The Agency for Legislative Initiatives and the Parliamentary Centre (Canada) provide support to the Committee on Law Enforcement of the Verkhovna Rada of Ukraine on the issue of military justice. In particular, during the joint work, a comprehensive Green Paper “Military Justice in Ukraine” was prepared.

The analytical document includes information on the international experience (in particular, NATO and the EU countries) of regulating and functioning of military justice, considering the project’s previous work on military prosecutors, advocacy, military police, military counterintelligence and military courts, and highlights the challenges of creating new bodies of the military justice system in Ukraine.

In addition, a working visit of the Committee’s representatives to Canada was organised to study Canadian and international practices of military justice, the system of parliamentary oversight, and the activities of law enforcement agencies, including the military police. Following the visit, a roundtable discussion was held on “Military Justice: Canadian Experience and Possible Regulatory Options for Ukraine”, which was attended by representatives of the Law Enforcement Committee, the General Staff, the Ministry of Defence of Ukraine, the Security Service of Ukraine, the State Bureau of Investigation, the Military Law Enforcement Service and the Prosecutor General’s Office. The event was also attended by representatives of the Office of the National Defence and Canadian Armed Forces Ombudsman, and the Office of the Canadian Forces Provost Marshal.

In addition, alternative options for regulating the military justice system in the context of a full-scale war in Ukraine are currently being considered. 

This paper 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).

On May 21, 2024, the Agency for Legislative Initiatives participated in the round table on “Military justice: Canada’s experience and possible options for regulation in Ukraine“, organised by the Committee on Law Enforcement Activities of the Verkhovna Rada of Ukraine.

The event was attended by the head of the Law Enforcement Committee, Sergii Ionushas, Representative of the President of Ukraine to the VRU/Deputy Head of the Committee Galyna Mykhailiuk, Deputy Heads of the Committee Maksym Pavliuk and Hryhorii Mamka, Subcommittee Chairmen Oleksandr Danutsa and Vladlen Neklyudov, Committee member Volodymyr Zakharchenko, Canadian experts on military justice — Ms Robyn Hynes, Director General of Operations, Office of the DND/CAF Ombudsman, and Colonel Todd Murphy, Deputy Commander, Office of the Canadian Armed Forces. The roundtable was also attended by representatives of the Parliamentary Accountability of the Security Sector in Ukraine (PASS Ukraine) project, the Ministry of Defence of Ukraine, the General Staff of the Armed Forces of Ukraine, the Military Law Enforcement Service of the Armed Forces of Ukraine, the Prosecutor General’s Office, the Security Service of Ukraine, and the State Bureau of Investigation.

The issue of the functioning of the military justice system in Ukraine has become particularly acute since the beginning of Russia’s full-scale aggression against Ukraine. After all, creating a clear and fair legal mechanism designed to perform the law enforcement function in military formations and the function of justice for military personnel is one of the important components of the combat capability of the state’s armed forces. That is why studying the experience of Ukraine’s strategic partners and updating the relevant legislation is a priority in this area.

During the panel discussions, the participants discussed the following themes:

1. Overview of the Canadian military police system.
2. Powers and functions of the Canadian Armed Forces Ombudsman.
3. Canada’s experience in respecting the rights of servicemen and women when they are brought to justice.
4. Problems of functioning of military justice in Ukraine.
5. Problems of creating new bodies of the military justice system and military courts.

In addition, the event featured a presentation of the Green Book on Military Justice in Ukraine, which was prepared by the Agency for Legislative Initiatives in cooperation with the Parliamentary Centre (Canada) as part of the PASS Ukraine project and with the support of Global Affairs Canada under the Peace and Stabilization Operations Program (PSOPs).

The web version of the document will soon be available on the ALI website.

On 17 April, ALI held a meeting with our friends and partners from Protect 2 and the VRU Committee on National Security, Defence and Intelligence.

Such meetings always help check the direction and further steps of our cooperation. PASS Ukraine and Protect 2 are ready to continue providing support and responding to requests from our partners, including identifying specific legislative gaps and ways to address them and assisting Ukraine on its path to Euro-Atlantic integration.

The meeting was part of the project “Parliament and Accountability of the Security Sector in Ukraine” (PASS Ukraine), which the Agency implements jointly with the Parliamentary Centre of Canada in cooperation with the Verkhovna Rada of Ukraine and the support from Global Affairs Canada within the framework of the Peace and Stabilization Operations Program (PSOPs).

The Agency has always contributed to the Euro-Atlantic integration of Ukraine and makes a lot of efforts to develop parliamentary diplomacy. This week, together with the Embassy of Ukraine in Canada / Посольство України в Канаді and the Parliamentary Centre, we organized a panel discussion, “Toward Ukraine’s Membership in NATO: Strengthening Euro-Atlantic Security” at the Parliament of Canada.

The event’s main goal was to discuss the future of Ukraine, its security and the security of the entire Euro-Atlantic community. Considering Ukraine’s path to NATO – how fast we are progressing, what reforms are being implemented and which are just being planned, what kind of support, in terms of legislation, we need from allies and how Ukraine’s accession to NATO will strengthen the Alliance and Euro-Atlantic security in general.

The event was attended by Canadian parliamentarians, the deputy chairman of the VRU Committee on National Security, Defense and Intelligence, the Head of the Permanent Delegation of Ukraine to the NATO Parliamentary Assembly Yehor Chernev, Deputy Minister of Defense for European Integration Andriy Shevchenko and representatives of the diplomatic corps, including Ambassador Extraordinary and Plenipotentiary of Ukraine to Canada Her Excellency Yuliya Kovaliv and Ambassador Extraordinary and Plenipotentiary of Finland to Canada His Excellency Roy Eriksson.

The event was held as part of the project “Parliament and Accountability of the Security Sector in Ukraine” (PASS Ukraine), which the Agency implements jointly with the Parliamentary Centre (Canada), in cooperation with the Verkhovna Rada of Ukraine, and with the support of Global Affairs Canada within the framework of the Peace and Stabilization Operations Program (PSOPs).

As part of the PASS Ukraine project, Ukrainian MPs Ivanna Klympush-Tsintsadze, Mariia Ionova and Yehor Cherniev visited Canada to strengthen ties with Canadian parliamentarians.

Canada is an important partner of Ukraine, whose role and support has grown significantly since the start of the full-scale invasion. Therefore, it is crucial to maintain a dialogue and share views on how exactly Canadian support to Ukraine can be kept and aligned with today’s needs. The cooperation of the Verkhovna Rada with the parliaments of other countries plays a particularly meaningful role in this area for the purpose of telling our partners the truth at the highest level, convincing them of the importance of supporting Ukraine and preventing the crimes that Russia commits against the Ukrainian people from being ignored.

During the visit, Ivanna Klympush-Tsintsadze and Mariia Ionova already met with members of the Canada-Ukraine Parliamentary Friendship Group to tell about the development of the situation in Ukraine and specific steps being taken by the Parliament for non-military resistance to the Russian aggression. The parliamentarians also had the opportunity to talk with the Speaker of the Canadian House of Commons, the Honourable Anthony Roth, and the Canada’s Ambassador for Women, Peace and Security, Jacqueline O’Neill.

Russia’s aggression can be a threat to the whole world even after Ukraine’s victory in this war. That is why Ukraine is now looking for ways to strengthen the country’s defence capabilities and create conditions for stability and security when the war is in place and after it’s over.

One of these ways is Ukraine’s accession to NATO, which Ukrainian officials are talking about with the international community at all levels. Last week, as part of the PASS Ukraine project, Head of the Permanent Delegation of Ukraine to the NATO Parliamentary Assembly, Ukrainian MP Yehor Cherniev discussed the security and defence agenda with Canadian counterparts.

The study was prepared within the framework of the joint project of the Agency and the Parliamentary Center (Canada) – “Parliamentary Accountability of the Security Sector in Ukraine” (PASS Ukraine), which is implemented with the support of the Ministry of International Affairs of Canada (Global Affairs Canada) and the Peacebuilding and Stabilization Program (PSOPs) in partnership with the Verkhovna Rada of Ukraine.

The project pays special attention to inclusive practices and gender equality in reforming the security and defense sector.

The purpose of the analysis was to identify the current needs and gaps in implementing gender equality and security sector reform as holistic concepts in the context of developing, implementing, and enforcing security and defense legislation.

The research was based on the results of interviews and surveys that were conducted with the Verkhovna Rada of Ukraine committees targeted for the project – on issues of national security, defense, and intelligence, issues of law enforcement, issues of Ukraine’s integration into the European Union, as well as civil society organizations (CSOs ), who deal with issues of ensuring equal rights and opportunities for women and girls and men and boys in the security and defense sector of Ukraine.

The results of this study are based on:

1) assessment and self-assessment of the legislative, supervisory and organizational capacity of the committees of the Verkhovna Rada of Ukraine, including issues of gender equality and;

2) primary research of data collected (from March to August 2021) from the committees of the Verkhovna Rada of Ukraine and civil society organizations (CSOs) regarding gender equality in the process of reforming the security and defense sector.

Problem:

One of the key aspects of this gender analysis was to determine the extent to which the legislative and oversight functions of the VRU committees encompass the analysis of gender equality in the security and defense sector reform process – whether this analysis takes place regularly or in the context of directly related legislation and oversight powers.

What the study showed:

Government programs, concepts, procedures, and guidelines issued in recent times outline the duty of public bodies to carry out gender analysis and promote gender equality, among other things, in the context of security and defense sector reform.

However, the results of the study showed a clear gap in the practical efforts of the committees to take gender into account and promote gender equality. According to the members of the researched committees, the issue of gender is sufficiently taken into account, and in most cases, it is unnecessary. One of the main problems of this gap is currently lack of human resources in the committees to perform legislative and supervisory functions.

Problem:

Ensuring equal rights and opportunities for women and men in the security and defense sector under NATO standards is a requirement of Euro-Atlantic integration and a declared priority of the Cabinet of Ministers of Ukraine from 2020.

What the study showed:

Some efforts have been made to integrate gender equality into the context of security and defense sector reform, at least at the policy development level and rhetoric. In particular, these efforts were aimed at:

• implementation of European standards of equality between women and men;
• enabling conditions to ensure equal rights and opportunities for women and men in all spheres of society;
• implementation of priorities under the UN Security Council Resolution “Women, peace, security”;
• strengthening of institutional and coordination mechanisms of the national body on gender policy issues;

Some specific results:

• in 2020, “Methodical recommendations on the implementation of gender approaches in the personnel training system for the security and defense sector of Ukraine” were published;
• The Cabinet of Ministers of Ukraine also approved the Concept of communication in the field of gender equality until 2025;
• gender equality policy priorities are included in the Government’s action plan;
• The president of Ukraine pledged to fight against gender and domestic violence.

BUT although these undoubtedly crucial steps have been taken, the implementation of the policy documents is still ongoing, and the planned results have not been fully achieved.

Problem:

Non-governmental organizations (NGOs) that deal with issues of ensuring equal rights and opportunities for women and men in the security and defense sector, fight against gender-based violence, promote gender equality and human rights, contribute to security sector reform, as well as resolve conflicts, development peace, and stability, see themselves as a critical force behind security and defense reform.

What the study showed:

1. Non-governmental organizations claim that their participation in the development and implementation of legislative documents, as well as in monitoring their compliance, contributes to increasing the awareness and openness of the executive and legislative branches of government to holistic concepts of gender equality and security and defense sector reform.
2. Non-governmental organizations have relevant expertise and are ready to support security and defense reform.
3. Non-governmental organizations try to influence legislative initiatives but report obstacles when interacting with VRU committees.

1. It is crucial that the employees of the committees and expert departments of the Apparatus of the VRU have a sufficient level of knowledge to conduct gender (and security) analysis regularly.
2. It is necessary to ensure the appointment and/or identification of gender advisors with special knowledge on issues of gender equality and security and defense sector reform in relevant security ministries.
3. It is important to involve non-governmental organizations in conducting gender impact analysis on legislative initiatives to promote gender equality and oversee its implementation in the security and defense sector.

This publication was also prepared with the financial support of Sweden.

Participants:

• Dr. David Donat Cattin, Secretary-General, Parliamentarians for Global Action;
• Mr. Ali Ehsassi, MP (Canada), Chair, All-Party Parliamentary Group for the Prevention of Genocide and other Crimes against Humanity; Chair of PGA Canada National Group and PGA Board Member;
• Ms. Anita Vandenbeld, Member of Parliament of Canada, Parliamentary Secretary to the Minister of International Development;
• Ms. Yevheniya Kravchuk, MP, PGA member, Deputy Head of the Servant of the People caucus in the Verkhovna Rada, Deputy Chair of the Rada’s Committee on Humanitarian and Information Policy;
• Ms. Ivanna Klympush-Tsintzadze, MP, Chair of Rada’s Committee on Ukraine’s Integration into the European Union, Former Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine (2016 – 2019);
• Ms. Maryna Bardina, PGA member, Deputy Chair of the Verkhovna Rada Committee on Foreign Policy and Interparliamentary Cooperation, Chair of the Subcommittee on Ukraine’s Compliance with International Commitments in the Field of Human Rights and Gender Policy;
• Ms. Kasthuri Patto, MP (Malaysia), President of PGA.

The event was organized on May 12, the 78th day of the full-scale war waged by the Russian Federation against Ukraine. The purpose of the event was to convey information about the endless war crimes against the people of Ukraine, the current situation, and the position of the Agency for Legislative Initiative and Ukrainian parliamentarians to the world community firsthand.

Therefore, in the context of its activities and taking into account the constitutionally defined role of the Parliament (Verkhovna Rada of Ukraine) in matters of war and peace, territorial change, and ratification of international agreements, the Agency for Legislative Initiative in partnership with the Parliamentary Centre (Canada) within the project “Parliamentary Accountability of the Security Sector of Ukraine” (PASS Ukraine), which is implemented with the support of the Ministry of International Affairs of Canada (Global Affairs Canada), the Peace and Stability Program (PSOPs) together with the international network – Parliamentarians for “Global Action” (PGA) organized and involved Ukrainian, Canadian and other parliamentarians from member countries (PGA) to discuss developments, the work and role of Ukrainian parliamentarians, prospects for countering future threats, and the needs and options for international support during the war.

International Network – Parliamentarians for Global Action (PGA) – a platform that brings together parliamentarians from around the world, as well as many other platforms already in use, plays a role in shaping the only right, the only possible attitude to Russia as an aggressor country, a country that has no place in the modern world, and which must be disposed of to save not only what has already been achieved by world civilization, but also all living things.

Parliamentarians, who are increasingly at risk, now play a key role in bringing together allies and friends from around the world into a common united front: the pursuit of peace, justice, and accountability, and the defense of democracy, its principles, and institutions. To this end, the event was attended by Ukrainian parliamentarians, two of whom are members of the PGA – Yevheniya Kravchuk and Maryna Bardina together with Ivanna Klympush-Tsintsadze told their foreign colleagues about what difficulties they currently face in their work, what are the future plans and what is the key assistance is now needed, both in Ukraine as a whole and in Parliament in particular.

Ukrainian MPs stressed the need for further urgent military and financial assistance to Ukraine, as well as the imposition of additional sanctions against the Russian economy. They also touched on the humanitarian catastrophe unfolding in Ukraine, noting that destruction and casualties are unthinkable for those who observe peace and security from afar, and stressed that the Russian invasion harms, in particular, Ukrainian women, noting that sexual violence is one the of war crimes committed by Russian soldiers.

Svitlana Matviienko, Executive Director, Agency for Legislative Initiatives, informed and reminded all participants about what is happening at this time in our country:

We publish the full text of our partners – the Parliamentary Center.

Five senior members of the Ukrainian Parliament wrapped up a two-day visit to Ottawa, including a series of high-level meetings with the Canadian government and parliamentary officials.  In a continued appeal for support from Canada, their message was consistent: an appreciation for Canada’s support for Ukraine and an appeal to do more.

Headed by MP Lesia Zaburanna, MP from President Zelensky’s Servant of the People party and Chair of the Sub-Committee on Public Expenditures of the Budget Committee, the delegation held a private meeting with Prime Minister Justin Trudeau and Deputy Prime Minister Chrystia Freeland. Separate audiences were held with International Development Minister Harjit Sajjan; Canada’s Ambassador for Women, Peace, and Security, Jacqueline O’Neill; senators Boehm (chair) and Harder (vice-chair) of the Senate Standing Committee on Foreign Affairs and International Trade; and with the Canada-Ukraine Parliamentary Friendship Group MPs as a group – an interparliamentary all-party caucus.

The delegation also attended a special meeting of the House of Commons Standing Committee on Foreign Affairs and International Development, providing a briefing on the wartime situation in Ukraine.

In addition to MP Zaburanna, the delegation consisted of MP Yevheniya Kravchuk, Deputy Head of the Servant of the People party, and Deputy Chair of the Committee on Humanitarian and Information Policy;  MP Anastasia Radina, also with the Servant of the People, and Chair of the Committee on Anti-Corruption Policy; MPIvanna Klympush-Tsintsadze, from the European Solidarity party, Chair of the Committee on European Union Integration, and former deputy prime minister of Ukraine; and MP Maria Ionova, also from the European Solidarity, Chair of the Subcommittee on Legislative Support of the Implementation of the Strategic Course of the State for Full Membership in the EU and NATO, and member of the Parliamentary Committee on Foreign Policy and Interparliamentary Cooperation.

At a Friday press conference flanked by Canadian parliamentarians, the Ukrainian MPs stressed the humanitarian catastrophe unfolding in Ukraine, noting the destruction and human toll is inconceivable for a Canadian audience watching from afar in peace and security. The MPs stressed the need to urgently provide Ukraine with further military and financial assistance, and to introduce more sanctions against the Russian economy. The Ukrainian delegation explicitly asked for the expulsion of the Russian diplomats from Canada and from multilateral organizations where Canada is a member.

The delegation called on stronger support for Ukraine, including more heavy military equipment support, tightened sanctions, and expedited processing of temporary displaced persons.  They also called for Canadian vigilance in monitoring and reporting war crimes perpetrated by the Russian armed forces.

The all-woman MP panel stressed the toll the Russian invasion is having on Ukrainian women, in particular, noting that sexual violence is among the war crimes being perpetrated by Russian soldiers.

In addition to official meetings, the MPs fanned out across Canadian media to deliver a concerted message that Ukraine existentially needs additional help and that Canada needs to come forward with more support.

The Parliamentary Centre’s work in Ukraine is supported by PSOPs, Global Affairs Canada. We work in partnership with the Agency for Legislative Initiatives.

This publication was also prepared with the financial support of Sweden.

As promised, the Agency for Legislative Initiatives and the Parliamentary Centre (Canada) has launched activities to provide practical support for the development of knowledge and skills of MPs and staff of secretariats of Verkhovna Rada Committees on how to better structure and manage committees and develop formalized procedures. These activities are carried out within the framework of the project “Parliamentary Accountability for the Security Sector in Ukraine” (PASS Ukraine).

An online meeting was recently held between the staff of the Secretariat of the Verkhovna Rada Committee on Law Enforcement and representatives of the House of Commons of Canada, where they exchanged knowledge, experience, and practices on building and managing the work of secretariats.

The meeting was attended by: Head of the Secretariat of the Verkhovna Rada Committee on Law Enforcement Bohdan Drapyatyi and his deputies from the Ukrainian side and former Clerks of the House of Commons – from the Canadian side.

This meeting was the first in a series of dialogues between colleagues from the Verkhovna Rada of Ukraine and the Parliament of Canada, aimed at the practical support of Verkhovna Rada committees to improve the management of their work.

During the meeting, the secretariat learned about the organizational structure and administrative support of the House of Commons – the types of committee staff and their roles, their interaction with the committee head and other staff, and the career rotation system.

Representatives of the Ukrainian and Canadian parliaments discussed the connection between the work and experience of the staff of the secretariats of the committees in the Verkhovna Rada and the House of Commons and exchanged views on the challenges and ways to address them.

The Parliamentary Accountability for the Security Sector in Ukraine (PASS Ukraine) project is a joint project of the Agency for Legislative Initiatives and the Parliamentary Center (Canada), supported by the Canadian Ministry of International Affairs under the Peacebuilding and Stabilization Program (PSOPs) and in partnership with the Verkhovna Rada of Ukraine.

The security and defense sector is certainly one of the most important, especially in a country that has been at war for eight years. Therefore, the Agency for Legislative Initiatives is trying its best to familiarize parliamentarians and staff of the secretariats of the Verkhovna Rada Committees with new tools and methods for reforming the sector.

Last week, as part of the Parliamentary Accountability of the Security Sector in Ukraine (PASS Ukraine) project, the Agency for Legislative Initiatives, in partnership with the Parliamentary Center (Canada), held a training seminar on “Legislative and Regulatory Impact Assessment and its Application in the Security Sector Reform Legislation and defense”.

Members of the Verkhovna Rada Committee on Law Enforcement, the Verkhovna Rada Committee on National Security, Defense and Intelligence, and the Verkhovna Rada Committee on Ukraine’s Integration into the European Union were invited to participate in the seminar. Staff from the secretariats of the above-mentioned committees were also invited.

The purpose of the training seminar was to familiarize MPs, committee members, and their staff with Canadian and international experience in assessing legislative and regulatory impact and its application in the legislative process of security and defense sector reform, including assessing the different effects of legislation on women and men.

Nicola Kim, First Secretary, Embassy of Canada in Ukraine, made a welcoming speech at the opening of the training seminar.

The speakers of the training seminar were Canadian experts with many years of experience in regulatory and legislative influence:

• Daniel Trnka, Deputy Head, Regulatory Policy Division, Public Governance Directorate, Organisation for Economic Co-Operation and Development (OECD);
• Rick Stewart, Executive Director of the Regulatory Governance Initiative (RGI) and Co-Director of the Career Development for Regulatory Professionals (CDRP) Program in the School of Public Policy and Administration at Carleton University, Ottawa;
• Michael Presley, Director, Certificate Program in Regulatory Leadership, Centre for Public Management and Policy, University of Ottawa; Former Assistant Deputy Minister (Regulatory Affairs) at the Treasury Board Secretariat, Canada.
• About the experience and practice of Ukraine in applying legislative and regulatory impact assessment in the legislative process, participants were told by Ivanna Klympush-Tsintsadze, MP, Chairwoman, Verkhovna Rada Committee on Ukraine’s Integration into the European Union, Member of the Interparliamentary Relations Group with Canada.

The seminar was held in an unusual format – combining offline and online, which allowed to simultaneously engage Canadian partners who shared their experiences and establish communication between members of different committees.

As part of the project, we plan to hold more such meetings in order to continue involving MPs and Canadian partners in close cooperation in various formats.

The Parliamentary Accountability of the Security Sector in Ukraine (PASS Ukraine) project is a joint project of the Agency for Legislative Initiatives and the Parliamentary Center (Canada), supported by the Canadian Ministry of International Affairs under the Peacebuilding and Stabilization Program (PSOPs) and in partnership with the Verkhovna Rada Of Ukraine.