Joint appeal to the President of Ukraine on the Annual National Program under the auspices of the Ukraine-NATO Commission

To the President of Ukraine

Volodymyr ZELENSKY

The Appeal

We, representatives of civil society, expert organizations and the Ukrainian diaspora, have formed a Public Supervisory Council on the implementation of the Annual National Program under the auspices of the Ukraine-NATO Commission, and we address you on the basis of the provisions:

the preamble to the Constitution of Ukraine, which confirms the European identity of the Ukrainian people and the irreversibility of the European and Euro-Atlantic course of Ukraine;

Article 102 of the Constitution of Ukraine, which determines the President of Ukraine as a guarantor of the implementation of the strategic course of the state to gain full membership of Ukraine in the European Union and the North Atlantic Treaty Organization;

Article 10 of the Law of Ukraine "On National Security of Ukraine", which, in particular, provides for the participation of citizens in civilian control over the security and defence sector through public associations, which are guaranteed the opportunity to receive information from government agencies on the security sector and defence, to conduct research on national security and defence, to publicly present their results, to conduct a public examination of draft laws, decisions, programs, to present their conclusions and proposals for consideration by the relevant state bodies.

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.

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 (ANP) 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 a NATO Membership Action Plan. To do this, it is necessary to review the principles and algorithm of formation of the Annual National Programs, namely:

To form de facto ANP in accordance with the goals and objectives, and not by mechanical interagency coordination;
Focus on a small number of important institutional changes and abandon the introduction of current activities of ministries and departments in the ANP;
Carry out the formation of the ANP in a single centre by one team;
Involve representatives of civil society and the expert community in the formation and evaluation of the ANP.
Make reporting on the implementation of the ANP public.

Given the importance of the Annual National Program, the Public Supervisory Council on the implementation of the Annual National Program under the auspices of the Ukraine-NATO Commission has been established. The task of the Council is to coordinate the efforts of civil society to monitor, evaluate and assist state institutions in working on the Annual National Programs. For this purpose, at the end of 2021, an expert survey was conducted on the priorities for the Annual National Program for 2022. The following priority proposals have been identified through discussions and consultations, which need to be included in the ANP-2022 draft, which is to be approved by the President of Ukraine after January 31, 2022 (see Annex 1):

Reform the Security Service of Ukraine on the basis of the recommendations of the international advisory group and ensure democratic civil oversight of special and intelligence agencies.

Large-scale reform, which, in particular, provides for the deprivation of law enforcement status, military status and transformation into a special counterintelligence civilian body; limiting the SSU's jurisdiction and preventing duplication with other investigative bodies; deprivation of the function of combating corruption and economic crime; preventing attempts to expand the powers of the SSU under the pretext of reforms aimed at responding to new modern threats; new principles of recruitment and placement, including cleansing of dishonest and unprofessional employees and agents of foreign countries. Another area of reform is the creation of a parliamentary committee of the Verkhovna Rada of Ukraine to oversee special and intelligence services.

Reforms to ensure the continual operation of the anti-corruption system.

First of all, they provide for the election of the NABU Director in accordance with the law, ensuring the institutional independence of the SAPO from the Prosecutor General's Office, guaranteed non-interference in NABU and SAPO investigations, the jurisdiction of the High Anti-Corruption Court, etc., depoliticization of the selection of candidates for the positions of Prosecutor General and Head of the Specialized Anti-Corruption Prosecutor's Office.

Reform of the judiciary and the Constitutional Court.

To change the judicial system, it is proposed to update the composition of the High Council of Justice, introduce monitoring of the judge's lifestyle, including the legality of sources of funds and property, introduce criminal liability of judges for arbitrariness in administration of justice, resume the work of the High Qualifications Commission of Judges of Ukraine in a new, publicly trusted composition, reorganize the network of local courts into district courts and introduce justices of the peace and juries, ensure independent, objective resolution of disputes with higher / central government bodies (in particular the liquidation of the DACK), reform higher legal education to improve its quality. It is proposed to adopt a law on a new comprehensive procedure for the selection of judges of the Constitutional Court.

Reforms in defence procurement.

Provide for the transition to the management of defence resources under the PPBEE system (planning, programming, budgeting, execution and evaluation) in accordance with the practices and standards of NATO member countries; establishing and implementing a full life cycle management system for armaments and military equipment in line with NATO approaches, including the maintenance and disposal of existing weapons. It is proposed to launch a structural unit within the Ministry of Defense (MOD), which would be responsible for formulating defence procurement policy for security and defence forces and ensure the implementation of the MOD's powers as the main body in this area under the Law of Ukraine "On Defense Procurement". It is also proposed to reduce the levels of secrecy of defence procurement and limit the secrecy of the value and fact of procurement, information about legal entities - suppliers, declassification of executed contracts for state defence procurement.

Urgent measures in the energy sector.

It is proposed to strengthen national stability by creating the necessary reserves of energy resources for the heating season 2022-2023 (natural gas in underground storage of at least 19 billion cubic meters, coal in thermal power plants at least 3 million tons), as well as immediate bringing the current legal framework in accordance with the Law of Ukraine "On Critical Infrastructure". Regarding the logistical support of the Armed Forces of Ukraine, it is proposed to create an additional operational stock of fuel, necessary for long-term hostilities; consultations with the NATO Energy Security Center of Excellence on building an effective energy management system for the Armed Forces in the context of military operations.

Reform of antitrust law.

Provides for transparency, financial and operational independence of the Antimonopoly Committee (AMCU); strengthening the powers of the AMCU (physical search and confiscation of documents in order to obtain information and exchange information with law enforcement agencies and other government agencies), granting AMCU decisions the status of executive documents; introduction of a competitive and politically-protected mechanism for the appointment of the AMCU Head and state commissioners; introduction of the institute of collective statements, which will provide consumers with an effective mechanism for protecting their violated rights.

In addition, the public and the expert community persistently propose to the Cabinet of Ministers of Ukraine:

to conduct a public report on the implementation of the ANP for 2021;
to involve the expert community in the preparation of the government's Action Plan for the implementation of the ANP for 2022;
consider amending the current Regulations on Annual National Programs under the auspices of the NATO-Ukraine Commission to avoid wasting time on the implementation of the ANP, and to strengthen public involvement in the formation and monitoring of the ANP (see Annex 2).

According to the current Regulations on Annual National Programs, the Government must submit a draft ANP for the current year together with the draft Decree to the President of Ukraine by January 31, 2022. Thus, there is currently a legal possibility to include the aforementioned proposals in the 2022 Annual National Program.

It is important for both civil society and international partners to be convinced that the Euro-Atlantic intentions of the authorities are sincere and result-oriented. The best way to dispel possible doubts is to involve the public in the formation and evaluation of the ANP, and most importantly - the confirmation of loud declarations by actions based on the results of public appeals.

Please take into account these aspirations of civil society and instruct to include these proposals in the draft Annual National Program under the auspices of the NATO-Ukraine Commission for 2022.

Please inform us about the decision made on the basis of the Law of Ukraine "On Citizens' Appeals", providing a written response to the address: Kyiv, st. Yaroslaviv Val, 9 and e-mail: nato.in.ua@gmail.com.

Annexes:

Public proposals for inclusion in the Annual National Program under the auspices of the NATO-Ukraine Commission for 2022 (in Ukrainian) (10 sheets).
Public proposals to amend the Regulations on Annual National Programs (in Ukrainian) (1 sheet).

Signees:

Serhiy Dhzerzh, NATO-Ukraine Public League, Chairman
Serhiy Kvit, National University of Kyiv-Mohyla Academy
Ahia Zahrebelska, Co-Founder of the League of Antitrust
Mykhailo Basarab, Political Scientist, Candidate of Political Science
Oleksiy Haran, prof. NaUKMA, Scientific Director of the Democratic Initiatives Foundation
Viktor Bobyrenko, Head of the Expert Group of the Bureau of Policy Analysis
Oleksandr Kraiev, Director of the “North America” Program of the Foreign Policy Council "Ukrainian Prism"
Artur Pereverziev, Defense Procurement Reform Project with the support of the UK Ministry of Defense
Hennadiy Riabtsev, Andriy Meleshevych Kyiv-Mohyla School of Government, Professor
Olena Halushka, Member of the Board of the Anticorruption Action Center
Mykhailo Zhernakov, Chair of the Board of the DEJURE Foundation
Lilia Ivasko, Zakarpattia Regional Development Agency, project manager
Serhiy Parkhomenko, Oleksandr Nykonorov Center for Foreign Policy Studies OPAD, director
Serhiy Peretyatko, National Social Service Provider
Yuriy Mitin, artist
Leontiy Shypilov, Member of the Central Election Commission (2018-2019), Candidate of Law, Associate Professor
Yulia Kuzmenko, Head of the Department of the State Institution “Scientific and Practical Medical Center of Pediatric Cardiology and Cardiac Surgery” of the Ministry of Health, doctor, volunteer
Anton Senenko, Senior Research Fellow, Institute of Physics, National Academy of Sciences of Ukraine
Iosyp Zisels, First of December Initiative Group
Yaroslav Honchar, NGO "Air Intelligence"
Roman Kuybida, Center for Political and Legal Reforms, Deputy Chair of the Board
Yuriy Honcharenko, Democracy Promotion Foundation, Vice President
Andriy Yusov, School of Responsible Policy, Director
Serhiy Repik, Chairman of the Youth Nationalist Congress
Pavlo Bilous, Capitulation Resistance Movement, co-coordinator
Valentyn Krasnopiorov, “The Last Capitalist” Educational Initiative
Hanna Hopko, National Interests Advocacy Network ANTS
Ihor Korzh, Institute of Information, Security and Law of the National Academy of Legal Sciences of Ukraine, Ph.D. Law, Senior Researcher
Ihor Kozak, public figure, businessman, military-political expert, reserve officer of the Armed Forces of Canada
Mykhailo Honchar, President of the Center for Global Studies "Strategy XXI", Editor-in-Chief of the magazine "Black Sea Security"
Volodymyr Ohryzko, Ukrainian diplomat, Minister of Foreign Affairs of Ukraine from December 2007 to March 2009
Yuriy Butusov, Editor-in-Chief of Censor.net
Igor Koliushko, Chair of the Board of the Center for Political and Legal Reforms
Stefan Romaniv, Vice President of the World Congress of Ukrainians, Australia
Serhiy Yanchuk, Associate Professor of Taras Shevchenko National University, Veteran Peacemaker and Volunteer
Ilya Kononov, Chairman of the “State League”
Topchian Ashot, NGO "Ukrainian Strategic Initiative", director
Vladyslav Vasyl, journalist, co-founder of the National Conservative Movement
Andriy Shcherbak, Entrepreneur, Young Patriots Initiative