Main
prerequisites of successful border management reforms
State
Border Guard Service of Ukraine is the most proactive agency in
comparison to other defense and law enforcement structures and it
resolves from the military structure into law enforcement
(police-type) body.
The
main incentive for agency’s development was its real
depoliticization, institutional stability and large lobbying
capacities. Since the end of 2001 till now M.M. Lytvyn, brother of
speaker Ukrainian parliament V.M. Lytvyn, has been working as a head
of State border guard service of Ukraine.
During all this time there were no substantial personnel convulsions
concerning heads of departments – deputies Head that made provision
for stable management and consistency in decisions implementation.
Proximity to politicians, responsible for state decision-making let
lobby all important legislative and budget initiatives that served as
an impetus for reforms.
Besides,
active international cooperation and interest of the EU and the USA
in secure Ukrainian borders has become another precondition for
reforms. Regular successful contacts and experience transfer among
state officials of State Border Guard
Service of Ukraine and their European colleagues has changed the
attitudes to the system and practices of border defense. Great
interest of the EU in reliable system of Ukrainian border defense
across all its territory let foreign donors fully implement all the
technical assistance programs.
Implementation
of Action Plan on Liberalization of EU Visa Regime for Ukraine as it
pertains to border management in 2011
Implementation
of first stage assignments (legislation and political grounds):
Plan
on Visa Regime Liberalization envisaged implementation of the
following events:
-
Adoption
of the required regulations for the realization of Program on State
Border Development and Reconstruction till 2015 and development
of Concept of State Border Guard Service
of Ukraine, which includes legal founding for inter-agency
cooperation of State Border Service with law-enforcement agencies
and other agencies that take part in border management and also
giving an opportunity to State Border Guard Service of Ukraine to
participate in identifying and investigating border-related crimes
in coordination with all the law-enforcement agencies concerned;
-
Adoption
of National Integrated Border Management Strategy and Action Plan on
its Implementation;
-
Introduction
of training programs and anti-corruption ethical codes pertaining to
officials dealing with border management.
The
Concept of National Integrated Border
Management was adopted by the Cabinet of Ministers on October, 27,
2010. Action Plan for its Implementation was adopted by the Cabinet
of Ministers on January 5, 2011. According to the self-review data
provided by Border Guard Service of Ukraine 29 % of targets were
accomplished during 2011.
Within
the framework of this concept implementation and other development
programs a series of regulations and bills were adopted in 2011:
-
“On
refugees and persons who are in need of additional or temporary
asylum” from 08.07.2011 № 3671-VI (came into force 04.08.2011);
-
“On
amending some legislative regulations of Ukraine concerning
preliminary documents control at the crossing point of customs
border of Ukraine” from 03.02.2011 № 2973-VI (came into force
31.05.2011);
-
№ 03018-VI “On amending the Law of Ukraine
“On Ukraine’s Accession to the Protocol on Amending the
International Convention on Simplification and Harmonization of
Custom Procedures” from 15.02.2011;
-
№
3748-VI “On amending the Law of Ukraine “On
Telecommunications” from 20.09.2011 (came to force 15.10.2011).
This
bill regulates the procedure of terminating equipment cut-off and
priority provision of telecommunications services to the departments
of State Custom Agency.
The
following regulations should be taken into account while considering
legal groundings for inter-agency cooperation with law-enforcement
bodies:
-
Within
the framework of information exchange system improvement of the
subjects of integrated border management an order of State Border
Guard Service Administration, Ministry of Infrastructure of Ukraine,
Ministry of Internal Affairs of Ukraine, Ministry of Foreign
Affairs of Ukraine, Ministry of Finance of Ukraine, Security Service
of Ukraine, National Agency of Public Service from 12.10.2011 №
753/423/737/288/1283/392/30 (registration in the Ministry of Justice
of Ukraine on October, 19, 2011) regulated the practice of data
exchange among the subjects of integrated border management which
defines the procedures of Concept of Integrated Border Management
and State Border Security implementation and the processing
practices of common information, analytical and strategic bulletins
on integrated border management.
Unfortunately,
State Border Guard Service is still not authorized to identify and
investigate border-related crimes in coordination with all
the law-enforcement agencies concerned.
Concerning
the introduction of training programs and anti-corruption ethical
codes the following achievements should be noted:
-
Code
of Conduct for Officials whose functional duties include border
management was adopted by the order of Ministry
of Internal Affairs of Ukraine, Ministry of Foreign Affairs of
Ukraine, Ministry of Finance of Ukraine, State Border Service
Administration from 05.07.2011 №
330/151/809/434/146;
-
State
Border Service adopted Program on Prevention and Counter-Action to
Corruption in 2011-2015;
-
A distant learning training course for mid-tier heads of Border
Service, animated system for training of Border Service personnel
were implemented; common training events are implemented in
cooperation with Border Service of Poland; a new department on
integrated border management was created in the National academy of
State border
guard service; a series of trainings on integrated
border management were organized, as well as attended by Border Service officials; a
new system of language training of personnel was implemented in the
border and custom offices.
So,
we can conclude that the lawmakers were quite active at adoption of
required for border service reforms bills and regulations. Still some
problems remain unresolved, for instance the role of State Border
Service in investigating border-related crimes.
Accomplishment of second, implementation stage assignments:
Action Plan envisages the following assignments:
-
Effective
implementation of law “On Border Control” from 2009: proper
border control and border surveillance; state of affairs estimation
on national, regional and local levels, including risks analysis;
intelligence service and data flow management; direct access and
comparative checks with national and international databases.
-
Making
provisions for appropriate infrastructure, technical equipment;
IT-technologies; sufficient financial and human resources in
accordance with Strategy on Integrated Border Management, that still
has to be adopted; effective implementation of training programs and
anti-corruption measures.
-
Improvement
of inter-agency cooperation (including information exchange of
Border Service with law-enforcement agencies); international
cooperation, including implementation of working arrangements with
FRONTEX.
The following improvements should be noted concerning effective
border surveillance:
-
The
acts of Cabinet of Ministers of Ukraine “On approving the Rules of
visa processing for admission to Ukraine and transit through its
territory” (01.06.2011 р., № 567), “On amending the Rules of
visa processing for admission to Ukraine and transit through its
territory and claiming invalidity of the act of Cabinet of Ministers
of Ukraine from October, 8, 1997 № 1125” (26.12.2011 р., №
1340) were developed by the Ministry for Foreign Affairs in the
framework of four-level control system on admission and lodgment of
foreigners and stateless people in Ukraine;
-
State
Border Service in cooperation with State Custom service set up
virtual analytical centre that produces common analytical reports
which create the ground for additional measures on minimizing
threats on the borders;
-
In
the framework of Euro 2012 championship a new model of border
crossing/admission was built that substantially lessened the formal
criteria to be fulfilled and envisages a series of technological
innovations. Special Euro passage-ways were created in airports and
terrestrial crossing points, electronic cards system was
established; preliminary check-in of the passengers was set up in
the airports of Ukraine and Poland; as well as aboard and ladder
control, common control at the four Polish crossing points, tickets
issuance at the start and final points of route for direct trains
(for instance trains from Kyiv and Kharkov to Moscow). 162 more
passport control points were added in the airports (“Boryspil” –
62, “Zhulyany” – 20, “Lviv” – 24, “Donetsk” - 42)
were introduced.
The infrastructure objects were developing thanks to active partaking
of State Border Guard Service in various international technical
assistance programs and also through redirecting budgetary funds to
the more professional technical equipments of borders on the eve of
EURO 2012:
-
Four
international technical assistance projects were implemented in the
sphere of counteraction to illicit border trafficking of nuclear and
radioactive materials within the framework of “Counteraction to
Dissemination of Weapons of Mass Destruction”, “Second Line of
Defense”, “Export Control and Border Security” programs;
-
“Eastern
Partnership - Key Initiative of Training Project on Comprehensive
Border Management” – a project of European Commission for border
and custom agencies of 6 member-states of Eastern Partnership was
launched;
-
Other
international technical assistance
projects are continuously implemented: on implementing Agreements on
Readmission, on establishing agencies for detention and temporary
arrest of illegal migrants in Ukraine, on improvement of State
Border Guard Service departments management;
-
The
process of launching large infrastructure projects on trans-border
cooperation such as “Ukraine – Poland - Belorussia”, “Ukraine
– Slovakia – Hungary - Romania”. “Ukraine – Romania -
Moldova” is still going on, (the
start of the practical stage is planned for second half of 2012);
-
11
“Inspector” working areas with the functions of biometrical
control were set up (air - 3, terrestrial – 7, ferry - 1). Special
electronic cards were introduced in order to speed up the border
crossing;
-
“Krakivets”,
“Yahodyn”, “Chop (Tysa)”, “Novi Yarylovychi”,
“Vystupovychi”, “Potrubne”, “Shehyni” crossing points
were reequipped in the framework of State Target Program on
Preparation and Conduct in Ukraine of EURO 2012 Championship Final
Part implementation.
There
has been quite active international cooperation on the following
issues:
-
A
series of important agreements with the Ministry of Civic Security
of People’s Republic of China (On
cooperation on border issues),
with the Government of Republic of Moldova (On
common patrolling of Ukrainian – Moldovan state border),
with the Border Agency of Great Britain (Declaration on Cooperation
in the sphere of integrated border and migration management), with
the Government of Russian Federation on the procedure of crossing
Ukrainian – Russian state border by near-border residents and on
cooperation during common control of persons, vehicles and goods at
the Ukrainian- Russian state border were signed, as well as Protocol
on Conduct of experiment on common control at “Rososhany -
Brychen” crossing point (partaking parts: border and custom
services of Ukraine and Republic of Moldova),
-
Contact
points on the border with Poland, Romania and Russia were set up for
24h data exchange;
certain arrangements for setting up such points on the border with
Moldova and Hungary.
-
Active
cooperation with FRONTEX, EUBAM:
-
Participation
in FRONTEX “Jove – 2011”, “Focal points”, “Minerva”
international operations and personnel trainings programs
“Identifying stolen cars”, “Identifying fake passports”,
“Dog handlers training”;
-
Data
exchange in the sphere of risks analysis was introduced in
accordance with “Data Exchange Mechanism”, signed between
Authority of State Border Guard Service of Ukraine and FRONTEX;
-
First
outside the EU “Coordination points” project was launched on
Ukrainian-Moldovan border;
-
Cooperation
of experts and analysts of Border Services of Ukraine and Poland was
launched. In December, 2011, a common report on threats analysis on
Ukrainian-Polish border was presented;
-
The
agreements on establishment of common groups on risks analysis,
elaboration of proposals concerning border security were reached
with border agencies of Russian Federation, Germany, Republic of
Moldova and Republic of Belorussia;
-
It
was agreed to exchange data on identified fake documents for state
border crossing, on risks profiles on illegal activities on the
state border with the border agencies of Republic of Moldova,
Republic of Belorussia, Republic of Poland, Germany and Slovakia;
-
Processing
of common report on threats analysis on Ukrainian-Polish border
within the framework of preparation
and conduct in Ukraine of EURO 2012 championship final part was
finalized together with the experts of Border Service of Poland for
the implementation of Point 8 of Cooperation Development Plan
between State Border Guard Service of Ukraine and Border Service of
Poland for 2011 and within the framework of “ARKA - 2”
international technical assistance program.
Recommendations
concerning further developments of border management in Ukraine
Further
reforms of border management system in Ukraine should be implemented
counting on the following recommendations:
-
Some
scenarios of further administrative reforms in Ukraine envisage the
unification of State Border Guard Service with the Ministry of
Internal Affairs. In our opinion, such unification should happen
only after reforms of Ministry of Internal Affairs (it should be
transformed from purely law-enforcement agency to a political
agency). Mechanical unification of these two agencies will put back
the reforms of the State Border Guard Service and implementation of
integrated border management;
-
Some
complications of EU-Ukraine relations should not affect the amount
and quality of international technical assistance which Ukraine is
provided with on border management from the EU and USA, as far as
this assistance is an important milestone in the creation of modern
infrastructure on the Ukrainian border;
-
Fighting
corruption should be one of the priorities in border management; the
importance of this priority in the activities of State Border Guard
Service should be increased.
Viktor
CHUMAK, Ukrainian Institute of Public Policy
