Development Plan of the Ministry of Justice until 2012

The Development Plan of the Ministry of Justice reflects the development of the Ministry of Justice until 2012. The Ministry proceeds from the goal of actively participating in the work of the European Union and international organisations to ensure that <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Estonia's interests are protected and taken into account in drafting the legislation of the EU.

The Development Plan is divided into four fields of activity:

• legal policy;
• administration of justice;
• law enforcement;
• criminal policy.

An action plan (work schedule) is made annually for the purpose of implementing the Development Plan, setting out specific duties aimed at attainment of the goals established in the Development Plan, along with the exact deadlines, persons in charge and financial resources allocated for that purpose. The Development Plan is accompanied by a financial plan, which sets out the volume of the expenditure required for attainment of the objectives according to the possibilities of the state budget.

Legal policy

Legal policy comprises the planning and implementation of the state’s legal policy, coordination of legislative drafting, and compilation of consolidated texts of legislation.

Legal policy means the conscious and purposeful shaping of social and political life through adopted legislation. Thus, law is a specific instrument for implementation of political decisions and each provision of law is a means of implementation of the policy of a certain area.

The goal of management of the legal policy is to give the political decision-makers an overview of what the possible options are in shaping the legal environment, what solutions can be considered legally advisable and to create the opportunities for consistent periodic evaluation of the functionality of legislation.

The rule of law is not only a political, but a cultural notion. A legal system can be effective only if the opportunities that it offers are known and used. Thus, one of the goals of the legal policy area is the sufficient legal awareness of the population. An important part of a functioning legal system, especially in a small state like Estonia, is an adequate set of native definitions. Therefore, the Ministry of Justice, unlike similar institutions in many other countries, also attends to the issues of legal language.

Analysis of the situation in the area

The Legal Policy Department of the Ministry of Justice and the structural units, which performed the functions of the department in the past (Public Law Department, Private Law Department, Legislative Drafting Methodology Department, Economic Law Department, etc.) have so far focused primarily on drafting the legislation that the Ministry of Justice itself is in charge of. As of the beginning of the 1990s the Ministry’s legislative drafting units have attended primarily to reforming the general part of the legal system, to ensure constitutional regulation.

The quality of the legislative drafting activities of the Ministry may be considered relatively good, especially in comparison with other ministries. The quality has been ensured notably by relying on research and comparative surveys.

A European private law system has been created in Estonia – the general part of the civil code, law of obligations, property law, company law, and civil procedure, enforcement procedure and bankruptcy law have been covered with modern acts.

Most of the area of public law has been covered with regulation of a considerable level: the Administrative Procedure Act, the Substitutive Enforcement and Penalty Payment Act, the State Liability Act, the Courts Act, the National Audit Office Act, the Chancellor of Justice Act, the Code of Administrative Procedure, the Constitutional Review Court Procedure Act, the Administrative Cooperation Act, the State Legal Aid Act.

In the legislative drafting of the areas of private and public law the methodologies and goals have been slightly different. In private law it has been focused directly on development of the regulation in the areas that the Ministry of Justice is responsible for. The Public Law Division has, in recent years, defined its role as being to examine in the course of approval the draft acts prepared mainly in other ministries. Thereby some of the areas that the Ministry of Justice itself is responsible for (e.g. public service law, administrative organisation law, etc.) have been neglected.

Main problems

The family and succession law reform has not been completed yet and it is necessary to establish regulation for rehabilitation of companies which have run into solvency problems. Labour law must definitely be reformed as well, but this is mostly the job of the Ministry of Social Affairs.

As for the area of public law, the law enforcement law as well as public service, economic administrative law and legal organisation of public plans needs a reform of principle. Many legal instruments regulating the competence of state authorities need modernisation as well. In principle, the administrative organisation law reform, which had been planned earlier, but not realised, should be carried out. Furthermore, the legislative drafting process in the EU institutions should certainly be analysed in terms of constitutional law. Development has been impeded by the division of the area between various institutions and the absence of a leading institution. Such a situation is hampering Estonia’s effective participation in the EU’s decision-making process.

In the area of general management of the legal policy, legislative drafting methodology, analysis of the impact of legislation, and ensuring the legislative drafting and linguistic quality the Ministry of Justice has so far performed relatively poorly. Upon evaluation and guidance of the legal policy decisions of other ministries the focus has been on the rules of legislative drafting and legal language. This area must be strengthened in the coming years – the Ministry of Justice must direct and guide legal policy decisions much more diversely.

The Constitution is the underlying document of the concept and legal thought of the legal policy of the Republic of Estonia. It establishes the political characteristics and goals of the state. It is indispensable to evaluate in the case of any and all draft acts whether the goal of the draft act is constitutional, i.e. legitimate, and whether the goal can be attained using the legal means chosen in the most effective manner, which restricts the fundamental rights the least. The goals of legal policy decisions are based directly on the will and goals relating to the general policy, but in the matter of the adequacy of the legal means chosen for implementing them the Ministry of Justice should be able to have a greater saying. It would be wise to evaluate whether the planned regulation is appropriate before commencing formulation of the provisions. On the basis thereof the procedure for submission of draft acts to the Government of the Republic should be clarified.

Legal doctrine should serve as the basis for the legal policy. First and foremost, this means development and systematisation of law through administration of justice and legal research as well as overcoming or mending controversies and errors in values. Due to being busy carrying out urgent reforms the Ministry has not had enough time to attend to legal doctrine surveys. Research institutions have not proven to be equal partners to the Ministry either. It is wise to develop systematic and consistent cooperation with research institutions so that the results of respectable legal writings reach the legal policy-makers. Therefore it is necessary to consider development of a specific form of cooperation between research institutions and the Ministry. Longer-term planning of legal policy activities, which is at least partially based on independent scientific analysis, suggestion of alternatives, and extensive involvement of the public should be cultivated.

The prerequisite for the successful implementation of any policy is that the attainment of the established goals can be verified and that it is really done. This means looking for answers to questions such as whether the goals of the legislation can be attained at all, is the chosen legal path the most appropriate for that purpose and if the desired goal has been attained in reality (i.e. follow-up evaluation)? Unfortunately it has to be admitted that the impact of legislation is virtually not analysed. Upon introduction of the system of impact analysis it would be wise to give the Riigikogu regular feedback about the functionality of the act.

Realisation of law, i.e. the effectiveness of implementation of law is the measure for the legal effectiveness. It is easy to evaluate the effectiveness by listing the acts adopted without paying attention to the effectiveness of their functionality. Legal policy decisions should not be made by officials. Politicians are the only appropriate level of decision-making. Since the present discussion over the key concept of the draft act does not exist before final completion of the draft act, officials tend to make a lot of decisions. The reason often lies in the fact that there is no will to attend to these issues at the political level. However, as long as politicians do not realise their mandate received from the people in this area, the officials cannot be blamed for monopolising legislative drafting and running the state. According to the Constitution, legal policy decisions of a principle must be made by persons who have received a mandate from the people to that end. Officials are the ones who make decisions without sufficient political input, i.e. persons who do not have any authorisation for that purpose.

The knowledge of the addressees of law about their rights is also a prerequisite for realisation of law. To increase legal awareness the access to legal information should be made easier and development of the legal awareness of the population should be attended to consciously. A democratic rule of law presupposes that addressees of law can learn about provisions of law already at the stage of creation of the provisions and be able to have a say about formulating their subject matter. Such a system for involvement of stakeholders is insufficient. Besides, there is no infrastructure to that end either.

Targets

• Legal policy decisions are understood and interrelated in society through reasonable involvement of stakeholders.
• The overall legal awareness has increased. The functionality of legislation is not impended by the lack of awareness of one’s rights or the inability to exercise one’s rights.
• Legislative drafting takes the results of research into account.
• The use of research papers has been specified in the framework of the system of assessment of the impact of draft acts.

Measure 1.   Establishment of the system of evaluation of the impact of adoption of draft legislation

Activities

1. Establishment of a system for evaluation of the subject matter of the intentions of drafting acts.
2. Establishment of reasonable forms of cooperation with research institutions.
3. Development of the system for analysing the subject matter of the impact of legislation and the implementation practice.
4. Conducting an impact analysis in the areas that the Ministry of Justice is responsible for.
5. Development of the concept of evaluation of the impact of legislation.
6. Establishment of a system for involving stakeholders.
7. Determination of the areas of development of the state's legal policy.

Direct results

1. Before drafting legislation it is possible to evaluate the legitimacy of the goal of the legislation and the appropriateness of the means chosen (2009).
2. The impact of legislation and the implementation practice is evaluated regularly (2009).
3. A certain impact analysis (rehabilitation procedure, public service, conciliation procedure) (2008).
4. The Government of the Republic has approved the concept of evaluation of the impact of legislation (2008).
5. Legal policy decisions are understood and interrelated in society through reasonable involvement of stakeholders (2009).
6. The functionality of legislation is not impended by the lack of awareness of one’s rights or the inability to exercise one’s rights (2009).
7. The areas of development of the state’s legal policy taken before the Parliament (the Riigikogu) by the Minister of Justice have been approved and reports are submitted to the Riigikogu regularly (2008).

Measure 2.   Increasing legal awareness

Activities

1. Creation of a universal integral legal information system by merging the electronic State Gazette (E-Riigi Teataja), databases of court judgments, information about the proceedings of the Riigikogu and translations of legislation.
2. Development of an action plan for increasing legal awareness.

Direct results

1. The integrated legal information system functions and it is easy to identify the law in force and the implementation practice thereof (2009).
2. Legal information is easily available (2010).
3. The legal awareness of the population is attended to purposefully (2009).

Measure 3.   Harmonisation of the use of the language in draft acts and organisation of high-quality legal translation

Activities

1. Researching and recording legal terminology and updating the database of legal terminology.
2. Development and dissemination of legal terminology.
3. Organisation of translation of the historic judgments of the European Court of Justice.
4. Translation of Estonian acts into English and international agreements into Estonian on the basis of a translation plan.

Direct results

1. Clearly, accurately and understandably formulated provisions of law (2008).
2. The language of legislation and their translations is clear and understandable to the addressee of the provision of law and the use of terminology is consistent (2008).
3. The historic judgments of the European Court of Justice, which were to be translated, have been translated and made available (2008).
4. The plan for translation of Estonian acts into English and international agreements into Estonian has been fulfilled annually.

Measure 4.   Evaluation of all provisions of legislation against the background of fundamental rights

Activities

1. Before development of any legal instrument a detailed analysis of violations of the fundamental rights relating to the instrument is carried out and submitted to the Ministry of Justice.
2. Draft legislation whose goal and means are not in accordance with the Constitution shall not be put before the Government of the Republic.
3. Formulation of the position of the Minister of Justice regarding legislation drafted in other ministries on the basis of an overview of the intentions of the authors of these pieces of legislation.
4. Development of the EU decision-making process to ensure examination of the fundamental rights and compliance thereof with the general legal policy goals.
5. Transferring the competence of representing the state in the European Court of Justice and in the Court of First Instance to the Ministry of Justice.

Direct results

1. Issues pertaining to fundamental rights have been thoroughly analysed in the case of draft acts submitted to the Riigikogu by the Government of the Republic (2009).
2. The Minister of Justice has a position on and has given substantive instructions for drafting legislation that fits in the legal order (2008).
3. The practice whereby the authors of legislation submit to the Ministry of Justice substantive drafting plans which give a detailed overview of the planned legislation has been introduced and in the framework thereof issues of violation of the fundamental rights are thoroughly analysed (2009).
4. The regulation of the EU’s decision-making process has been established and the state’s positions in the EU’s decision-making process are based on the goals that serve as the basis for the state’s legal policy (2009).
5. The positions represented in proceedings in the European Court of Justice and the Court of First Instance are based on the general areas of development of the state’s legal policy (2009).

STRATEGIC GOAL

2. Effective public administration

Target

• Public administration has been regulated so that public functions can be performed as effectively as possible (effective and non-bureaucratic public administration).

Measure.   Development of public administration regulation

Activities

1. Modernisation of the Administrative Procedure Act with the aim of ensuring as effective and non-bureaucratic public administration as possible.
2. Revision of the special administrative procedures established in special acts against the background of the general principles of the Administrative Procedure Act.
3. Preparation of the draft Public Service Act and adoption thereof in the Riigikogu.
4. Harmonisation of administrative organisation acts with the Administrative Procedure Act.
5. Adoption of the Law Enforcement Act Application Act in the Riigikogu.
6. Reduction of the number of sanctions imposed for misdemeanours and enlargement of alternative administrative measures.
7. Modernisation of provisions regulating the state authorities’ competence to act (Government of the Republic Act, etc.).

Direct results

1. The administrative procedure is effective, non-bureaucratic and understandable to the citizen (2010).
2. The public administration regulation contained in special acts is in mutual harmony and in harmony with the general public administration regulation (2011).
3. The organisation of public administration ensures motivation of officials, sufficient supply of officials and movement between the private and public sectors (2009).
4. The division and organisation of work in state and local bodies is effective (2009).
5. The Law Enforcement Act and the Law Enforcement Application Act have been drafted (2008).
6. The sanctions for misdemeanours have been revised and their number has been taken to a reasonable level (2008).
7. An analysis of whether there is a state authority in charge of each and every function of the state (there are no disputes over competence or duplicated activities) (2008) has been carried out, the draft Government of the Republic Act has been approved by the Government (2009). In the case of each and every state function there is a state authority in charge of the function, there are no ongoing disputes over competence or any duplicated activities (2009).

STRATEGIC GOAL

3. Constitutional law based on the Constitution

Targets

• The state organisation law is constitutional and effective.
• There are no ongoing competence disputes or duplication of functions between branches of power and constitutional institutions.
• The provisions regulating the exercise of power are of high quality.

Measure.   Modernisation of constitutional law

Activities

1. Adjustment of provisions regulating elections of democratic representative bodies.
2. Ensuring the constitutionality of the national organisation of the EU’s decision-making process.
3. A thorough analysis of the effective organisation of constitutional institutions and development of amendments, where necessary.

Direct results

1. A thoroughgoing comparative analysis of election acts has been completed (2009).
2. An analysis of the national organisation of the EU’s decision-making process has been completed (2007).
3. The regulation on the national organisation of the EU’s decision-making process has been modernised (2008).
4. A comparative analysis of the law regulating the activities of constitutional institutions has been completed (2009).
5. An analysis of the constitutionality of the constitutional review procedure has been completed (2009).

STRATEGIC GOAL

4. Fundamental rights protected by laws

Target

• A system which ensures full and complete protection of any and all fundamental rights has been established by laws.

Measure.   Ensuring the fundamental rights associated with information

Activities

1. Analysing the legal basis for the freedom of the press.
2. Analysing the right to information.
3. Drawing up a development plan of the right to information.
4. Drafting amendments to the personal data protection law.

Direct results

1. The analysis of the protection of the fundamental rights associated with the media has been completed (2009).
2. The analysis of the right to information has been completed (2008).
3. The development plan of the right to information has been drawn up (2008).
4. The personal data protection law has been modernised (2009).

STRATEGIC GOAL

Targets

• The economic administrative law regulation is as scarce as possible, follows the constitutional goals and does not impede business unfoundedly.
• Commercial law ensures an environment of legal certainty so that economic operators can operate effectively.

Measure.  Development of economic law

Activities

1. A thorough analysis of the area of economic administrative law and approval of draft acts in the Riigikogu, modernisation of the entire economic administrative law (activity licenses, permits, etc.).
2. Development of a package of amendments to the regulation of areas of activity, which are subject to special requirements.
3. An analysis of the forms of activity of SMEs and possible simplification of these forms.
4. Making the regulation of merger, division and transformation of companies more effective.
5. Making the procedure for making management decisions of companies simpler, allowing for distant management.
6. Preparation of a portal for business operators.
7. Making the commercial register information more easily available.

Direct results

1. Draft acts submitted to the Government of the Republic (2009).
2. The draft acts for amendment of the regulation of the areas of activity, which are subject to special requirements, have been approved (2009).
3. The forms of activity of business operators are adequate.
4. Merger, division and transformation of companies is as simple and non-bureaucratic as possible, ensuring protection of the interests of creditors (2009).
5. Management decisions of companies can be made via electronic means of communication without the directing bodies having to meet physically (2009).
6. Preparations for launching a portal for business operators in 2009 have been made.

STRATEGIC GOAL

6. Functioning private law ensures people’s constitutional rights, notably their private autonomy

Target

• The functionality of the legislation adopted in the course of the private law reforms has been ensured.

Measure.   Development of civil law

Activities

1. Adoption of the Succession Act in the Riigikogu.
2. Adoption of the Family Law Act in the Riigikogu.
3. Carrying out the labour law reform, integrating the employment contract in the overall system of private law contracts.
4. Modernisation of the intellectual property law.
5. Continuous analysis of the implementation practice of the Law of Obligations Act, the General Part of the Civil Code Act, the Law of Property Act, the Commercial Code and other acts of the general part of private law.
6. Organisation of the regulation of judicial restraints of disposition and notations concerning prohibitions.
7. Organisation of the regulation of apartment associations.
8. Organisation of the regulation of non-profit associations and foundations.
9. An analysis of the legal relationships which have emerged following the ownership reform.
10. A more detailed analysis of the narrower areas relating to private law (which, for instance, provide for the obligation to enter into a contract).
11. Development of the national regulation of international judicial cooperation.
12. A more detailed analysis of the provisions relating to representing the state and local authorities.
13. Active participation in codifying the common contract law of the European Union and CFR work groups (Common Frame of Reference – development of common underlying principles of contract law in the EU).
14. Holding a discussion of substance at the European level, incl. organisation of conferences to that end.

Direct results

1. The legal regulation of succession is humane and more logical (2008).
2. The legal environment associated with the family corresponds to the present understanding, taking the modern requirements and dynamics (martial property law, maintenance law) into account and the interests of children and wards are protected better (the right of curatorship, the right of guardianship) (2008).
3. The employment contract regulation has become simpler and the employment contract is subject to the general principles of the Law of Obligations Act, being a type of contract under the law of obligations (2008).
4. The intellectual property regulation has become clearer (2009).
5. The Law of Obligations Act, the General Part of the Civil Code Act and the Law of Property Act are in compliance with the development of the legal thought (2008).
6. The regulation of restraints on disposition functions without controversies (2008).
7. Apartment associations act in accordance with a legally certain regulation (2009).
8. The Non-profit Associations Act and the Foundations Act have been updated (2008).
9. The analysis of legal relationships which have emerged following the ownership reform has been completed (2009).
10. The analysis of areas overlapping private law has been completed (2010).
11. The draft International Judicial Cooperation Act has been prepared (2009).
12. A detailed analysis of the regulation of private law relationships between the state and local authorities has been completed (2009).
13. Estonia’s positions are represented in the work groups of the CFR (2008).
14. The discussion on codifying the contract law of the EU is substantive (2008) and the positions of the Member States have become closer (2009).

Administration of justice

The area includes ensuring smooth administration of justice and ensuring swift and efficient proceedings.

Analysis of the situation in the area

Following the merger of the territorial jurisdictions of courts on 1 January 2006 there are four regional county courts in Estonia instead of the former sixteen and two regional administrative courts instead of the former four. The goal of the change was to balance the workload, cut time-limits of proceedings, increase flexibility and allow for specialisation. In 2006 and 2007 the workplaces of judges and cases between courthouses have been re-divided for the purpose of levelling the workloads and reducing residues.

Furthermore, the new Code of Civil Procedure entered into force, bringing about new simplified proceedings in the case of minor cases and cases where there is no dispute. These developments should make judicial proceedings faster.

In 2008 the excessive workload should be alleviated by the introduction of electronic payment order proceedings and the launch of the payment order centre.

Main problems

It is important to support the territorial jurisdictions reform and implementation of the Code of Civil Procedure so that reforms really make the proceedings faster and resolve problems relating to workload and quality of judgments. The merger of the Viru Circuit Court and Tartu Circuit Court should be supported.

In cooperation with courts it is necessary to analyse different practice of courts in implementation of acts and to create the conditions for reasonable harmonisation thereof. To that end the specialisation of judges in larger courthouses should be encouraged, the possibilities of using ICT tools should be expanded (incl. to establish conditions for administration of justice using a video conference system and recording court sessions) and to realise the developments of the e-file and the courts’ information system.

The full potential of simplified proceedings and payment order proceedings has not yet been exhausted in civil proceedings. Difficulties associated with delivering procedural documents pose a serious problem. To alleviate the problem the population register must be improved and alternatives for the activities of Eesti Post have to be found.

In criminal proceedings we have to focus on creating opportunities for conducting general proceedings more effectively (incl. implementation of uninterrupted general proceedings) and to guide judges to specialise in general proceedings.

In the case of all types of proceedings the judges must be released of the functions that do not constitute administration of justice in the substantive sense. To that end the assistant judge institution must be developed qualitatively as well as quantitatively. Due to a high workload judges use court advisors in administration of justice (incl. in preparing and reasoning court judgments) whose status is unregulated and with regard to whose education there are no requirements whatsoever – this reduces the credibility of administration of justice and is not in line with the constitution. Delegating resolution of simpler cases to assistant judges as court officials having a status and complying with the education requirements regulated by law should reduce the workload of judges and increase the reliability of the court system.

There is no reasonable career model of the profession of a judge, which would run through the different instances of the judiciary. Given that the profession of a judge is for life, a career model is needed in the interests of motivating judges and making certain that they are goal-oriented. To ensure that judges are goal-oriented a universal judge career model covering the first and second instances should be formed and the Supreme Court should have the key role in it. In developing the career model for judges the issue of replacing those judges who are off from administration of judges must be resolved, i.e. the creation of the auxiliary judge institute should be considered.

In administration of justice on the whole it is necessary to revise the system of remuneration of the staff (incl. judges). The salary of court officials falls way short of the median of the pay market, which causes great staff turnover, increases incompetence and has an adverse effect on the quality and effectiveness of administration of justice.

The problem lies in the working conditions of court officials, especially in Jõgeva, Rapla, Pärnu, Rakvere, Jõhvi and Tallinn (Liivalaia tänav) courthouses. In many courthouses the use of space is inefficient and unsuitable for the work of the court (insecure).

Targets for 2012

• The goals of averge time-limits of criminal proceedings in the court of the first instance:
  • general proceedings – 100 days;
  • general proceedings involving multiple accused persons – 150 days;
  • general proceedings where the accused is in custody or a minor – the court hearing starts within 6 weeks as of filing the matter with the court;
  • simplified proceedings – 30 days.

• The goals of average time-limits of civil proceedings in the court of the first instance:
  • general proceedings, incl. proceedings on petition – 150 days;
  • simplified proceedings – 80 days.

• The goals of average time-limits of administrative proceedings in the court of the first instance:
  • administrative proceedings – 100 days.

Targets for 2009

• The goals of average time-limits of proceedings in the court of the first instance:
  • civil proceedings – 175 days;
  • administrative proceedings – 140 days;
  • Criminal proceedings: simplified proceedings – 40 days; general proceedings – 250 days.

Measure.  Increasing the effectiveness and improving the quality of administration of justice

Activities

1. Development of statistics – regular preparation and publication of statistics of proceedings regarding the length of proceedings by courts, courthouses and judges, the balance of cases and the ratio of annulment of judgments (2008-2012).
2. Development and implementation of a system for calculation of workload points of judges, more accurate evaluation of the workload of judges and supporting the specialisation of judges (2008-2010).
3. The release of judges from functions which do not qualify as administration of justice in the substantive sense – developing the assistant judge institute and increasing the number of assistant judges, enlargement of the competence of assistant judges, decrease of the number and importance of advisors in administration of justice (2009-2012).
4. Development and implementation of the career model of judges running through the first and second instances, incl. creation of reasonable institutional mechanisms for the Supreme Court for shaping the quality of administration of justice; an analysis of the necessity of the system for replacement of judges and the institution of the auxiliary judge (2010-2012).
5. An analysis of the model for remuneration of the staff of administration of justice (2008), considerable increase of the remuneration of court officials (2009-2011).
6. Creation of an integrated solution of the electronic system for payment order proceedings, implementation of the electronic payment order proceedings (2008-2009), establishment of the payment order centre in the Pärnu County Court and gathering payment order proceedings to the payment order centre (2009).
7. An analysis and more effective arrangement of the work and administrative organisation of courts (2009-2012).
8. Better planning of general criminal proceedings for the purpose of prevention of excessive delays and implementation of uninterrupted general criminal proceedings (2008-2009).
9. An analysis of the organisation of delivery of procedural documents and implementation of proposals made for improvement of delivery, incl. to advocates, state and local authorities and other legal persons in public law, establishment of the obligation to submit and accept electronic procedural documents and, where possible, extending this obligation to legal persons in private law (2008-2011).
10. Drafting the new Code of Administrative Procedure, implementation of amendments, harmonisation of the regulations contained in the codes of judicial proceedings and optimisation of proceedings (2008-2011).
11. Creation of the e-file (central database for universal data transmission and recording of procedural documents) (2008-2009).
12. Abolition of duplicated filling-in of several information systems in courts of the first and second instances, incl. termination of insertion of data in two different registers associated with registration of correspondence pertaining to judicial proceedings (2008-2009).
13. Creation of a user-friendly, fully functional and routing automated integrated solution (incl. the Supreme Court interface) of the courts' information system (the e-file client system for court officials, judges and statistics) for civil, administrative, criminal and misdemeanour proceedings (2009-2012).
14. Creation of the integrated solution of the AET information system (the e-file client system for parties to proceedings and their representatives) (2008-2012).
15. Making the penal register be based on the e-file and improvement of the functions (2008-2010).
16. Provision of courts with equipment for recording sessions (2008) and video conference systems (2010).
17. The reform and more extensive application of extrajudicial proceedings (incl. conciliation proceedings), introduction of arbitration proceedings and promoting the use thereof (2009-2011).
18. Creation of working conditions suitable for administration of justice and compliant with the security requirements by renovation of courthouses (2008-2009).

Direct results

1. Reliable procedural statistics is regularly compiled with regard to courts, courthouses and judges based on the length of time-limits of proceedings, the balance of cases and the ratio of annulment of judgments, and on the basis thereof it is possible to compare the quality and effectiveness of administration of justice by courts, courthouses and judges (2008-2012).
2. The system for calculation of the workload points of judges has been developed and implemented. On the basis of the system the workload of judges is evaluated and compared and specialisation of judges is supported. Courts apply specialisation of judges in their work division plans (2008-2010).
3. Judges have been largely freed of the functions that do not include administration of justice in the substantive sense – the competence of assistance judges has been expanded considerably throughout the types of proceedings and the number of assistant judges has been increased accordingly. The number and proportion of advisors has been reduced considerably and the trustworthiness of administration of justice has increased (2009-2012).
4. The judge career model throughout the first and second instances has been established and implemented and the Supreme Court has been given institutional mechanisms for management of the career model. The proposals for the necessity of the system for replacement of judges and the auxiliary judge institution have been implemented (2010-2012).
5. The proposals of the analysis of the model for remuneration of the staff of administration of justice have been implemented, the remuneration of court officials corresponds to the median level of the overall pay market, the staff turnover of court officials has decreased considerably, and the competence of court officials has increased (2009-2011).
6. The payment order centre has been launched and courts have been released of payment order proceedings. Petitions of payment order proceedings are submitted only electronically (2008-2009).
7. The results of the work and administrative organisation of courts have been applied and the work and administrative organisation of courts has been arranged more effectively (2012).
8. Uninterrupted criminal proceedings have been introduced in general proceedings and the time-limits of general proceedings have been cut considerably (2008-2010).
9. The delivery of procedural documents has been organised more effectively, the forwarding and delivery of procedural documents to advocates, state and local authorities as well as to other legal persons, where possible, takes place mostly electronically (2008-2011).
10. The regulations in the codes of judicial proceedings have been harmonised and the proceedings have been optimised (2008-2011).
11. The e-file and the initial solution of the AET information system have been introduced in criminal and misdemeanour proceedings and procedural documents can be submitted and delivered electronically (2008).
12. The e-file and the initial solution of the AET information system have been introduced in civil and administrative proceedings and procedural documents can be submitted and delivered electronically (2009).
13. A user-friendly, fully functional and routine automated integrated solution of the courts’ information system has been created for civil, administrative, criminal and misdemeanour proceedings (2012).
14. The integrated solution of the AET information system has been applied in all types of proceedings, procedural documents are forwarded and delivered largely electronically pursuant to a mandatory procedure, mostly as meta data (2012).
15. The penal register has been based on the e-file and the functions of the penal register have been improved (2009).
16. General proceedings of all criminal cases are recorded (2009-2010), larger courthouses are equipped with video conference equipment, communication with prisons and foreign countries functions well (2010); with the help of a video conference court sessions can be held in civil and administrative proceedings as well (2012).
17. It is possible to achieve effective legal protection extra-judicially with reasonable costs. The share of arbitration proceedings in economic disputes has increased (2010-2012).
18. The working conditions are modern and secure, and the courthouses have been constructed/renovated:

Legal protection

The area of activity includes ensuring legal certainty, protection of property rights, effectiveness of enforcement and insolvency proceedings, availability of the notary public's service, ensuring the quality of court registers as well as the availability of high-quality legal aid.

Analysis of the situation in the area

The reform of the territorial jurisdictions of the first instance also concerned the registration departments of courts, as a result of which four registration areas were formed. The changes were made on the basis of the same goals: even workload, faster proceedings and flexibility.

The State Legal Aid Act, the Code of Civil Procedure, the Bankruptcy Act and the Code of Enforcement Procedure expanded the competence of assistant judges working in the area of registers: expedited payment order proceedings, calling proceedings, ordering payment of procedure expenses, participation in bankruptcy proceedings and civil enforcement proceedings.

The new electronic land register was introduced in 2006 and after comparison thereof with the data on paper it should achieve a legal status by 2009, i.e. the data indicated on the website reflect the actual situation and one can enter into transactions on the basis of this data.

In the field of the notary public service the issue of long waiting lists has been solved owing to increasing the number of notaries public and information technology developments.

In the area of bailiffs the territorial jurisdictions were merged in the middle of 2005 as a result of which competition increased and provision of the service outside the capital and Harju County improved. Furthermore, the new Code of Enforcement Procedure has been in force since the start of 2006. It should protect the parties' rights better and motivate more effective proceedings owing to new fees.

Main problems

The level of legal education is very different. The level and liability of some legal assistance providers (e.g. law offices, trustees in bankruptcy) has not been regulated by the state. Admission to various legal professions is scattered and the rotation between legal professions is small.

The services of sworn translators (which could reduce the workload of notaries public) are not used as much as they should be. Submission of notices and applications relating to notarised transactions is often impeded by the lack of interest by the authorities.

The poor quality of the information systems of the land register and the enforcement procedure register interferes with their effective use. There is no insolvency proceedings register which would be available to the public and supervisory bodies and show the progress of bankruptcy, abatement and, in the future, rehabilitation proceedings, allow for more effective supervision and cooperation of trustees in cross-border insolvency proceedings. The court information system, court registers and the enforcement procedure register must be more interfaced. The list of trustees in bankruptcy must be developed into a register of insolvency proceedings and this register must be interfaced with the aforementioned registers.

The sale of property in an auction in civil enforcement and bankruptcy proceedings does not often ensure the market price. The cooperation ability of bailiffs and trustees in bankruptcy is weak and it impedes performance of the public functions given to bailiffs and trustees in bankruptcy (development of a universal information system, educating successors).

The actual supervision exercised by courts over bankruptcy proceedings and trustees in bankruptcy is weak. Specialisation within the court and the financial evaluation to be made in the proceedings is insufficient. In the case of insolvency the regulation is aimed at liquidating the company, not rehabilitating it.

The launch of the state legal aid system has been slower than intended. Those in need often do not seize the opportunity, because they know little of the system of state legal aid. The system of appointment of defence counsels in criminal cases by way of state legal aid is not transparent and favours individual lawyers.

Targets for 2012

• Bankruptcy and enforcement proceedings are efficient and correct, the professions of the trustee in bankruptcy and bailiff is organised and developed by the same professional association.
• The availability of notaries public – the deadline for notations concerning certification is 1 day and the deadline for transactions is 5 days.
• The land register is fully electronic (all register parts are digitally valid).

Targets for 2009

• The availability of notary public services – the deadline for notations concerning certification is 2 days and the deadline for transactions is 10 days.
• The number of notaries public is 100.
• Improvement of the enforcement procedure and increasing correctness with the help of effective supervisory procedures.
• 65% of the register parts of the e-land register is digital.
• A company can be founded in two hours in the expedited and fully digital procedure of the commercial register.
• 10% of annual reports are submitted digitally.
• Annual reports are examined within five months.
• The profession of bailiffs and trustees in bankruptcy is self-organised and self-developed.

Measure 1.   Improvement of the availability of notary public services and court registers

Activities

1. Introduction of a fully digital e-land register.
2. Revision of the staff of land register and registration departments according to the workload.
3. Increasing the body of free online data queries.
4. Expansion of communication with citizens using a digital signature.
5. Development of the notaries’ public information system and interfacing e-notaries public with registers.
6. Development of the business portal, opening a bank account through the portal (2008).
7. Establishment of a company as a business entity through a notary public or the business portal (introduction of the principle of a single office: the operations required for establishment of a company can be made in one place: either in a notary public’s office or in the portal).
8. Establishment of e-reporting (2008-2010).
9. Directing the reports of non-profit organisations to the register (2008-2010).
10. Registration of all sole proprietors in the commercial register (2008-2010).
11. Imposing on the Chamber of Notaries the obligation to organise authentication of the documents of the justice sector by an apostil and giving notaries public the competence to authenticate documents by an apostil (2008-2009).
12. Cross-border recognition of digital signatures.

Direct results

1. The register parts have been fully digitalised (2009).
2. More registry solutions over a shorter period and more balanced workload (maximum difference 20%).
3. Court registers are partially freely available (amendment of Regulation No. 8 of the Minister of Justice of 22 January 2001 “Data Processing Centre of Land Register”) (2008-2009).
4. Digital notarial acts and transmission of data to registers (2008).
5. The notary public’s deadline for registration notations is 2 days and for transactions 2 weeks.
6. Upon establishment of a company the notary public performs acts with the central register of securities and at least ten other acts prescribed by law (2009).
7. Annual reports are submitted to the register only electronically (2010).
8. The key data of annual reports is submitted to the register in the form of meta data (2010).
9. Non-profit organisations submit annual reports only to the register (2010).
10. All registered sole proprietors have been registered in the commercial register (2010).
11. Authentication of the documents of the justice sector by an apostil is organised by the Chamber of Notaries and respective documents are authenticated by an apostil by notaries public (2009).
12. Estonia has developed a solution for cross-border recognition of digital signatures and applies it with an increasing number of the Member States (2008-2012).

Measure 2.  Preparations for faster and high-quality enforcement and insolvency proceedings

Activities

1. Establishment of a joint professional association for bailiffs and trustees in bankruptcy (2008-2009).
2. Development of an Internet-based auction environment (2009), brining auctions pertaining to enforcement and bankruptcy proceedings to an Internet environment (making public auctions more transparent and effective) (2009-2010).
3. Establishment of the obligation and principles of division of bankruptcy proceedings and fulfilment of the state’s requirements to the professional association of bailiffs and trustees in bankruptcy (2008-2009).
4. Development of the information system of bailiffs and trustees in bankruptcy based on the e-file, development of the insolvency register (2009-2010).
5. Effective state supervision over the activities of bailiffs and trustees in bankruptcy (2008-2009).
6. Creation of rehabilitation proceedings preventing bankruptcy, drafting and adopting the Rehabilitation Act (2008).

Direct results

1. A professional association has been created for bailiffs and trustees in bankruptcy (2008).
2. The professional association of bailiffs and trustees in bankruptcy has, in cooperation with the ministry, developed an environment of Internet auctions (2009), all the enforcement and bankruptcy proceedings have been transferred to the Internet environment (2010).
3. Bankruptcy proceedings and the state’s enforcement claims are divided on the basis of reasonable principles (2010).
4. The professional association of bailiffs and trustees in bankruptcy has, in cooperation with the ministry, developed the information system of bailiffs and trustees in bankruptcy and the insolvency register based on the e-file; the insolvency register is managed by the professional association (2011).
5. The supervisory officials who have specialised in exercising supervision exercise extensive special supervision (2008-2009).
6. The insolvency procedure is effective and transparent.

STRATEGIC GOAL

2. High-quality and available legal aid

Targets for 2012

• State legal aid is of reasonable quality and reasonably available. The Bar Association is fully liable for and organises state legal aid.
• The legal knowledge of persons applying for a regulated legal profession is evaluated in a universal lawyer’s examination.

Measure.   Reform of the state legal aid system and introduction of a universal lawyer’s examination

Activities

1. Amendment of the principles of organisation of state legal aid: amendment of the State Legal Aid Act, the Bar Association Act, codes of procedure and implementing acts (2008-2009).
2. Transfer of the organisation of the state legal aid fully to the Bar Association (2009-2010).
3. Establishment of reasonable mechanisms for the purpose of verifying the quality of the state legal aid as well as the reasonableness of the size of the state legal aid fees (2009).
4. Establishment of effective supervisory mechanisms by the Ministry of Justice over the Bar Association as regards the organisation and quality of state legal aid and the use of funds allocated for provision of state legal aid (2009).
5. Establishment of a universal lawyer’s examination with regard to regulated legal professions (2009-2010).

Direct results

1. The principles of organisation of state legal aid have been changed, state legal aid is organised and ensured in full by the Bar Association (2009-2010).
2. The fees paid by state legal aid and the principles of remuneration are established by the Bar Association within the limits of the approved budget, ensuring state legal aid throughout the budgetary year (2009-2010).
3. The size of the budgetary funds allocated for organisation and provision of state legal aid is proportionate to the size of the budgetary funds of the public prosecution (2009-2010).
4. The legal knowledge of the persons entering regulated legal professions are verified in a universal lawyer’s examination (2011).

Criminal policy

The area of activity covers the work of prisons, the Prosecutor's Office and probation supervision; the legal policy on penal law and proceedings and the legal policy of the European Union and international organisations in the area; crime prevention and organisation of penal and crime statistics. The strategic basis of the area of activity comprises the Guidelines for Development of Criminal Policy until 2010, the anti-corruption strategy Honest State, the Development Plan for Reduction of Juvenile Delinquency 2007-2009, and the Development Plan for Combating Trafficking in Persons 2006-2009.

Analysis of the situation in the area

Priorities of the fight against crime

In 2005 the Minister of Justice and the Minister of the Interior agreed on the priorities in the fight against crime: the fight against crimes committed by and against minors, especially crimes of violence and sexual crimes against minor victims, and the fight against organised crime. Establishment of such common priorities allows for better planning of the resources and ensuring better coordination of work between bodies pursuing proceedings. In a meeting held in Laitse on 18 July 2007 the Ministers confirmed the priorities and representatives of the two ministries, the police and the Prosecutor’s Office gave an overview of fulfilment of the Laulasmaa priorities.

Strategies

In 2006 the Government approved the Action Plan for Reduction of Juvenile Delinquency and the Development Plan for Combating Trafficking in Persons. There are specialised prosecutors in all prosecutors’ offices who specifically attend to criminal proceedings relating to organised crime. There is regular exchange of information between the Ministers and heads of bodies pursuing the proceedings.

Research and analyses

The Guidelines for Development of Criminal Policy emphasise the need to rely on scientific research when developing the criminal policy (sections 8, 9, 23). In the interests thereof the Ministry of Justice has created a special series of criminal policy research and actively involved researchers in shaping the criminal policy. Six publications of the criminal policy series have been published by the end of 2007: the survey of crime victims, the corruption survey of 2004, the survey of socio-economic and demographic factors influencing crime, the yearbook of crime statistics of 2006, the survey of deviant behaviour of minors, a corruption survey of 2006. The surveys have been used for development of the Action Plan for Reduction of Juvenile Delinquency, the Corruption Strategy, etc. Since 2006 the Ministry has organised a competition of student papers on criminology and penal law, which aims at involving research and development institutions in shaping the criminal policy, to promote research and development in criminology and penal law, to promote cooperation between research institutions and practitioners, and to reward talented students. In 2007 the size of the award fund is 40,000 Estonian kroons.

Statistics

As of 2006 weekly, quarterly and annual overviews are published on the Ministry's website. At the beginning of 2007 an overview crimes in Estonia was drawn up and published for the first time. Overviews of the workload and proceedings (speed, frequency, etc.) of the Prosecutor’s Office are made periodically.

Electronic procedure information system

The development of the e-file, which should allow for bringing all operations of criminal proceedings throughout the chain of proceedings (investigative body, prosecutor’s office, court, probation supervision, prison) together into one register and provide an operative overview of the situation of crime and workload of the bodies conducting proceedings, has been launched. In 2007 confirmation of criminal procedure acts for the e-file was completed and the initial task of the e-file and statistics was specified.

Electronic supervision

Since the number of prisoners per capital has been very high in Estonia, the legal order of electronic surveillance was created in 2006 and the procedure for being released on parole was changed.

As of 26 October 2007 132 persons were subject to electronic supervision. For 37 of them electronic supervision has ended and 3 persons have been sent back to prison due to violation of the rules of supervision.

The number of persons released on parole has doubled in 2007 in comparison with previous years. The total number of the prisoners and persons in custody has decreased by 900 in comparison with the situation at the start of the year.

Main changes in legislative drafting

In 2007 the regulation of confiscation was updated in the Penal Code, expanding the possibilities of confiscating proceeds deriving from organised crime. In 2007 the chapters on criminal official misconduct, economic criminal offences, tax offences and intellectual property offences were organised and specified in the Penal Code.

The legal order was equipped with a circle of preventive measures, which, through the prohibition on working with children, must ensure better control over persons working with children, precluding or limiting the engagement of people who have committed a sexual crime against a child in areas associated with children.

The criminal proceedings were supplemented with conciliation proceedings, which gives the chance to terminate the criminal proceedings due to a conciliation achieved between the victim and the accused, provided that the circumstances of the crime of the second degree are clear and there is no public interest in continuing the criminal proceedings.

Merger of forensic institutions

The merger of two institutions engaged in forensic examination was prepared in 2007 and as of 1 January 2008 there is only one forensic institution in Estonia, the Estonian Forensic Science Institute.

Main problems

The level of juvenile delinquency remains high: the overall crime rate is falling, but the juvenile delinquency rate is rising. In comparison with 2005 the number of minors suspected of a crime was higher by 344 in 2006. Most of juvenile delinquents committee so-called minor offences, i.e. offences against property and status-related offences.

The high number of prisoners (over 3,500) and their high recidivism continue to pose a problem. Nearly 80% of prisoners were serving a sentence for the second time or more and only 13% of prisoners were serving a sentence for the first time at the beginning of 2007. Ignorance of the effectiveness of social services provided in prison and later life management of prisoners pose a problem, too.

Although the overview of the use of resources in the fight against crime has improved considerably, a lot of attention must be paid to development of adequate criminal statistics and development of high-quality criminal proceedings in the entire chain of criminal proceedings (the police, the Prosecutor’s Office, courts, prisons as well as probation supervision). The availability of the data required for analyses (e.g. data protection restrictions) or the insufficiency of resources (e.g. the lack of criminal policy researchers) may pose a problem. In the implementation phase the transfer to the e-file may cause problems of the availability and quality of statistics.

It is important to hedge risks relating to the duration of criminal proceedings in order to ensure the protection of the rights of persons in criminal proceedings.

Targets

• Criminal statistics is reliable and allows for planning the criminal policy.
• Development plans and policies are made on the basis of criminal policy research.
• The crime prevention system functions effectively.

Measure 1.  Ensuring reliable overview of crime

Activities

1. Development of criminal statistics.
2. Preparation of periodic overviews of crime: analysing and publishing statistics.
3. Commissioning and preparing criminological research and analyses.
4. Evaluation of the impact of the criminal policy and penal provisions on the crime rate.

Direct results

1. Criminal statistics is reliable and allows for planning the criminal policy (2010).
2. The annual overview of crime and the overview of the developments of the criminal policy have been made and submitted to the Parliament by March 1 each year.
3. The impact of the criminal policy and penal provisions has been analysed.
4. Criminological analyses and research have been carried out and published (ongoing). Development plans are made and policies are shaped based on criminal policy research.

Measure 2.  Improvement of the fight against juvenile delinquency

Activities

1. Implementation of the Development Plan for Reduction of Juvenile Delinquency and regular exchange of information within the network attending to juvenile delinquents.
2. Supervision over pre-trial proceedings of minors and the length of keeping minors in custody.
3. Effective response to juvenile delinquency (analysis of punishments, sanctions and their effectiveness).
4. Identification of the situation of evidence-based practice, outlook and impediments regarding prevention and reduction of child and juvenile delinquency.

Direct results

1. The Development Plan for Reduction of Juvenile Delinquency is modified and supplemented annually (2008).
2. The Prosecutor’s Office and other institutions engaged in criminal proceedings follow the standards established to juvenile criminal proceedings. Once a year the Ministry prepares an overview of adherence to them.
3. An overview of the effectiveness of the punishments and sanctions imposed on minors (2008).
4. The evidence-based practice report has been prepared (2008).

Measure 3.  Prevention of crimes committed against minors

Activities

Imposing a restraining order (incl. to protect a minor victim) and adherence to the practice of imposing punishments for crimes committed against minors.

Direct results

Restrictions for working with children have been established on sexual offenders. An analysis of penal practice.

Measure 4.  Reduction of crime relating to trafficking in persons

Activities

1. Making annual summaries regarding implementing the Development Plan for Combating Trafficking in Persons 2006-2009, organisation of round tables of the national network against trafficking in persons, and development of cooperation.
2. Analysing crimes relating to cases of trafficking in persons.
3. Harmonisation of the EU framework decision on combating trafficking in humans.
4. Harmonisation of the Additional Protocol of the UN Convention against Transnational Organised Crime (2009).
5. An analysis of the experience of foreign countries with the goal of finding effective means for reduction of trafficking in persons.
6. Joining the Council of Europe Convention on Action against Trafficking in Persons (2008).

Direct results

1. A summary on implementation of the Development Plan for Combating Trafficking in Persons 2006-2008 has been submitted to the Government in March each year (until 2008).
2. There is an overview of proceedings and court cases pertaining to crime relating to trafficking in persons.
3. A survey of successful measures of trafficking in persons in foreign states has been carried out and recommendations have been developed for Estonia. If necessary, the Development Plan for Combating Trafficking in Persons will be modified (2008).

Measure 5.  Reduction of crime relating to money laundering and proceeds of crime (incl. income derived from corrupt practices)

Activities

1. Modernisation of the regulation on confiscation and seizure of proceeds of crime and analyses of implementation of the regulation.
2. Resolution of legal problems posing a hindrance to detection and proceedings of money laundering offences (2008).
3. Monitoring new ways of committing crimes for the purpose of earning criminal income (straw men, dummies, using a computer to commit crimes) and making relevant amendments to laws (2008).
4. Improvement of the system of declarations of economic interests and introduction of the electronic system of declarations of economic interests for the purpose of improvement of supervision.
5. Clearer regulation of the restrictions imposed on officials.
6. Conducting surveys and analyses of corruption.
7. Adoption of a new anti-corruption strategy.
8. Increasing awareness of the fight against corruption, preventive acts aimed at entrepreneurs.
9. Analysis of engagement of persons pursuing proceedings who have specialised in identification of proceeds deriving from crime (2009).
10. Analysis of the penal practice pertaining to drug-related crime (incl. confiscation).
11. Development and analysis of an anti-cartel policy.

Direct results

1. The new regulation of confiscation and deprivation of proceeds of crime has been modified and it is implemented successfully.
2. The threat of corruption has decreased owing to improved supervision and notification.
3. There is an overview of imposing fines to the extent of assets.
4. The new system of declarations of economic interests has been developed and the electronic system of declarations of economic interests has been launched (2009).
5. The draft law updating the regulation of restrictions imposed on the activities of official has been drawn up (2008)
6. The Government has approved the anti-corruption strategy based on research and analyses (2008).
7. The activities provided for in the anti-corruption strategy have been implemented (2012).
8. Seizure and confiscation of proceeds of crime has increased.
9. An overview of the punishments imposed for drug-related crimes and of related confiscation is given annually.
10. The anti-cartel policy has been developed (2008) and implemented (2009).

Measure 6.  Changing the organisation of the criminal justice system in compliance with the needs of combating and preventing crime

Activities

1. Establishment of a system for measurement of expenses throughout the chain of criminal proceedings; implementation of measurement of the working time in each specific case. Introduction of the system of accounting the state’s expenses in criminal proceedings.
2. Establishment of a balanced system of social securities of the employees of all institutions implementing penal law.
3. Analysing the workload of the Prosecutor’s Office and planning the resources of the Prosecutor’s Office accordingly.
4. Mapping procedural expenses in criminal proceedings and improvement of the system.
5. Analysing establishment of the Estonian Forensic Science Institute (EFSI).
6. Mapping the functions of investigative bodies and, where necessary, making proposals to the Government of the Republic about the number and functions of the investigative bodies.
7. Analysing the structure and effectiveness of the activities of the Prosecutor’s Office and investigative bodies in the fight against crime based on the priorities.
8. Establishment of a term for keeping people in custody at the stage of judicial proceedings of criminal matters.
9. Speeding up pre-trial procedures of criminal matters in cases which will be resolved by way of an adversarial procedure.
10. Analysis of treatment of victims and witnesses in criminal proceedings and implementation of the changes arising therefrom in the activities of law enforcement bodies (2008).
11. Organisation of prevention of offences according to the functions arising from the Law Enforcement Act.
12. Cooperation with the European Crime Prevention Network.
13. Analysing the length and effectiveness of keeping persons in custody.

Direct results

1. An overview of the price of criminal proceedings: how much the state spends on bringing charges – the input for determination of state fees (2009).
2. The social guarantees of all institutions which implement penal law are in compliance with their role in the chain of the criminal justice system.
3. The workloads of prosecutor’s offices are regularly analysed and taken into account in budgeting.
4. Procedure expenses arising from criminal proceedings have been mapped and instructions have been given to the persons pursuing the proceedings for checking the expenses (2008).
5. An analysis of establishment of the forensic examination institution has been conducted (2009).
6. Detailed activity analysis “Functions and Multitude of Investigative Bodies” has been conducted (2008).
7. Positions for conducting pre-trial investigation have been created in the Prosecutor’s Office with regard to priority crimes (2008).
8. The structure and activities of the Prosecutor’s Office and investigative bodies corresponds to the needs of combating crime (2008).
9. Criminal proceedings involving persons in custody take place within a reasonable time.
10. There is statistics and analysis of arrests (2009).
11. The resources spent on pre-trial proceedings of criminal matters and judicial proceedings are balanced.
12. The organisation of prevention of offences is more effective.
13. Analyses of keeping persons in custody are made annually.

STRATEGIC GOAL

2. Effective punishments for persons who have committed a criminal offence

Targets

• The Code of Criminal Procedure (CCP) and the Penal Code (PC) have been updated.
• The proceedings of minor offences are held within 48 hours.
• The number of imprisoned persons has fallen to 3,200 by 2012.

Measure 1.  Modification of legislation in criminal law

Activities

1. Modernisation and updating of the CCP pursuant to research and expert assessments (incl. ensuring protection of the fundamental rights of persons) and EU legislation regulating judicial cooperation.
2. Modernisation of the PC based on research and expert assessments.
3. Modernisation and updating of other criminal laws pursuant to research and expert assessments (the Imprisonment Act, the Prosecutor’s Office Act, the Penal Register Act, the Code of Misdemeanour Procedure, the Forensic Examination Act).
4. Analysis of application of simplified proceedings in the Prosecutor’s Office.
5. Legalisation of expedited proceedings and an analysis of effectiveness.
6. Binding the size of a pecuniary punishment to the income of the offender in misdemeanour proceedings.
7. Expediting/simplifying misdemeanour proceedings (2009).
8. Analysis of implementation of the criminal liability of legal persons (2008).
9. Analysing the possibilities of prevention of market manipulations.

Direct results

1. Criminal laws have been updated (CCP in 2009).
2. Upon imposing punishments for misdemeanour proceedings it is proceeded from the income of the person (2008).
3. Minor offences in misdemeanour proceedings are resolved quickly.
4. The draft Penal Code Amendment Act and the draft Imprisonment Act Amendment Act have been approved by the Government.
5. The concept of prevention of market manipulations has been developed (2008).

Measure 2.  Cutting the length of imprisonment and reduction of the share of imprisonment

Activities

1. Analysing the penal practice of courts.
2. Reviewing the sanctions in the special part of the Penal Code.
3. Introduction of a new procedure for releasing on parole and an analysis of the effectiveness of the changes.
4. Improvement of the practice of releasing on parole (involvement of partners, specialisation of officials, modification of legislation).
5. Improvement of the process of implementation of electronic supervision and expanding the area of use.
6. Ensuring the preparedness for introduction of conciliation proceedings and implementation of conciliation proceedings.
7. Establishment of opportunities for introduction of treatment of drug addiction as an alternative punishment or sanction with regard to offenders (legal possibilities, a system for deciding on the need for treatment, places of treatment of a drug addiction).

Direct results

1. A comparative analysis of court judgments has been conducted (2010).
2. Survey titled “Number of Prisoners in Estonia 1991-2005 and Penal Law and Criminology Considerations of Reduction Thereof” has been conducted (2008)
3. The sanctions in the special part of the Penal Code have been reviewed (2008).
4. Analysing the possibility of releasing on parole without the interference of the court (2009), the rise of the proportion of being released on parole to 75% (2011).
5. There are possibilities (equipment, organisation, etc.) for exercising electronic supervision in cooperation with prisons (2008); the use of electronic supervision has increased (2010).
6. The possibility of treatment of a drug addiction as an alternative punishment or sanction has been ensured (2009).
7. There is a functioning system, which helps prosecutors to decide on imposing treatment of a drug addiction with regard to a person (what kind of treatment the person needs, how long could treatment be, etc.).

Measure 3.  Reduction of the risk of recidivism in prisons and probation supervision

Activities

1. Development of the method of risk assessment (scoring system, juvenile method) and introduction thereof in probation supervision and prisons.
2. Increasing the use and effectiveness of intervention programmes aimed at reducing the risk of repeated offences in probation supervision and prisons by way of implementing regular scientific evaluations.
3. Development and introduction of the principles of case management approach in carrying out sentences.
4. Merging the probation supervision system with the prison system (2008).
5. Development of a re-socialisation programme for those released on time; mapping the possible strategic partners in the private sector or among NPOs.

Direct results

1. An integrated risk assessment methodology is applied in planning the length of the sentence of all prisoners and probationers (2009).
2. It has become clear what intervention programmes are effective and their share is increased.
3. The case management principles of prisoners and probationers have been developed (2008) and applied in practice (2009).
4. Probation supervision departments are separated from courts and brought under prisons as of 1 June 2008.

Measure 4.  Ensuring useful activities in prisons

Activities

1. Increasing the number of the employed among imprisoned persons.
2. Increasing the number of imprisoned persons who pursue studies.
3. Integration of the vocational education of prisoners into the overall education system in cooperation with the Ministry of Education and Research, handing vocational training over to the local vocational education institutions: as of academic year 2007/2008 in Murru Prison and as of 2008/2009 in Viru Prison.
4. Introduction of a system of motivation of imprisoned persons who pursue their studies.

Direct results

1. At least 650 imprisoned persons or 30% of the convicted person work in AS EVT and 350 imprisoned persons perform maintenance work offered by the prison for 20 hours a week (2011).
2. The number of prisoners pursuing studies has increased: 1,000 imprisoned persons pursue their studies or acquire education for 20 hours a week.
3. Vocational training has been transferred to local vocational education institutions (in Viru Prison).
4. The system of motivating prisoners to acquire education has been introduced.

Measure 5.  Application of measures for prevention and rehabilitation of drug abuse

Activities

1. Ensuring withdrawal and replacement treatment opportunities for offenders who are drug addicts.
2. Prevention of intra-prison transfer of HIV and other infectious diseases by ensuring the availability of HIV-related training and materials, HIV testing and counselling, prophylactics, diagnostics and treatment.
3. Preventing drugs from being smuggled into prisons.
4. Tartu Prison has specialised in treatment of drug addicts.

Direct results

1. The prisoners who need addiction treatment have been gathered and Tartu Prison has specialised in treatment of drug addicts (2008).
2. The dissemination of training and information materials on the spread of HIV has been ensured (2008). HIV testing and counselling (2008), prophylactics, diagnostics and treatment are available (2010).
3. The number of prisoners covered by the rehabilitation programme has increased (2008).

Measure 6.  Provision of health care services in a prison

Activities

Ensuring provision of health care services in prisons in compliance with the requirements of the Health Care Services Organisation Act.

Direct results

The staff of medical departments is qualified (2009) and the departments have the required activity licenses (2008).

Target

• By 2012 there will be four prisons left in Estonia: Tallinn Prison, Tartu Prison and Viru Prison are regional prisons, Murru Prison is meant for prisoners who do not have difficulties in subjecting themselves to the process of carrying out sentences.

Measure 1.  Creation of prisons complying with modern requirements (construction of cell-type prisons and open prisons) and improvement of supervision

Activities

1. Opening Viru Prison.
2. Introduction of an open department in Tartu Prison.
3. Preparation of the closure and the closure of Viljandi Prison and preparation of termination of use of the buildings of Ämari Prison.
4. Preparation of termination of use of the buildings of Harku Prison.
5. Construction of the new facilities of Tallinn Prison.
6. Introduction of a system of jamming the availability of mobile communications in Murru Prison.
7. Activities required for closing Murru Prison (by 2015 the latest).
8. Introduction of the uniform of prisoners in 2008 in prisons of Viru, Tallinn and Murru.

Direct results

1. Viru Prison has commenced operation (2008). Juvenile delinquents/young prisoners serve their sentences and short-term prison sentences are served there.
2. Tartu Prison has an open department (2009).
3. Viljandi Prison has been closed and the use of the buildings of Ämari Prison has been terminated (2008).
4. The new facilities of Tallinn Prison have been built and female prisoners serve their sentences in the same facilities (2012).
5. Mobile communications are jammed in Murru Prison (2008).
6. The prisoners in prisons of Viru, Tallinn and Murru wear a uniform (2008).
7. The prison system is ready for accepting prisoners who have to serve their sentence in Estonia according to international agreements (2008).

Table. Number of imprisoned until 2012

Measure 2.  Development of the organisation of the prison system and cultivating professional officials

Activities

1. Implementation of process-based structural units.
2. Establishing a ratio of supervisory officers based on the number of imprisoned persons, the architectural solution of the prison and the specialisation of the prison.
3. Ensuring moderate staff turnover in Tallinn, Tartu and Viru Prisons.
4. Development of the social guarantees of prison officers so they are the same throughout the internal security system.
5. Increasing the share of employees with professional qualifications.
6. Development of a single in-service training system, definition of in-service training priority areas and target groups.
7. Reduction of the number of prison guard positions by way of increasing the number of positions of contact persons and re-profiling official duties. 
8. Introduction of the requirement that all guards of Class II must be able to master the official language at least at the intermediate level.
9. Establishment of a new pay system for prison officials.

Table. No. of prison officials (excl. probation officers)

Direct results

1. The unit-based structure has been introduced in the prisons of Tartu and Viru (2008).
2. A life department with heightened security requirements has been opened in Viru Prison (2008).
3. The staff turnover has decreased in Tallinn Prison, Tartu Prison and Viru Prison (28.5% in 2005, 22% in H1 2007, 15% in 2012).
4. The employer makes payments to the third pension pillar of the prison officials.
5. 70% of, i.e. 715 prison officials have professional higher or vocational education in 2012 (in 2005 18%, i.e. 206 prison officials of 1,125; in 2007 38%, i.e. 385 prison officials of 1,012).
6. The admission competition to the higher education programme of the Estonian Public Service Academy is at least at the level of 2005 in 2010 (1 to 3.3 in 2005; 1 to 1.8 in 2007).
7. As of the autumn of 2008 the Estonian Public Service Academy carries out in-service training of prison officials.
8. The number of senior prison guards has decreased and the ratio of contact persons depends on the group of treatment of the prisoner (2012).
9. As of 1 March 2008 all guards of the external guarding service master the Estonian language at least at the intermediate level.
10.  The new pay system of prison officials has been introduced.