Law enforcement in Ukraine
Encyclopedia
Law enforcement in Ukraine
is the responsibility of a variety of different agencies.
were representative of the development of the legal system and its imposition in the ethnically Ukrainian lands.
Under the Poles and Lithuanians, the application of law and order was delegated to various Polish nobles who had large estate holdings in Ukraine. These nobles were empowered, by the King, to both pass judgement and sentencing on their subjects while requiring them to work a certain number of days a year for them. This form of justice was greatly flawed, and since the orthodox and Greek-Catholic ethnic Ukrainians were traditionally seen as inferior to their Roman Catholic Polish masters, it was a heavily biased system which tended to act in favour of the rights of ethnic Polish settlers. Despite this, it is regarded as having been far less severe than the system of justice and law enforcement imposed by the Russians in their Ukrainian territories. While in the Polish-ruled regions of Ukraine the ethnic settlers were afforded a certain amount of limited rights, Ukrainians living in Russian-administered territories were afforded almost no rights and were expected to render unconditional service to their masters.
After the collapse of the Polish Lithuanian Commonwealth and the division of what is now considered Ukraine
between the Russian
and Austro-Hungarian empires, the organisation of law enforcement agencies came under the direct supervision of authorities based in Saint Petersburg
and Vienna
. However, while the Austrian authorities were traditionally seen as liberal, exercising fair justice, the Russians were outwardly hostile to Ukrainian nationalism and initiated a process of gradual, forced Russification
. This process of forced ethnic assimilation was imposed through use of the Imperial Police to shut down non-academic Ukrainian social organisations. Interestingly however, high-register Ukrainian literary works, which were deemed to be too complex for large scale readership, were not censored or suppressed; in the contemporary era this collection of works in the Ukrainian language has provided support for the development of national consciousness.
or Polish governments. This situation lasted until the beginning of the Second World War, at which point the whole of what is now considered Ukrainian territory came under control of the Soviet Union
. During the war the German Wehrmacht
was pressured for political reasons to gradually restore private properties in zones under military control and accept local volunteer recruits into their units and the Waffen SS, promoted by local nationalists' organizations O.U.M. and U.P.A., while receiving political support from the Wehrmacht. This led to the establishment of a Ukrainian Schutzpolizei to police Nazi-controlled areas of Ukraine.
Following the conclusion of the Second World War, the Soviet Union expelled all non-Soviet peoples, such as ethnic Poles, from the territory of the post-1945 Ukrainian SSR
. At this point the Soviet Militsiya
and other units of the Soviet Ministry of Internal Affairs took over responsibility for all law-enforcement activities in Ukraine. Following the independence of Ukraine in 1991 all these units operating on Ukrainian territory were transferred to the command of the newly formed Ministry of Internal Affairs of Ukraine
which continues to exercise control over Ukrainian law enforcement agencies to this day.
Minikh
the units of landmilitia were renamed into the Ukrainian Militia Corps that was accounted for 20 cavalry regiments. Since 1762 when the Emperor Peter III
ordered the corps to be called simply the Ukrainian, the word landmilitia fell out of use. In 1770 the Ukrainian Corps was merged with the Russian regular army, however, the special tax that was paid by the population of Ukraine for the landmilitia upkeep
was liquidated only in the beginning of 19th century.
NKVD
's branch in Ukrainian SSR
- the "NKVD of the UkrSSR", which was later reformed into the "Ministry of Internal Affairs of UkrSSR" (Ministerstvo vnutrishnikh sprav Ukrayins'koyi SSR). Both agencies were merely a regional branch of the all-Soviet Ministry of Internal Affairs, and essentially a militsiya force since the late 1950s. Despite some operational autonomy, all regulations and standards of policing were established by the central Ministry; Moscow was directly co-ordinating important operations in Ukraine (such as anti-corruption
investigations regarding statesmen of higher levels or other politics-related issues), including deployment of detective brigades from central offices in case of need. TheMilitsiya of the Ukrainian SSR used the same ranks, insignia and vehicle liveries as the rest of the Soviet militsiya.
Like all the Soviet Ministries of Internal Affairs, the Ukrainian SSR MVS included not only the militsiya, but also the republican branch of non-police services, such as:
to the MGB-KGB
, the militsiya became a secondary instrument of repression in the hands of the KGB, fulfilling such tasks as:
(appointed by the President unilaterally), also a formal member of Ukraine's Cabinet of Ministers
. Before the Orange Revolution
, only militsiya Generals (not civil statesmen), were appointed Ministers.
The Ukrainian militsiya has a significant record of law violation and human rights abuse. The most notorious case is the agency's involvement in the murder of journalist Georgiy Gongadze in 2000. Soon after Gongadze's disappearance, recordings of a Major Melnychenko
were revealed. A fragment of the recorded conversations portrayed MVS Minister Kravchenko
promising President Kuchma
to "take care" of the oppositional journalist. According to the recordings, Kravchenko told Kuchma that he controls a special group of high-class detective
s "without any morals, and ready to do anything".
The decapitated and disfigured body of Gongadze was found later in a forest, and a long-lasting investigation started. In 2005, soon after the Orange Revolution
, the first results of the case appeared. Three members of the MVS detective squad were charged with the abduction and murder of Gongadze. An international warrant was issued for their chief, General Oleksiy Pukach, who was supposedly hiding abroad. In March 2005, ex-Minister Kravchenko, the main participant of the case, was found shot in the head (supposedly by his own hand). Later, in September 2010, Ukraine's Office of the Prosecutor General issued a statement stating that prosecutors had concluded that Kravchenko had ordered Pukach to carry out the murder, and stating that Pukach had confessed to the murder.
In the Melnychen recordings, the hitmen group was called "orly" (literally "eagles") by the Minister. (Orly here it is not a proper name, but a traditional Russian
common name
for brave and skillful soldiers). Since then, the phrase "Orly of Kravchenko", became a symbol of lawlessness and brutality in Ukrainian law enforcement.
(Ukrainian abbreviation: UBK) mass protest campaign against President
Leonid Kuchma
, using various methods: from direct attacks to the infiltration of provocateurs. The final confrontation took place on March 9, 2001 on the central streets of Kiev
, including clashes between protesters and anti-riot units, and mass arrests of youngsters in the city.
and the Orange Revolution
, the MVS did not confront the opposition protests, although media sources claim that respective orders were given to its anti-riot units by senior commanders and leaders of the country. Minor clashes between protesters and the Berkut
happened in the city of Chernihiv
, but both sides agreed that they were incidental and provoked by unknown forces. The opposition also accused the militsiya of involvement in attempted electoral fraud
that occurred at polling station
s.
In February 2005, after the revolution, as part of the post-election democratic changes, President
Viktor Yushchenko
appointed Yuriy Lutsenko
as the new Minister of Internal Affairs. Unlike his predecessors, Lutsenko was a career politician and had never served in the militsiya or any other law enforcement agency. Moreover, as one of the main figures in the Socialist Party of Ukraine
, Lutsenko participated in several protest campaigns and conflicts with the militsiya. The new minister demanded resignations from those officers involved in racketeering. Thus, taking a significant step towards the establishment of civil
control over the Ukrainian militia.
In January 2006, Minister Lutsenko admitted that the MVS is in possession of the evidence that would allow them to question and charge ex-President Leonid Kuchma
in a privatization
wrongdoing case, if only the MVS had the authority for starting such a case autonomously. Later, according to 2004 constitutional amendments that took effect after the 2006 parliamentary elections, the minister is now nominated by the Prime Minister
and appointed by the Verkhovna Rada
(parliament), without formal influence of the President. Thus Yuriy Lutsenko, the Minister at the time, who was previously appointed under the old procedure, was reappointed, thereby becoming the first-ever MVS Minister to be agreed upon by the parliamentary coalition
and appointed by parliament.
On December 1, 2006, Verkhovna Rada dismissed Lutsenko and appointed Vasyl Tsushko
of the Socialist Party
as the new Minister. Like his predecessor, Tsushko was also a civil politician (and previously a vineyard
manager), not connected to the militsiya before his appointment. Additionally, Tsushko was the first-ever MVS Minister not subordinated to the President. However, in 2007 Lutsenko returned to the post of minister and remained there until the elections which brought Viktor Yanukovich to power in 2010. After Yanukovich's election, Anatolii Mohyliov
was appointed to the minister's position; he is a career militia officer and currently holds the rank of Colonel General of the militsiya. Vitaliy Zakharchenko
succeeded him in November 2011.
dispute over the country's Internal Troops
. Following minor political clashes involving the militsiya and presidential security forces, President Viktor Yuschenko issued a decree re-subordinating Internal Troops from the Ministry of Internal Affairs directly to the President. The MVS criticized both the decree and the subsequent troop movements. Luckily, both sides in the political crisis managed to avoid further clashes between law enforcers. Now the Internal Troops, as well as all militsiya units, returned to their routine tasks and re-established practical co-ordination. However, the legal dispute over Internal Troops remains unsolved. The Troops command declares its subordination to the President - according to the decree which is currently being appealed in court by the Cabinet of Ministers
.
On October 10, 2008 officers from the Security Service of Ukraine detained deputy platoon commander of the Kharkiv
city division patrol and inspection service regiment of the Main Interior Affairs Ministry Directorate in Kharkiv region on suspicion of pushing narcotic drugs.
According to head of the trade union of attested employees of law enforcement agencies Anatolii Onyschuk, sociologic research shows that 3.9% of the Ukrainian militiamen trust the state, while 67.7% distrusted the state.
is a largely centralised state, regional law enforcement agencies do not really exist in the way that they do in the United States, Germany
or the UK. In Ukraine, the national police service (Militsiya
) is directly responsible to the central government, and while it operates with an organisational structure that allows oblast and local metropolitan commands to exist, the regional authorities do not have any major say in law enforcement policy, and cannot affect the day-to-day operations of their local force.
The Ukrainian law enforcement agencies, and particularly the Militsiya, have been criticised for providing private security services to business and industrial complexes throughout Ukraine. While this, in accordance with Ukrainian law, is a legal undertaking on the part of the Ukrainian police, it has become highly unpopular, as the force is largely seen to place priority on responding to private security calls instead of emergency calls from citizens.
In addition to local and national 'police' forces, there are also a number of specialised agencies which operate with more specific objectives in mind.
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
is the responsibility of a variety of different agencies.
Pre-20th Century
The history of law enforcement in Ukraine is a very complex one. Since the Ukrainian state has rarely existed throughout history, the history of law enforcement in Ukraine is largely related to the history of the region's occupying powers and their respective agencies. For the most part of its history, since the downfall of Kievan Rus, acts passed and enforced by the Polish Lithuanian Commonwealth and Tsardom of RussiaTsardom of Russia
The Tsardom of Russia was the name of the centralized Russian state from Ivan IV's assumption of the title of Tsar in 1547 till Peter the Great's foundation of the Russian Empire in 1721.From 1550 to 1700, Russia grew 35,000 km2 a year...
were representative of the development of the legal system and its imposition in the ethnically Ukrainian lands.
After the collapse of the Polish Lithuanian Commonwealth and the division of what is now considered Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
between the Russian
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
and Austro-Hungarian empires, the organisation of law enforcement agencies came under the direct supervision of authorities based in Saint Petersburg
Saint Petersburg
Saint Petersburg is a city and a federal subject of Russia located on the Neva River at the head of the Gulf of Finland on the Baltic Sea...
and Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
. However, while the Austrian authorities were traditionally seen as liberal, exercising fair justice, the Russians were outwardly hostile to Ukrainian nationalism and initiated a process of gradual, forced Russification
Russification
Russification is an adoption of the Russian language or some other Russian attributes by non-Russian communities...
. This process of forced ethnic assimilation was imposed through use of the Imperial Police to shut down non-academic Ukrainian social organisations. Interestingly however, high-register Ukrainian literary works, which were deemed to be too complex for large scale readership, were not censored or suppressed; in the contemporary era this collection of works in the Ukrainian language has provided support for the development of national consciousness.
1919-present
After the First World War, ethnic Ukrainians again found themselves under the auspices of either the SovietSoviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
or Polish governments. This situation lasted until the beginning of the Second World War, at which point the whole of what is now considered Ukrainian territory came under control of the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
. During the war the German Wehrmacht
Wehrmacht
The Wehrmacht – from , to defend and , the might/power) were the unified armed forces of Nazi Germany from 1935 to 1945. It consisted of the Heer , the Kriegsmarine and the Luftwaffe .-Origin and use of the term:...
was pressured for political reasons to gradually restore private properties in zones under military control and accept local volunteer recruits into their units and the Waffen SS, promoted by local nationalists' organizations O.U.M. and U.P.A., while receiving political support from the Wehrmacht. This led to the establishment of a Ukrainian Schutzpolizei to police Nazi-controlled areas of Ukraine.
Following the conclusion of the Second World War, the Soviet Union expelled all non-Soviet peoples, such as ethnic Poles, from the territory of the post-1945 Ukrainian SSR
Ukrainian SSR
The Ukrainian Soviet Socialist Republic or in short, the Ukrainian SSR was a sovereign Soviet Socialist state and one of the fifteen constituent republics of the Soviet Union lasting from its inception in 1922 to the breakup in 1991...
. At this point the Soviet Militsiya
Militsiya
Militsiya or militia is used as an official name of the civilian police in several former communist states, despite its original military connotation...
and other units of the Soviet Ministry of Internal Affairs took over responsibility for all law-enforcement activities in Ukraine. Following the independence of Ukraine in 1991 all these units operating on Ukrainian territory were transferred to the command of the newly formed Ministry of Internal Affairs of Ukraine
Ministry of Internal Affairs of Ukraine
The Ministry of Internal Affairs of Ukraine is the main body in the system of central bodies of exeecutive power that provides formation and realization of the state policy in the sphere of protection the rights and liberties of citizens, unlawful acts against the interest of society and state,...
which continues to exercise control over Ukrainian law enforcement agencies to this day.
Early history
On February 2, 1713 by the order of Peter I in Ukraine were formed landmilitia out of regiments of the Russian army quartered in Ukraine and specially recruited soldiers to carry out security and guard duties. Since 1722 local cossacks were allowed to join landmilitia. In 1736 by the request of the great Russian military reformer General Field marshalField Marshal
Field Marshal is a military rank. Traditionally, it is the highest military rank in an army.-Etymology:The origin of the rank of field marshal dates to the early Middle Ages, originally meaning the keeper of the king's horses , from the time of the early Frankish kings.-Usage and hierarchical...
Minikh
Burkhard Christoph von Munnich
Count Burkhard Christoph von Münnich was a Danish-born German soldier-engineer who became a field marshal and political figure in the Russian Empire. He was the major Russian Army reformer and founder of several elite military formations during the reign of Anna of Russia. As a statesman, he is...
the units of landmilitia were renamed into the Ukrainian Militia Corps that was accounted for 20 cavalry regiments. Since 1762 when the Emperor Peter III
Peter III of Russia
Peter III was Emperor of Russia for six months in 1762. He was very pro-Prussian, which made him an unpopular leader. He was supposedly assassinated as a result of a conspiracy led by his wife, who succeeded him to the throne as Catherine II.-Early life and character:Peter was born in Kiel, in...
ordered the corps to be called simply the Ukrainian, the word landmilitia fell out of use. In 1770 the Ukrainian Corps was merged with the Russian regular army, however, the special tax that was paid by the population of Ukraine for the landmilitia upkeep
Upkeep
Upkeep may refer to* Maintenance, repair and operations* A bouncing bomb developed in World War II for Operation Chastise...
was liquidated only in the beginning of 19th century.
MVS in the Soviet Republic of Ukraine
The contemporary Ministry of Internal Affairs of Ukraine originates from the SovietSoviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
NKVD
NKVD
The People's Commissariat for Internal Affairs was the public and secret police organization of the Soviet Union that directly executed the rule of power of the Soviets, including political repression, during the era of Joseph Stalin....
's branch in Ukrainian SSR
Ukrainian SSR
The Ukrainian Soviet Socialist Republic or in short, the Ukrainian SSR was a sovereign Soviet Socialist state and one of the fifteen constituent republics of the Soviet Union lasting from its inception in 1922 to the breakup in 1991...
- the "NKVD of the UkrSSR", which was later reformed into the "Ministry of Internal Affairs of UkrSSR" (Ministerstvo vnutrishnikh sprav Ukrayins'koyi SSR). Both agencies were merely a regional branch of the all-Soviet Ministry of Internal Affairs, and essentially a militsiya force since the late 1950s. Despite some operational autonomy, all regulations and standards of policing were established by the central Ministry; Moscow was directly co-ordinating important operations in Ukraine (such as anti-corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
investigations regarding statesmen of higher levels or other politics-related issues), including deployment of detective brigades from central offices in case of need. TheMilitsiya of the Ukrainian SSR used the same ranks, insignia and vehicle liveries as the rest of the Soviet militsiya.
Like all the Soviet Ministries of Internal Affairs, the Ukrainian SSR MVS included not only the militsiya, but also the republican branch of non-police services, such as:
- Passport and registration offices
- Internal TroopsInternal TroopsThe Internal Troops, full name Internal Troops of the Ministry for Internal Affairs ; alternatively translated as "Interior " is a paramilitary gendarmerie-like force in the now-defunct Soviet Union and its successor countries, particularly, in Russia, Ukraine, Georgia and Azerbaijan...
and prison administration (including the Chief Directorate of CampsGulagThe Gulag was the government agency that administered the main Soviet forced labor camp systems. While the camps housed a wide range of convicts, from petty criminals to political prisoners, large numbers were convicted by simplified procedures, such as NKVD troikas and other instruments of...
) - Fire and rescue service
MVS and political repressions in Soviet Ukraine
MVS of the Ukrainian SSR has been directly involved in Soviet political repressions in Ukraine at all stages. Since the splitting of the NKVD and detachment of the secret policeSecret police
Secret police are a police agency which operates in secrecy and beyond the law to protect the political power of an individual dictator or an authoritarian political regime....
to the MGB-KGB
KGB
The KGB was the commonly used acronym for the . It was the national security agency of the Soviet Union from 1954 until 1991, and was the premier internal security, intelligence, and secret police organization during that time.The State Security Agency of the Republic of Belarus currently uses the...
, the militsiya became a secondary instrument of repression in the hands of the KGB, fulfilling such tasks as:
- conducting fabricated charges of non-political crimes against Ukrainian dissidentDissidentA dissident, broadly defined, is a person who actively challenges an established doctrine, policy, or institution. When dissidents unite for a common cause they often effect a dissident movement....
s (like Vyacheslav ChornovilVyacheslav ChornovilViacheslav Chornovil was a Ukrainian politician. A prominent Ukrainian dissident to the Soviet policies, he was arrested multiple times in the 1960s and 1970s for his political views...
) - tackling occasional mass protests against Soviet rule
- maintaining the propiskaPropiskaPropiska was both a residence permit and migration recording tool in the Russian Empire before 1917 and from 1930s in the Soviet Union. It was documented in local police registers and certified with a stamp in internal passports....
regime - participation in ethnic-related repressions and restrictions
- assisting in the persecution of religionReligionReligion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
- direct persecution of homosexuals and various restricted cultural movements (like rockRock and rollRock and roll is a genre of popular music that originated and evolved in the United States during the late 1940s and early 1950s, primarily from a combination of African American blues, country, jazz, and gospel music...
ers, punks, bikerMotorcyclingMotorcycling is the act of riding a motorcycle. A variety of subcultures and lifestyles have been built up around motorcycling.-Benefits:Robert M. Pirsig's book Zen and the Art of Motorcycle Maintenance was a paean celebrating motorcycling...
s, karateKarateis a martial art developed in the Ryukyu Islands in what is now Okinawa, Japan. It was developed from indigenous fighting methods called and Chinese kenpō. Karate is a striking art using punching, kicking, knee and elbow strikes, and open-handed techniques such as knife-hands. Grappling, locks,...
students etc.)
MVS of independent Ukraine
Post-Independence reformation and the Gongadze case
Since independence and before the 2004 Constitutional Reform, Ukraine's Minister of Internal Affairs was directly subordinate to the President of UkrainePresident of Ukraine
Prior to the formation of the modern Ukrainian presidency, the previous Ukrainian head of state office was officially established in exile by Andriy Livytskyi. At first the de facto leader of nation was the president of the Central Rada at early years of the Ukrainian People's Republic, while the...
(appointed by the President unilaterally), also a formal member of Ukraine's Cabinet of Ministers
Cabinet of Ministers of Ukraine
The Cabinet of Ukraine is the highest body of state executive power in Ukraine also referred to as the Government of Ukraine...
. Before the Orange Revolution
Orange Revolution
The Orange Revolution was a series of protests and political events that took place in Ukraine from late November 2004 to January 2005, in the immediate aftermath of the run-off vote of the 2004 Ukrainian presidential election which was claimed to be marred by massive corruption, voter...
, only militsiya Generals (not civil statesmen), were appointed Ministers.
The Ukrainian militsiya has a significant record of law violation and human rights abuse. The most notorious case is the agency's involvement in the murder of journalist Georgiy Gongadze in 2000. Soon after Gongadze's disappearance, recordings of a Major Melnychenko
Mykola Melnychenko
Mykola Melnychenko was a bodyguard of the former Ukrainian President Leonid Kuchma.Between 1998 and 2000 Melnychenko allegedly recorded numerous conversations that took place in the office of the Ukrainian leader before fleeing abroad with the secretly taped recordings...
were revealed. A fragment of the recorded conversations portrayed MVS Minister Kravchenko
Yuriy Kravchenko
Yuriy Fedorovych Kravchenko , was a Ukrainian police officer and statesman. In 2000, while a Minister of Internal Affairs, Kravchenko became directly involved in the murder case of Georgiy Gongadze and subsequent Cassette Scandal...
promising President Kuchma
Leonid Kuchma
Leonid Danylovych Kuchma was the second President of independent Ukraine from 19 July 1994, to 23 January 2005. Kuchma took office after winning the 1994 presidential election against his rival, incumbent Leonid Kravchuk...
to "take care" of the oppositional journalist. According to the recordings, Kravchenko told Kuchma that he controls a special group of high-class detective
Detective
A detective is an investigator, either a member of a police agency or a private person. The latter may be known as private investigators or "private eyes"...
s "without any morals, and ready to do anything".
The decapitated and disfigured body of Gongadze was found later in a forest, and a long-lasting investigation started. In 2005, soon after the Orange Revolution
Orange Revolution
The Orange Revolution was a series of protests and political events that took place in Ukraine from late November 2004 to January 2005, in the immediate aftermath of the run-off vote of the 2004 Ukrainian presidential election which was claimed to be marred by massive corruption, voter...
, the first results of the case appeared. Three members of the MVS detective squad were charged with the abduction and murder of Gongadze. An international warrant was issued for their chief, General Oleksiy Pukach, who was supposedly hiding abroad. In March 2005, ex-Minister Kravchenko, the main participant of the case, was found shot in the head (supposedly by his own hand). Later, in September 2010, Ukraine's Office of the Prosecutor General issued a statement stating that prosecutors had concluded that Kravchenko had ordered Pukach to carry out the murder, and stating that Pukach had confessed to the murder.
In the Melnychen recordings, the hitmen group was called "orly" (literally "eagles") by the Minister. (Orly here it is not a proper name, but a traditional Russian
Russian language
Russian is a Slavic language used primarily in Russia, Belarus, Uzbekistan, Kazakhstan, Tajikistan and Kyrgyzstan. It is an unofficial but widely spoken language in Ukraine, Moldova, Latvia, Turkmenistan and Estonia and, to a lesser extent, the other countries that were once constituent republics...
common name
Common name
A common name of a taxon or organism is a name in general use within a community; it is often contrasted with the scientific name for the same organism...
for brave and skillful soldiers). Since then, the phrase "Orly of Kravchenko", became a symbol of lawlessness and brutality in Ukrainian law enforcement.
MVS and the UBK campaign
In 2000-2001, the MVS was trying to tackle Ukraine without KuchmaUkraine without Kuchma
Ukraine without Kuchma! or UbK was a mass protest campaign preceding the Orange Revolution that took place in Ukraine in 2000–2001. Unlike the Orange Revolution the UbK was effectively extinguished by the government enforcement units followed by numerous arrests of the opposition and the...
(Ukrainian abbreviation: UBK) mass protest campaign against President
President of Ukraine
Prior to the formation of the modern Ukrainian presidency, the previous Ukrainian head of state office was officially established in exile by Andriy Livytskyi. At first the de facto leader of nation was the president of the Central Rada at early years of the Ukrainian People's Republic, while the...
Leonid Kuchma
Leonid Kuchma
Leonid Danylovych Kuchma was the second President of independent Ukraine from 19 July 1994, to 23 January 2005. Kuchma took office after winning the 1994 presidential election against his rival, incumbent Leonid Kravchuk...
, using various methods: from direct attacks to the infiltration of provocateurs. The final confrontation took place on March 9, 2001 on the central streets of Kiev
Kiev
Kiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....
, including clashes between protesters and anti-riot units, and mass arrests of youngsters in the city.
MVS during the Orange Revolution and since
During the 2004 electionUkrainian presidential election, 2004
The Ukrainian presidential election, 2004 was held on October 31, November 21 and December 26, 2004. The election was the fourth presidential election to take place in Ukraine following independence from the Soviet Union...
and the Orange Revolution
Orange Revolution
The Orange Revolution was a series of protests and political events that took place in Ukraine from late November 2004 to January 2005, in the immediate aftermath of the run-off vote of the 2004 Ukrainian presidential election which was claimed to be marred by massive corruption, voter...
, the MVS did not confront the opposition protests, although media sources claim that respective orders were given to its anti-riot units by senior commanders and leaders of the country. Minor clashes between protesters and the Berkut
Berkut (Ukraine)
The "Berkut" is the system of special units of the Ukrainian militsiya within the Ministry of Internal Affairs and Ukraine's successor of the Soviet OMON. Currently it is considered to be part of the Militsiya of Public Security. Its full name is "Berkut" Separate Special Assignment Unit of...
happened in the city of Chernihiv
Chernihiv
Chernihiv or Chernigov is a historic city in northern Ukraine. It is the administrative center of the Chernihiv Oblast , as well as of the surrounding Chernihivskyi Raion within the oblast...
, but both sides agreed that they were incidental and provoked by unknown forces. The opposition also accused the militsiya of involvement in attempted electoral fraud
Electoral fraud
Electoral fraud is illegal interference with the process of an election. Acts of fraud affect vote counts to bring about an election result, whether by increasing the vote share of the favored candidate, depressing the vote share of the rival candidates or both...
that occurred at polling station
Polling station
A polling place or polling station is where voters cast their ballots in elections.Since elections generally take place over a one- or two-day span on a periodic basis, often annual or longer, polling places are often located in facilities used for other purposes, such as schools, churches, sports...
s.
In February 2005, after the revolution, as part of the post-election democratic changes, President
President of Ukraine
Prior to the formation of the modern Ukrainian presidency, the previous Ukrainian head of state office was officially established in exile by Andriy Livytskyi. At first the de facto leader of nation was the president of the Central Rada at early years of the Ukrainian People's Republic, while the...
Viktor Yushchenko
Viktor Yushchenko
Viktor Andriyovych Yushchenko is a former President of Ukraine. He took office on January 23, 2005, following a period of popular unrest known as the Orange Revolution...
appointed Yuriy Lutsenko
Yuriy Lutsenko
Yuriy Vitaliyovych Lutsenko is a Ukrainian politician and statesman and former Minister of Internal Affairs, he occupied this post in the two Cabinets of Yulia Tymoshenko and in Cabinets of Yuriy Yekhanurov, and Viktor Yanukovych...
as the new Minister of Internal Affairs. Unlike his predecessors, Lutsenko was a career politician and had never served in the militsiya or any other law enforcement agency. Moreover, as one of the main figures in the Socialist Party of Ukraine
Socialist Party of Ukraine
The Socialist Party of Ukraine is a Socialist political party in Ukraine and part of the Verkhovna Rada from 1994 to 2007.It is one of the oldest parties and was created by the former members of the Communist Party of Ukraine in late 1991 when the Communist Party was banned...
, Lutsenko participated in several protest campaigns and conflicts with the militsiya. The new minister demanded resignations from those officers involved in racketeering. Thus, taking a significant step towards the establishment of civil
Civilian
A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation...
control over the Ukrainian militia.
In January 2006, Minister Lutsenko admitted that the MVS is in possession of the evidence that would allow them to question and charge ex-President Leonid Kuchma
Leonid Kuchma
Leonid Danylovych Kuchma was the second President of independent Ukraine from 19 July 1994, to 23 January 2005. Kuchma took office after winning the 1994 presidential election against his rival, incumbent Leonid Kravchuk...
in a privatization
Privatization
Privatization is the incidence or process of transferring ownership of a business, enterprise, agency or public service from the public sector to the private sector or to private non-profit organizations...
wrongdoing case, if only the MVS had the authority for starting such a case autonomously. Later, according to 2004 constitutional amendments that took effect after the 2006 parliamentary elections, the minister is now nominated by the Prime Minister
Prime Minister of Ukraine
The Prime Minister of Ukraine is Ukraine's head of government presiding over the Cabinet of Ministers of Ukraine, which is the highest body of the executive branch of the Ukrainian government....
and appointed by the Verkhovna Rada
Verkhovna Rada
The Verkhovna Rada of Ukraine is Ukraine's parliament. The Verkhovna Rada is a unicameral parliament composed of 450 deputies, which is presided over by a chairman...
(parliament), without formal influence of the President. Thus Yuriy Lutsenko, the Minister at the time, who was previously appointed under the old procedure, was reappointed, thereby becoming the first-ever MVS Minister to be agreed upon by the parliamentary coalition
Coalition
A coalition is a pact or treaty among individuals or groups, during which they cooperate in joint action, each in their own self-interest, joining forces together for a common cause. This alliance may be temporary or a matter of convenience. A coalition thus differs from a more formal covenant...
and appointed by parliament.
On December 1, 2006, Verkhovna Rada dismissed Lutsenko and appointed Vasyl Tsushko
Vasyl Tsushko
Vasyl Petrovych Tsushko is a Ukrainian politician former Minister of Internal Affairs of Ukraine, appointed on quote of the Communist Party, and former Minister of Internal Affairs of Ukraine....
of the Socialist Party
Socialist Party of Ukraine
The Socialist Party of Ukraine is a Socialist political party in Ukraine and part of the Verkhovna Rada from 1994 to 2007.It is one of the oldest parties and was created by the former members of the Communist Party of Ukraine in late 1991 when the Communist Party was banned...
as the new Minister. Like his predecessor, Tsushko was also a civil politician (and previously a vineyard
Vineyard
A vineyard is a plantation of grape-bearing vines, grown mainly for winemaking, but also raisins, table grapes and non-alcoholic grape juice...
manager), not connected to the militsiya before his appointment. Additionally, Tsushko was the first-ever MVS Minister not subordinated to the President. However, in 2007 Lutsenko returned to the post of minister and remained there until the elections which brought Viktor Yanukovich to power in 2010. After Yanukovich's election, Anatolii Mohyliov
Anatolii Mohyliov
Anatolii Volodymyrovych Mohyliov is the Prime Minister of Crimea since November 8, 2011 and former Ukrainian Minister of Internal Affairs.-Biography:...
was appointed to the minister's position; he is a career militia officer and currently holds the rank of Colonel General of the militsiya. Vitaliy Zakharchenko
Vitaliy Zakharchenko
Vitaliy Yuriyovych Zakharchenko is since 7 November 2011 the Ukrainian Minister of Internal Affairs-Biography:Police Major General Vitaliy Zakharchenko graduated on the Riga branch of the Minsk Higher School of Interior of the USSR in 1991. He had began his career in the police of the Donetsk...
succeeded him in November 2011.
Recent developments
In May 2007, the on-going political crisis in Ukraine lead to a jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
dispute over the country's Internal Troops
Internal Troops of Ukraine
The Internal Troops of Ukraine is an uniformed gendarmerie-like forces in Ukraine...
. Following minor political clashes involving the militsiya and presidential security forces, President Viktor Yuschenko issued a decree re-subordinating Internal Troops from the Ministry of Internal Affairs directly to the President. The MVS criticized both the decree and the subsequent troop movements. Luckily, both sides in the political crisis managed to avoid further clashes between law enforcers. Now the Internal Troops, as well as all militsiya units, returned to their routine tasks and re-established practical co-ordination. However, the legal dispute over Internal Troops remains unsolved. The Troops command declares its subordination to the President - according to the decree which is currently being appealed in court by the Cabinet of Ministers
Cabinet of Ministers of Ukraine
The Cabinet of Ukraine is the highest body of state executive power in Ukraine also referred to as the Government of Ukraine...
.
On October 10, 2008 officers from the Security Service of Ukraine detained deputy platoon commander of the Kharkiv
Kharkiv
Kharkiv or Kharkov is the second-largest city in Ukraine.The city was founded in 1654 and was a major centre of Ukrainian culture in the Russian Empire. Kharkiv became the first city in Ukraine where the Ukrainian Soviet Socialist Republic was proclaimed in December 1917 and Soviet government was...
city division patrol and inspection service regiment of the Main Interior Affairs Ministry Directorate in Kharkiv region on suspicion of pushing narcotic drugs.
According to head of the trade union of attested employees of law enforcement agencies Anatolii Onyschuk, sociologic research shows that 3.9% of the Ukrainian militiamen trust the state, while 67.7% distrusted the state.
Contemporary law enforcement
As UkraineUkraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
is a largely centralised state, regional law enforcement agencies do not really exist in the way that they do in the United States, Germany
Law enforcement in Germany
Law enforcement in Germany is constitutionally vested solely with the states, which is one of the main features of the German political system. Therefore, unlike France, Italy, the United States, Canada or many other countries, Germany has no federal police force comparable to the Italian...
or the UK. In Ukraine, the national police service (Militsiya
Militsiya
Militsiya or militia is used as an official name of the civilian police in several former communist states, despite its original military connotation...
) is directly responsible to the central government, and while it operates with an organisational structure that allows oblast and local metropolitan commands to exist, the regional authorities do not have any major say in law enforcement policy, and cannot affect the day-to-day operations of their local force.
The Ukrainian law enforcement agencies, and particularly the Militsiya, have been criticised for providing private security services to business and industrial complexes throughout Ukraine. While this, in accordance with Ukrainian law, is a legal undertaking on the part of the Ukrainian police, it has become highly unpopular, as the force is largely seen to place priority on responding to private security calls instead of emergency calls from citizens.
In addition to local and national 'police' forces, there are also a number of specialised agencies which operate with more specific objectives in mind.
Law enforcement agencies
- МiлiцiяMilitsiyaMilitsiya or militia is used as an official name of the civilian police in several former communist states, despite its original military connotation...
(Militia) - civil police service of the Ministry of Internal Affairs. - Внутрішні війська (Internal Troops) - provide a gendarmerieGendarmerieA gendarmerie or gendarmery is a military force charged with police duties among civilian populations. Members of such a force are typically called "gendarmes". The Shorter Oxford English Dictionary describes a gendarme as "a soldier who is employed on police duties" and a "gendarmery, -erie" as...
function, supporting the Militsiya and dealing with large-scale riots and internal armed conflicts. They also provide security for highly important facilities (like nuclear power plants). - Служба Безпеки України (Security Service of Ukraine) - provides domestic intelligence service and presidential guardPresidential GuardPresidential Guard may refer to:*Evzones, the Greek Presidential Guard, formerly the Royal Guard.*Presidential Guard *Presidential Guard *Presidential Guard *Presidential Guard Brigade...
, and used to operate as a secret policeSecret policeSecret police are a police agency which operates in secrecy and beyond the law to protect the political power of an individual dictator or an authoritarian political regime....
. - Державна Прикордонна Служба УкраїниState Border Guard Service of UkraineState Border Guard Service of Ukraine is the border guard of Ukraine. It is an independent law enforcement agency of special assignment, the head of which is subordinated to the President of Ukraine...
(State Border Guard Service of Ukraine) - provides a border guardBorder guardThe border guard, frontier guard, border patrol, border police, or frontier police of a country is a national security agency that performs border control, i.e., enforces the security of the country's national borders....
.- Морська охоронаUkrainian Sea GuardUkrainian Sea Guard is the coast guard service of Ukraine, subordinated to its Border Guard Service.Sea Guard vessels bear the Морська охорона inscription on their boards....
(Sea Guard) - a coast guard subordinate to the State Border Guard Service.
- Морська охорона
- Державна кримінально-виконавча служба УкраїниPrisons in UkrainePrisons in Ukraine are regulated by the State Penitentiary Service of Ukraine that is part of the Ministry of Justice of Ukraine.There are 32 preliminary prisons, 131 penitentiary establishments for adults and 8 colonies for minor criminals in Ukraine. According to Amnesty International torture and...
(State Prison and Penitentiary Service) - provides prison administration and guard functions