The Agency for Legislative Initiatives has prepared a Green Paper outlining the implementation of parliamentary oversight in the security and defence sector.
Democratic civilian control encompasses a suite of measures designed to ensure the rule of law, legality, accountability and transparency of security and defence sector actors, as well as other entities whose activities involve the restriction of human rights and freedoms. These measures are intended to promote the effective operation of these entities and the fulfilment of their functions, thereby strengthening Ukraine’s national security.
Experience from around the world, namely that of NATO member states, proves that democratic civilian control is essential for state stability and democratic order.
Parliamentary oversight is one of the pillars of democratic civilian control. It places a framework of restrictions that prevents the army from being misused for unconstitutional purposes. In other words, Parliament limits the President’s or Government’s ability to exploit the security and defence sectors for illegal purposes or the usurpation of power, while also minimising the likelihood of a military coup.
Identification of the Problem
The instruments of parliamentary oversight in Ukraine are broadly similar to those utilised by NATO member states, albeit with variations stemming from the distinct legal systems and cycles of interaction within the power triangle (Parliament — Government — President). Despite these similarities, parliamentary oversight in Ukraine has not yet become a reliable foundation for achieving the desired effectiveness of the country’s security and defence infrastructure.
The root of the problem lies in Parliament’s limited oversight of the Government’s actions. This control is even weaker in the security and defence sector due to its sensitive nature and the specific features of its ‘constitutional architecture’.
Therefore, existing shortcomings in legislative regulation remain unaddressed, and the weak political and institutional interaction between stakeholders in the security and defence sector is not improving. Instead, it is being exacerbated by the full-scale invasion.
Recognising the subject’s undeniable relevance and weight, ALI’s Green Paper addresses issues surrounding the use of parliamentary oversight tools under martial law and suggests solutions.
Map of the ALI’s Green Book
The Study addresses the following questions:
- To what extent are the declared parliamentary oversight instruments over the security and defence sector used by the Verkhovna Rada of Ukraine, and how effective are they?
- To what extent is parliamentary oversight over the security and defence sector in Ukraine limited during wartime?
- What practices of NATO member states regarding parliamentary oversight over the security and defence sector should Ukraine adopt in the future?
Further information on parliamentary oversight is available in the ALI Green Paper.
The study was conducted within the framework of the project “Parliamentary Accountability of the Security Sector in Ukraine” (PASS Ukraine), which the Agency implements together with the Parliamentary Centre, in cooperation with the Verkhovna Rada of Ukraine, and with the support of Canada’s Foreign Policy — Global Affairs Canada as part of the Peacebuilding Program and stability (PSOPs).
