management activity and digitalization of work processes in the Ministry of Internal Affairs;
• Preparation of appropriate information systems of the Ministry of Internal Affairs for joining the Schengen Information System;
• Expansion and updating of knowledge, skills and abilities of employees in work with departmental information systems
DEVELOPMENT OF PERSONNEL POTENTIAL AND SOCIAL PROTECTION OF EMPLOYEES
• Loss of professional core personnel and understaffing in the agencies of MoIA system;
• Absence of efficient and modern system of training, selection and management of personnel, as well as of transparency of career development;
• Absence of appropriate system of social protection, professional growth and motivation of the staff of agencies of MoIA system, low staff innovativeness and high corruption vulnerability of the system;
• The difference in the categories of employees, which requires the development of special approaches in the personnel management, the lack of a well-established system of internal communications.
A stable and highly-qualified personnel of the Ministry of Internal Affairs system is formed, which is capable of responding in accordance with the challenges and threats in the area of internal affairs.
• To develop a training system that would meet professional needs of security and defense sector and shape common values of the MoIA system;
• To develop mechanisms ensuring transparency and competitive recruitment procedures and career development;
• To develop and implement an on-going professional development program;
• To stimulate managers of all levels to use new managerial practices;
• To develop an employee motivation system and balanced social security system;
• To develop modern mechanisms of professional evaluation and productivity encouragement for the staff;
• To implement a system of internal communications in the activity of the agencies of MoIA system;
• To introduce mechanisms of inter-agency internship for the staff in the agencies of MoIA system.
• To implement a comprehensive gender approach to human resource development policy.
FINANCIAL PROVISION FOR IMPLEMENTING THIS STRATEGY
The sources of funding for the Strategy implementation are state budget funds, international technical assistance and other sources not prohibited by law.