Published on March 19, 2014
1 Illegal referendum in the Crimea as a reason for the annexation of the Crimea by Russia On March 16, illegal referendum took place in the Crimea, which resulted in the annexation of the Crimea by Russia. The number of Russian troops in the Crimea increases. The world community responds with sanctions. In Ukraine the work on the reforming package is continuing; its purpose is to clear the government system of corruption. The residents of the peninsula were asked to choose one of two variants in the process of the illegal referendum: Do you support the idea of reunification of the Crimea on the rights of a constituent entity of the Russian Federation? DoyousupporttheideatorecovertheConstitutionoftheCrimean Republic of 1992 and the status of the Crimea as a part of Ukraine? KEY POINTS:
2 Legitimacy of the referendum The referendum is recognized as legitimate by: 1. the Russian Federation The referendum is not recognized as legitimate by: 1. Venice Commission 2. UN Security Council 3. NATO 4. 28 countries of the European Union 5. The USA 6. Cabinet of Ministers of Ukraine 7. Leaders of G7 countries 8. OSCE Participation of foreign observers Participated: 1. Observation mission of the Russian Federation Did not participate: 1. The diplomatic mission of EU stressed that the European citizens who were in the Crimea and commented the so-called “referendum”, had not officially represented the European Union. 2. OSCE Violations during the referendum The monitors of the Public Chamber of the Russian Federation have not found any violations in the process of conducting the “referendum”. Ministry of Justice of Ukraine applied to the European Court of Human Rights and OSCE concerning the facts of violations in the process of conducting the so called “referendum” in the AR Crimea.
3 Recognizing the results of the Crimean referendum Source Results of Crimean “Referendum”: Referendum was attended by 83,10% per cent of Crimean citizens. 96,77% per cent of the voters in the Crimean referendum cast ballots in favor of seceding from Ukraine and rejoining Russia as a constituent territory. We would like to remind you, that the referendum was prepared in three weeks. The Supreme Council of the Autonomous Republic of Crimea adopted regulation “On Independence of the Crimea” that empowered the Supreme Council of the Autonomous Republic of Crimea to sign interstate agreement on rejoining the Crimea with Russian Federation. Vladimir Putin signed a decree On Recognition of Crimean Republic that recognized it independent. Russia called Ukraine for drafting new federal Constitution. The deployment of Russian troops is constantly increasing – the total amount of Russian soldiers is next to 21,5 thousands, while more than 60 thousands of Russian military officials are concentrated at the eastern and southern borders of the country. Crimea is ready to provide “military support” for eastern and southern regions of Ukraine in order to protect Russian-speaking population of the aforementioned regions. The Majlis of Crimean Tatars addressed the Organization of Islamic Cooperation for assistance in peaceful conflict resolution.
4 Partial mobilization was announced in Ukraine: 20 thousand citizens will be called up for military service, and 20 thousand citizens will join the National Guard. The Parliament of Ukraine amended state the budget, allocating 6,882 billion UAH to Ministry of Defense and Ministry of Internal Affairs to boost defense capacity. International assistance President Barack Obama announced freezing of Russian and Ukrainian top-officials assets, allegedly interested in Russian invasion to Crimea. The EU Foreign Affairs Council approved visa sanctions and freezing of assets in respect to 21 persons. March 17 to 21, the joint Germany and USA mission will perform survey flight over the territories of Belarus and Russia within the scope of implementation of international Treaty on Open Skies. Ukraine does not call for NATO military assistance concerning the situation in the Crimea but applied to Alliance only for technical military support. The Acting Ministry of Foreign Affairs of Ukraine Andriy Deshchitza stated this in Brussels after meeting with NATO Secretary General Anders Fogh Rasmussen in NATO Headquarters. Reforms in Ukraine The Members of Parliament together with community volunteers started implementing the initiative Package of Urgent Reforms. For the sake of efficient cooperation the officials have set up an international coalition Platform for Reforms. The community requires politicians to fulfill 12 paragraphs of the aforementioned Package of Urgent Reforms aimed at reviving and uniting the country. Community leaders believe Euromaidan has not finished its core mission yet – to change rules, not officials only. Platform for Reforms includes 24 MPs from fractions. The Platform management will consist of 5 co-chairs elected on a rotating basis. Transparency International Ukraine takes part in public procurement law drafting The Cabinet of Ministers of Ukraine approved a new version of the law “On Public Procurement” on March 12. It was the first time in governmental practice when the law was designed in collaboration with the civic experts. It included the key public demands for prevention of corruption in public procurement. Some of them are: Obligation of state and municipal enterprises to report publicly on procurement for their own funds;
5 • Prohibition for those who are related to bids organizers to take part in the public tenders; • Obligatory reporting of officials on procurements, on execution of procurement contracts, and on significant changes in the terms of contracts and subcontractors who receive more than 20% of the contract cost. • Increased access to information on procurement of natural monopolies, suppliers of water and heat for millions of Ukrainian citizens. • Righttoofpublicactiviststomakephoto,audioandvideorecordingsduringdisclosureoftenderoffers. • Five times less preferences for participants of public procurement tenders under the new legislation etc. However,atthesametimeleadingpublicanti-corruptionorganizationsmakegovernmentpayattention to the intrigues of “the tender mafia” lobbying the introduction of electronic auctions, which means that the wholecontroloverUkrainiantenderswillswitchtoRussiancompanies.Toavoidthis,expertswroteanopen letter to the government. Regional Level Anti-Corruption Fight Oleksii Khmara, Executive Director of Transparency International Ukraine, prepared a set of recommendations to reduce corruption on the regional level. The expert suggests an algorithm for the government to implement the integrity standards itself, guarantee access to publicly significant information, properly use public finances, collaborate only with transparent business, and conduct assessment of corruption. UKRAINE: AN URGENT ANTI-CORRUPTION AGENDA Statement of Transparency International Despite the continuing political instability in Ukraine, civil society organisations are pressing the interim government to adopt a raft of anti-corruption measures to restore and bolster the rule of law as soon as possible. The goal is to put in place a legal framework to end the alleged abuses of power that characterised the ousted regime of Victor Yanukovych and his inner circle, not least the use of public funds to finance a lavish lifestyle. Working together, six organisations, including Transparency International Ukraine, have produced a road-map to reform. They are proposing changes to the constitution and the introduction of new laws to: • strengthen the integrity and accountability in public sector • ensure transparency of political party financing • guarantee access to information
6 • ensure transparency and competitiveness in public procurement • strengthen the state’s ability to investigate and prosecute corruption. An anti-corruption strategy can be enhanced by having an independent coordinating body. That is why these organisations are calling for a national anti-corruption commission that is both independent and well-funded to implement and enforce anti-corruption laws. Strengthening integrity and accountability Transparency International advocates the use of asset declarations for politicians to avoid conflict of interest and to ensure they do not use their positions of power for private gain. In the past, the political elite in Ukraine were able to hand out government contracts with little scrutiny. This earned the country the reputation as a kleptocracy, where there was impunity for those who were connected to the government. Investigative journalists are still sifting through the evidence found on the estate of Yanukovych to document how it was possible to siphon off resources from the state for personal use. Transparency matters Citizenscanonlyholdtheirgovernmentstoaccountiftheyhave accesstotherelevantinformation. That is why there need to be public registers of interests, including lists of who are the beneficial owners of private companies. This will allow civil society to find out who receives state funds and will highlight conflicts of interest, particularly in procurement. The state spends millions of dollars of public funds with private contractors. These procurement contracts need to be publicly vetted to limit conflict of interest and ensure adequate competition in the bidding process. Tough transitions The continued unrest and uncertainty in Ukraine and the conflict in Crimea and on its eastern borders with Russia will make it hard for any new government to follow through on a legislative reform agenda. Civil society is working to address the deficiencies in the current legal framework. Ukrainian Revolution against Corruption Bulletin is published by the Ukrainian National Chapter staff of Transparency International. The Bulletin is aimed at foreign reporters, international and diplomatic missions. The aim of the Bulletin is to briefly and promptly inform the world on the actual events in Ukraine, which started after Ukrainian protest against lawlessness of the corrupt Ukrainian regime. Editors contacts: Ukraine, Kyiv, tel: +38 (044) 360-52-42; email@example.com
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