Повна версія
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1. Hour of Questions to the Government about the results of the quarantine measures introduced by the Government of Ukraine in January 2021, and the implementation of the plan to vaccinate the population of Ukraine from COVID-19.
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2. Draft Law No. 4489-1 (S. Babak) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING ARTICLE 42 OF THE LAW OF UKRAINE ‘ON HIGHER EDUCATION’ TO IMPROVE THE PROCEDURE FOR ELECTING THE PRINCIPAL OF AN INSTITUTE OF HIGHER EDUCATION” – the bill proposes regulating the holding of the second round and of the repeat election if the winner has failed to pass the special (background) check, except for principals of private institutes of higher education (IHE), and if no one has scored the required number of points in the second round; the bill provides that the contract will be concluded with the individual receiving more than 50% of the votes of those who took part in the voting; it is specified that the principal of an IHE may not serve more than two terms in that office, regardless of the method of his/her appointment/election.
FOR (+) No. 4489-1: Resolving the problem of the holding of the office of an IHE principal by some individuals for dozens of years regardless of the results of their activities.
AGAINST (–) No. 4489-1: The required type of background check is not specified; the parliament will be tasked with performing functions that are not inherent in it: in fact the bill requires that the IHE founders announce another competition on the day of the coming into force of the Law the office of IHE principal is vacant.
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3. Draft Law No. 3623 (Cabinet of Ministers) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE ON REGISTERING AN EMPLOYEE’S LABOR ACTIVITIES IN ELECTRONIC FORM” – the labor activities of employees and the social dues paid by them will no longer be registered on paper; this will be done only in electronic form – in the Register of Insured Persons within the State Register of Social Insurance. A 5-year transitional period is established for entering in the State Register of information from paper work-record books. The scanning and digitizing of copies of work-record books and references will be performed by the employee and the employer, with mandatory imposition of a qualified electronic signature. The original paper work-record book will be returned to the employee after all information from the book has been entered in the State Register.
FOR (+) No. 3623: The digitizing of labor record registration; the impossibility to forge work-record books and to manipulate the length of service and the sizes of salaries; automatic award of pension and determination of the most advantageous option; an individual’s right to increased pension as a result of delayed retirement; no negative consequences of losing the work-record book.
AGAINST (-) No. 3623: The employer will also have to enter information on admission to job, transfer to another position, and removal from job in paper work-record cards upon request from the respective employees; no reliable cyber protection of a large volume of data containing confidential information and personal data; impossibility for an employee to oversee the correctness of the entry of his/her data in the Register.
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4. Draft Law No. 4318 (Y. Kravchuk) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON CULTURE’ REGARDING THE GENERAL PRINCIPLES FOR PROVIDING CULTURAL SERVICES TO THE POPULATION” – the bill is aimed at forming an effective system of guaranteeing observance of the cultural rights and needs of the population for receiving quality and accessible cultural services; determines the priorities of the state cultural policy, the powers of public authorities; a mechanism for monitoring and evaluating the implementation of state policy in the sphere of culture and arts is introduced; minimum standards for providing the population with cultural services are determined; and the regulation of the financial and economic activities of cultural institutions is changed.
FOR (+) No. 4318: The modernization of the cultural infrastructure will improve the provision of quality and accessible cultural and artistic services to the population and contribute to aesthetic education of citizens, especially children and youth; strengthening the protection of cultural heritage and cultural values; preservation, reproduction and protection of the historical environment.
AGAINST (-) No. 4318: The reorganization may lead to the closing of some clubs, libraries and other cultural institutions and to reduction of their numbers; the risk of rising costs of services; inconsistency of actions and “competition of powers” in the sphere of guaranteeing observance of the population’s cultural rights and needs between local self-government bodies and local state executive bodies; additional spending from the Budget.
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5. Draft Law No. 3132 (repeat second reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING THE LAW OF UKRAINE ‘ON THE ANTI- MONOPOLY COMMITTEE OF UKRAINE’ AND SOME OTHER LEGISLATIVE ACTS OF UKRAINE TO IMPROVE THE SYSTEM OF BODIES OF THE ANTI-MONOPOLY COMMITTEE” – the bill provides for the creation at the AMCU of a Commission (Commissions) for considering complaints against violations of the legislation in the sphere of public procurement; such Commission will consist of no less than three commissioners empowered to consider complaints against violations of the legislation in the sphere of public procurement (a total of 10 commissioners), who will be appointed/dismissed by the Head of the AMCU; a commissioner can be appointed for up to two 7-year terms.
FOR (+) No. 3132: Decreasing the workload on the Panel and on the current State Commissioners of the Anti-Monopoly Committee and their greater focus on activities aimed at protecting competition, on merger/concentration permissions and other directly anti-monopolistic issues; improvement of the procedure for appealing against procurement procedures; improvement of consideration of complaints against violations of legislation in the sphere of procurement.
AGAINST (-) No. 3132: The absence of amendments to the Law on Public Procurement creates a legal conflict; the appointment and dismissal of Commissioners for consideration of complaints against violations of legislation in the sphere of public procurement must be performed in compliance with the Constitution of Ukraine and not in the manner proposed by the bill – by the Head of the Anti-Monopoly Committee of Ukraine; the threat of creating “pet” commissioners who will be using “informal directives” from the Head of the AMCU rather than the Laws of Ukraine.
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6. Draft Law No. 4361 (I. Friz) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON PUBLIC SERVICE’ TO EXPAND THE RANGE OF PERSONS WHO CAN APPLY FOR PUBLIC SERVICE POSITIONS” – the bill expands the range of persons who can apply for public service – this is achieved by including work as a lawyer, notary, or court- appointed manager in the general requirements for length of service (including administrative service) in positions of public service categories A, B, and C.
FOR (+) No. 4361: Provision of access to public service for categories of citizens meeting high qualification requirements.
AGAINST (-) No. 4361: The activities of lawyers, notaries, court-appointed managers are not related to managing large collectives; therefore a person performing such activities cannot be regarded as a priori having managerial skills; the specific character of the activities of notaries, lawyers, court- appointed managers in not quite in line with the type of work performed by the holders of positions of public service categories A and B.
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7. Draft Laws Nos. 3360 (A. Motovylovets) and 3360-1 (I. Friz) (first reading; the Committee proposes that No. 3360-1 be adopted as a basis) “ON AMENDING CERTAIN LEGISLATTIVE ACTS OF UKRAINE TO ELIMINATE INCONSISTENCIES AND UPDATE THE SALE OF MORTGAGED PROPERTY AND PROPERTY IN AN ENFORCEMENT PROCEEDING” – the bill removes from the Law “On the Enforcement Proceeding” the mechanism for the sale of seized property for a fixed price; the powers to determine the procedure for conducting electronic auctions is transferred to the Cabinet of Ministers; the bill proposes that mortgaged items be sold at electronic auctions; the mortgage holder will receive from a notary a certificate on acquisition of property from an electronic auction that did not take place.
FOR (-) No. 3360-1: Strengthening the transparency of the system of sale of seized property; increasing the efficiency of enforcement of court decisions; clear legislative regulation of the sale of assets in an enforcement proceeding.
AGAINST (-) No. 3360-1: In the event of cancellation of the procedure for the sale of property at a fixed price, which applies to property worth up to 50 times the minimum salary, the expenses related to organizing and conducting an auction may be higher than the value of the seized property.
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8. Draft Law No.4118 (O. Fediyenko) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON ACCESS TO OBJECTS OF CONSTRUCTION, TRANSPORT, ELECTRIC POWER ENGINEERING FOR THE PURPOSE OF DEVELOPING TELECOMMUNICATION NETWORKS’ AND OTHER LEGISLATIVE ACTS OF UKRAINE RELATED TO DEVELOPMENT OF TELECOMMUNICATION NETWORKS” – regulation of juridical, economic, entrepreneurial legal relations and organizational principles of providing access to the infrastructure of objects of construction, transport and electric power engineering; introduction of a single center of access (register) to information on access objects; non- discrimination in providing customers with access to the infrastructure of the access object; prohibiting the owner from demanding that the customer enter into any agreement (on lease, easement, etc.) other than the access agreement; improving the mechanism for establishing the amount of periodic payments for access to infrastructure elements.
FOR (+) No. 4118: Deployment in Ukraine of high-speed electronic communication networks; preventing a rise in the cost of communication services for customers.
AGAINST (–) No. 4118: Violation of legal equality of participants in legal and proprietary relations; guaranteeing the rights of operators and providers of electronic communication services, in defiance of the rights of the owners (possessors) of the infrastructure of the object of construction, transport, or electric power engineering, condominiums, etc.; expanding the powers of the National Commission for the State Regulation of Communications and Informatization by empowering it to develop and approve methodological recommendations for determining the amount of damage caused to operators or providers as well as to conduct out-of-court settlement of disputes related to access.
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9. Draft Law No. 0958 (O. Poroshenko – 8th convocation MP) (second reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO PREVENT EXCESSIVE PRESSURE ON ECONOMIC SUBJECTS FROM MEASURES OF STATE OVERSIGHT (CONTROL) OF COMPLIANCE WITH THE LEGISLATION ON LABOR AND EMPLOYMENT OF THE POPULATION” – the bill deprives local self-government bodies of the power to carry out audits of enterprises’ compliance with the legislation on labor and employment of the population (they will only have the power to initiate such audits); it establishes administrative liability of officials of bodies of state oversight (control) for issuing orders, ordinances, decisions to impose financial sanctions if they are revoked in an administrative or judicial proceeding.
FOR (+) No. 0958: Decreased administrative pressure and financial load on business; determination of the deadlines for imposing financial sanctions for violating the legislation on labor and employment of the population; decreased possibilities for abuse of power in respect of economic subjects by oversight bodies.
AGAINST (-) No. 0958: Certain provisions are no longer relevant, since penalties for violating the labor legislation have already been decreased; fewer possibilities for detecting violations and protecting hired workers.
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10. Draft Laws Nos. 4147 (O. Koval) and 4147-1 (Y. Hryshyna) (first reading; the Committee recommends that No. 4147 be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE ON THE FUNCTIONING OF THE NATIONAL QUALIFICATIONS SYSTEM” – No. 4147 regulates the issues of formation, assessment and assignment of professional qualifications, the relationship between a person’s working conditions and professional qualifications, the development and introduction of professional standards, the formation of the Register of Occupations and Qualifications; rules out the participation of the State Employment Service in organizing verification of informal education; regulates the activities of Sectoral Councils in developing professional standards, etc.
FOR (+) No. 4147: the bill will make it possible to build an effective labor market management system and contribute to reducing unemployment; create a high-quality qualifications system for objective assessment of the quality of human capital, which will provide everyone with the right to work and a decent reward; stimulate citizens to engage in continuous professional development and lifelong self-education.
AGAINST (-) No. 4147: Changing the procedure for confirming the assessment and assignment of professional qualifications, assessing the results of informal vocational training of persons in working professions, etc., will lead to higher labor migration; increased spending from the State Budget and local budgets; terminological inconsistency of the project with the current legislation.
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11. Draft Law No. 4184 (D. Hetmantsev) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE TAX CODE OF UKRAINE TO CANCEL TAXATION OF INCOMES RECEIVED BY NONRESIDENTS IN THE FORM OF PAYMENT FOR THE PRODUCTION AND/OR DISTRIBUTION OF ADVERTISEMENTS AND TO IMPROVE THE PROCEDURE FOR IMPOSING VALUE-ADDED TAX ON TRANSACTIONS OF PROVISION BY NONRESIDENTS OF ELECTRONIC SERVICES TO INDIVIDUALS” – the bill cancels taxation of nonresidents’ incomes in the form of payments for advertisements; improves the procedure of imposing the VAT on transactions of provision by nonresidents of electronic services to individuals in the customs territory of Ukraine; defines the concept of “electronic services” and specifies the place of their provision; establishes the specifics of registration of a nonresident as a taxpayer, determines the taxation basis, the timeframes for paying the taxes, for submitting tax reports, for challenging decisions of regulatory authorities; provides for the payment of a tax liability by a nonresident in foreign currency, the simplified procedure for registration of a nonresident VAT payer (remote registration is possible); nonresidents are exempt from the obligation to register tax invoices.
FOR (+) No. 4184: Involving nonresidents providing electronic services to individuals in value-added taxation; administering the payment of the tax is not burdensome for business and the state and nonresidents are exempt from the obligation to draw up tax invoices and register them in the Unified Register; VAT-related increase in State Budget revenues.
AGAINST (-) No. 4184: Noncompliance with the current legislation of the proposal to pay the VAT in foreign currency; ambiguity and confusion when using the terms “electronic resources,” “cloud technologies”; the “virtual registration” of nonresidents will make it harder to administer the tax and create conditions for VAT evasion; the creation of the electronic service “VAT for individual nonresidents” will require additional Budget spending.
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12. Draft Law No. 3969 (Z. Andriyovych) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE WATER CODE OF UKRAINE TO ADJUST THE LIST OF PRIMARY WATER USERS” – it is proposed that the list of primary water users should include persons having their own water collecting facilities/equipment and receiving water from canals, reservoirs / water economy systems, water pipes of interbasin and intrabasin redistribution of water resources; it is proposed that such persons be obliged to conclude water supply contracts with asset-holding enterprises or with enterprises providing for transfer of water to regions with little water.
FOR (+) No. 3969: Mandatory conclusion of economic agreements by primary water users; increased funding of such asset holders and, as a consequence, improved material basis of water-supplying enterprises.
AGAINST (-) No. 3969: The bill aims at aligning the legislation with the respective CMU Resolution, while it must be the other way round: bylaws must be aligned with laws: the bill does not take into account the situation when the asset holder and the entity providing for transfer of water to areas with little water are different legal entities – it is unclear with whom the agreement must be concluded.
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13. Draft Laws Nos. 3950 (Cabinet of Ministers) and 3950-1 (N. Korolevska) (first reading; the Committee proposes that No. 3950 be adopted as a basis) – “ON AMENDING ARTICLE 121 OF THE CODE OF CIVIL PROTECTION OF UKRAINE” – the bill proposes compensation for the death of a civil protection employee occurring not only in the course of duty but also at any other time during the period of the employee’s civil service.
FOR (+) No. 3950: Social protection of the families of the dead employees; lowering the financial burdens on such families.
AGAINST (-) No. 3950: Additional spending from the State Budget.
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14. Draft Law No. 4259 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING ARTICLE 16 OF THE LAW OF UKRAINE ‘ON PROTECTION OF ATMOSPHERIC AIR’ TO REGULATE ECONOMIC ACTIVITIES INVOLVING OZONE DEPLETING SUBSTANCES AND FLUORINATED GREENHOUSE GASES” – the bill determines the legal and organizational principles for regulating relations in the sphere of handling controlled substances the use of which affects the ozone layer and climate change as well as handling products containing such substances.
FOR (+) No. 4259: Potentially, gradual reduction of the use of substances affecting climate change, fulfillment by Ukraine of its international obligations.
AGAINST (-) No. 4259: Failure to refer the Law “On Regulating Economic Activities Involving Ozone Depleting Substances and Fluorinated Greenhouse Gases” to the category of legislation on protection of atmospheric air.
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15. Draft Law No. 4221 (H. Lichman) (first reading; the Committee proposes that the bill be adopted as a basis) “ON SELF-REGULATION OF ECONOMIC AND PROFESSIONAL ACTIVITIES” – the bill establishes the general principles of self-regulation of economic and professional activities which is performed through self-regulating organizations, determines the legal status of such organizations, the principles and procedure for their formation and operation, the foundations of state regulation and state control; establishes a framework for the delegation to self-regulatory organizations of certain powers (functions) of public authorities and local self-government bodies in charge of regulating economic and professional activities.
FOR (+) No. 4221: The application of European practice will be conducive to economic activities, promote the creation of reputational benefits and the formation of consumers’ confidence in economic subjects and in subjects of professional activities, in the quality of products, works or services; promoting the entry of Ukrainian manufacturers into international SROs; improving the state’s investment attractiveness, business climate and competitiveness; reduction of administrative pressure on business.
AGAINST (-) No. 4221: The currently operating SROs will have to get re- registered within a three-year period; granting excessively wide powers to self-regulating organizations by delegating to them certain powers of public authorities, the NBU’s powers of controlling and/or regulating economic or professional activities may lead to irregularities.
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16. Draft Law No. 4017 (O. Fediyenko) (first reading; the Committee recommends that the bill be adopted as a basis and as a whole) “ON AMENDING ARTICLE 10 OF THE LAW OF UKRAINE ‘ON STATE DECORATIONS’ (TO INSTITUTE THE HONORARY TITLE OF ‘HONORED WORKER OF THE TELECOMMUNICATIONS SPHERE OF UKRAINE’”) – the bill proposes that the list of honorary titles be supplemented with the honorary title “Honored Worker of the Telecommunications Sphere of Ukraine.”
FOR (+) No. 4017: Recognition by the state of achievements of employees in the sphere of telecommunications and telecommunication services; an incentive for employees in that sphere to achieve high performance parameters in implementing tasks and plans.
AGAINST (-) No. 4017: Additional spending on the production of breast badges, certificates, payment of premiums and bonuses in addition to the fixed salary and of pensions to the title holders.
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17. Draft Law No. 3503 (S. Kuzminykh) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES REGARDING THE SPECIFICS OF DRAWING UP A PROTOCOL ON ADMINISTRATIVE OFFENSE FOR FAILURE TO OBSERVE THE LEGALLY ESTABLISHED TIMEFRAMES (DEADLINES) FOR RESPONDING TO AN APPEAL OR INQUIRY FROM AN MP OF UKRAINE” – the bill determines the specifics of drawing up a protocol on administrative offense for failure to observe the legally established timeframes (deadlines) for responding to an appeal or inquiry from an MP of Ukraine; it simplifies the procedures for registering violations in a situation when the person drawing up such document is territorially distanced from the person being brought to administrative liability; the person being brought to liability has the right to provide an explanation and remarks regarding the content of the protocol within 3 days from the moment of receiving the protocol – these materials will be appended to the protocol.
FOR (+) No. 3503: The creation of a mechanism for the exercise of the MPs’ right to submit inquiries and appeals for the purpose of effective state building; strengthening the parliament’s oversight function.
AGAINST (-) No. 3503: The possibility of abuse by MPs of their right to submit inquiries/appeals with no threat of liability; the timeframe for drawing up a protocol on administrative offense is not specified.
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18. Draft Law No. 3683 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS TO IMPROVE THE PROCEDURE FOR DEVELOPING, ADOPTING AND ENFORCING AVIATION RULES OF UKRAINE” – the bill provides that the Aviation Rules of Ukraine will be developed, adopted and enforced in accordance with the standards and recommended practice of the International Civil Aviation Organization, the regulatory acts of the International Air Transport Association, the European Organization for the Safety of Air Navigation (Eurocontrol), the European Aviation Safety Agency, other international aviation organizations, and with consideration for the legislation of the European Union in the field of civil aviation. Such rules may be adopted in the original language and include provisions of standards and requirements for certification, supervision and operation of aircraft; they will also have the status of technical regulatory documents.
FOR (+) No. 3683: Improvement of the procedure for developing, adopting and enforcing Aviation Rules of Ukraine; implementation in the national legislation of acts of the European Union in the field of civil aviation.
AGAINST (-) No. 3683: Adoption of aviation rules in the original language may lead to a narrower use of the state language in the respective sphere.
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19. Draft Law No. 3761 (President) (first reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING SECTION XX ‘TRANSITIONAL PROVISIONS’ FO THE TAX CODE OF UKRAINE REGARDING THE SPECIFICS OF TAXATION OF ECONOMIC SUBJECTS IMPLEMENTING INVESTMENT PROJECTS WITH SIGNIFICANT INVESTMENTS” – the bill provides for tax privileges until January 1, 2035, for “an investor with significant investments who is a party to a special investment agreement”: VAT will not apply to transactions of import of certain goods; there will be profit tax exemption for a period of 5 years (but not in excess of the size of the state support provided for by the respective special investment agreement); also, local self-government bodies will have the right to establish lower land tax rates and rates of rent or to exempt investors from the land tax.
FOR (+) No. 3761: Draft Law No. 3761 is related in a systematic way and is a derivative of Draft Law No. 3760, which has already been adopted; the latter bill specifies the organizational, legal and financial principles of state support for investment projects with significant investments (30+ million Euro, 150+ jobs, 115+ percent of the average salary in the sector/region; state support not exceeding 30% of the invested amount; implementation period of up to 5 years); establishes the status of state institution with special managers – “investment nannies”; incentives for attracting foreign investments.
AGAINST (–) No. 3761: Decreased State Budget revenues; deterioration of the condition of national manufacturers in relation to foreign investors.
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20. Draft Law No. 3762 (President) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING SECTION XXI ‘FINAL AND TRANSITIONAL PROVISIONS’ OF THE CUSTOMS CODE OF UKRAINE” – the bill provides for exemption, in 2021-2035, from the customs duty for equipment (manufactured no more than 3 years ago) required for implementing an investment project with significant investments under a special investment agreement.
FOR (+) No. 3762: Analogous to the strengths of the above-reviewed Draft Law No. 3761;
AGAINST (–) No. 3762: Analogous to the weaknesses of the above-reviewed Draft Law No. 3761.
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21. Draft Resolution No. 4500 (O. Stefanyshyna) “ON THE NATIONAL PLAN OF VACCINATION OF THE POPULATION OF UKRAINE AGAINST COVID-19” – the bill entrusts the Government and the Ministry of Health to develop and approve the National Plan for Conducting Immunization of the Population of Ukraine against the Coronavirus SARS-CoV-2 for overcoming the pandemic, based on epidemiological observation data, mathematical modeling and forecasting, as well as with consideration for recommendations from international organizations and experience of other countries. The Plan should include the identification of priority groups of Ukrainian population requiring urgent vaccination; contain financial calculations, organization of the vaccination logistics process, provisions on the appointment of persons responsible for implementing the Plan and coordination of vaccination at all levels, and provisions on organizing and conducting a nationwide large-scale communication campaign. Separate oblast-level regional plans must also be developed.
FOR (+) No. 4500: Establishment of clear benchmarks for the National Plan of Immunization against the Coronavirus.
AGAINST (-) No. 4500: The National Plan for the introduction of vaccine against COVID-19 was developed by the Ministry of Health on the basis of recommendations from the WHO back in mid-December; its details were reported by the Head of Government on December 18, 2020; in particular it was said that the Plan aims at vaccinating 50% of the population of Ukraine before the end of 2021.
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22. Draft Law No. 3731 (O. Ustinova) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON THE NATIONAL GUARD OF UKRAINE’ (REGARDING IDENTIFICATION OF THE SERVICEPERSONS OF THE NATIONAL GUARD OF UKRAINE DURING PERFORMANCE OF PUBLIC ORDER ENFORCEMENT TASKS AND PROVISION OF PUBLIC SECURITY)” – the bill proposes assigning a lifelong identification number to National Guard members; the number will be indicated on the helmet, in the certificate, on the badge of a NG member; a register of National Guard Members will be created on the basis of those numbers; disciplinary liability of NG members will be established for violating the rules of identification; the provisions of the bill will not apply in the Joint Forces Operation area.
FOR (+) No. 3731: The bill will simplify identification of servicepersons of the National Guard; as a consequence, it will be possible to discipline them for offenses; protection of NG members in the combat zone against identification by enemies.
AGAINST (-) No. 3731: The 3-months period may be insufficient to prepare for compliance with the requirements of the Law.
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23. Draft Law No. 4046 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO STIMULATE THE ACTIVITIES OF FARMING ENTERPRISES” – the bill regulates the composition of land plots that can be included in authorized capital – they can consist of land plots belonging to citizens who are members of the farming enterprise or to the farming enterprise itself; for young farmers managing a farming enterprise, non- refundable state support through the Ukrainian State Support Fund is introduced.
FOR (-) No. 4046: The opportunity for rural youth to implement their entrepreneurial initiatives; fewer young people leaving the countryside; strengthening the efficiency of farming enterprises by giving them the right to grow, with the lessor’s consent, perennial plants on the leased plot of land and to build waterworks and land reclamation systems, dwelling houses, buildings and structures.
AGAINST (-) No. 4046: The provision of state support to farming enterprises whose managers are under 35 years of age is not quite in line with EU Regulation 1305/2013 (“the age of the manager may not exceed 40 years”); in this connection, a significant number of farm managers 35 to 40 years of age will be deprived of state support; the bill does not provide advisory assistance to newly established farming enterprises.
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24. Draft Laws Nos. 4162 (D. Nalyotov) and 4162-1 (Y. Klymenko) (first reading; the Committee recommends that Mo. 4162 be adopted as a basis, with consideration for the Committee’s proposals) “ON AMENDING THE LAW OF UKRAINE ‘ON TOURISM’ AND SOME OTHER LEGISLATIVE ACTS REGARDING THE MAIN PRINCIPLES FOR THE DEVELOPMENT OF TIURISM” – the bill sets out the main principles for tourist activities, the competence of the central and local bodies forming and providing for the implementation of the state policy in the sphere of tourism and resorts, the system of interaction of all participants in tourist activities, the conditions of financial support for tour operators; creates state supervision (oversight) in the sphere of tourism, protection of the rights and legitimate interests of tourists, and the Unified Tourist Register, which will contain information on all subjects of tourist activity; provides for the approval of a tourism development strategy with state policy priorities and the creation of local tourism development programs and local funds.
FOR (-) No. 4162: Deshadowing of the tourist business; reduction of corruption risks; updating the terminology in line with EU legislation; empowering individual entrepreneurs to acquire the status of subjects of tourist activity; protection of the rights of consumers of tourist services; insurance against violations of tourists’ rights; categorization of hotels in line with international standards; favorable conditions for attracting investment; increase in the number of tourists coming to Ukraine; creation of new jobs.
AGAINST (-) No. 4162: The cancellation of licensing of tour operator activities may have a negative impact on the quality of tourist services; the introduction of mandatory insurance is at odds with the Law “On Insurance.”
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25. Draft Law 3715 (L.Bilozir) (first reading, the Committee recommends that bill be adopted as a whole) ON AMENDMENTS TO SECTION X "FINAL AND TRANSITIONAL PROVISIONS" LAW OF UKRAINE "ON PUBLIC PROCUREMENT" (ON THE EXCLUSION OF THE PROCUREMENT WITHOUT THE USE OF ELECTRONIC SYSTEMS PROCUREMENT) - it is proposed to exclude the current legislation, according to which goods, works or services necessary to prevent the occurrence / spread, localization / elimination of outbreaks, epidemics / pandemics COVID-19 could be purchased without the use of the Law on Public Procurement (without Transparent).
FOR (+) 3715: provide transparent procurement, without artificially narrowing competition, using an electronic system; will reduce purchases of dubious quality and at inflated prices of medicines, honey. products, laboratory equipment, PPE, disinfectants, antiseptics;
AGAINST (-) 3715: may adversely affect the speed of necessary procurement;
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26. Draft Law No. 4535 (V. Bezghin) (first reading; the Committee recommends that bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE TO DEVELOP THE INSTITUTION OF STAROSTAS” – the bill strengthens the institution of starostas for towns that are not administrative centers of communities; the starostas will prepare budget proposals and report to the community; also, the bill empowers local self-government bodies to approve starosta districts and the Regulations on Starostas; establishes that from the day a newly created territorial community is vested with local self-government powers the powers of the persons who performed the duties of starosta in a starosta district are terminated.
FOR (-) No. 4535: Continuation of reorganization of local authorities in accordance with the new administrative territorial system; establishment of a population of 1,500 persons as a criterion for a starosta district (except for mountain or low density territories); strengthening the representative functions of starostas; clarity of powers of starostas after approval of the Regulations; expansion of the powers of starostas, who are granted the right to provide administrative services to the population; starostas are prohibited from combining their activities with the holding of another position, such as being a deputy of a rayon or oblast council or having another paid job.
AGAINST (-) No. 4535: Lack of clarity of the rules for conducting discussions in the process of election of starostas using various procedures – hearings, meetings of citizens and other forms of public consultation; termination of the powers of acting starostas will temporarily deprive citizens of timely receipt of administrative services; the formation and functioning of starosta districts is not provided for by the Constitution of Ukraine; no upper limit is set for the number of residents in a starosta district, which means that excessively large starosta districts may be formed; starostas’ being deprived of the right to be a member of an executive committee; uncertainty regarding the range of entities empowered to seek early termination of the starosta’s power by the council.
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27. Draft Law No. 4048 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS TO IMPLEMENT JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS” – the bill introduces a mechanism for alleviating punishment for persons serving a life sentence; convicts serving a life sentence will draw up an individual plan for reintegration in society and add it to their appeal for replacement of the unserved part of the punishment with a softer form; convicts are granted the right to ask the court, through the administration of the penitentiary institution, to provide them with electronic copies of materials of the criminal proceeding (criminal case) and documents appended to the case file; establishes that strikes at transport enterprises will be used in accordance with the legislation on the procedure for settlement of collective labor disputes (conflicts), but prohibits such strikes under conditions of a state of emergency or marshal law.
FOR (-) No. 4048: Elimination of inconsistencies contravening the case law of the ECHR, with due regard to its judgments in Naydyon v. Ukraine , Veniamin Tymoshenko and others v. Ukraine ; humanization of certain norms of the criminal legislation; extension of the rights of convicts to familiarization with the court judgment to situations of petitioning for substitution of punishment.
AGAINST (-) No. 4048: The noncompliance of the changes with the provisions of other legislative acts, in particular with the Law “On Social Dialogue in Ukraine”; impossibility to perform administrative supervision of persons sentenced to life imprisonment after their early release.
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28. Draft Law 4049 (Cabinet of Ministers) (first reading, the Committee recommends to adopt as a basic) ON AMENDING CODE OF UKRAINE OF ADMINISTRATIVE OFFENSES, THE CRIMINAL CODE UKRAINE AND CRIMINAL PROCEDURE CODE UKRAINE ON THE IMPLEMENTATION OF DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS - provides mechanism for viewing the position of life imprisonment freedom, a convict when he has served a sentence of at least 10 years will have the right to apply for replacement of life imprisonment with a term of at least 15 years; the convict will be in places of imprisonment for at least 25 years - 10 before the moment of appeal and 15 years after the moment of appeal; such a sanction as "administrative arrest" in Articles 44, 121, 178 of the Code of Administrative Offenses is removed, while the limits of other types of penalties are increased; it is proposed to reduce the term of consideration of the appeal against such a sanction; provides acquaintance with materials of criminal proceedings, after entry into force of the court decision; if the convict has applied, he receives the materials in electronic form through the administration of the institution where the sentence is served;
FOR (+) 4049: elimination of inconsistencies that contradict the practice of the European Court of Human Rights, taking into account the decisions "Fast against Ukraine", "Roosters against Ukraine"; humanization of certain norms of criminal law; expanding the rights of convicts to commute their life sentences with a milder one;
AGAINST (-) 4049: will require additional expenditures from the budget - 62 million; there are no norms that would determine the procedure for the transfer of electronic copies of the Crimea. cases to the convict; lack of clear rules on the application of parole to persons sentenced to life imprisonment;
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29. Draft Law No. 2037 (R. Kniazevych) (the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE TO STRENGTHEN LIABILITY IN THE SPHERE OF PROTECTION OF CULTURAL HERITAGE” – the bill adds to the list of violations a person’s failure to submit a report on a completed archaeological survey; provides for increased administrative punishment for: violation of the requirements of the legislation on protection of cultural heritage – for citizens, from 3.400 to 5,100 UAH (at present, 850 – 1,700 UAH); for officials, from 5,100 to 6,800 UAH (at present, 1,700 – 2,500 UAH); the powers to initiate prosecution under Articles 92 and 188-33 of the Code of Ukraine on Administrative Offenses regarding violations of requirements of the legislation on protection of cultural heritage are transferred from administrative commissions to bodies in charge of protection of cultural heritage.
FOR (-) No. 2037: Compliance with international obligations on protection, preservation, promotion of cultural heritage and its transfer to future generations; prevention of violations in this sphere.
AGAINST (-) No. 2037: Absence of a body that will draw up the protocol on administrative liability; the creation of a new department/body for the protection of cultural heritage will require considerable spending of time and money; the level of the administrative punishment established by the Draft Law is incommensurable with the level of criminal punishment provided for by Article 298 of the Criminal Code and violates the principle of conformity of the social harm of a violation to the extent of administrative punishment; higher level of sanctions, as a rule, does not lead to a decrease in the number of violations of law.
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30. Draft Law No. 3474 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATTIVE ACTS OF UKRAINE TO CANCEL THE MARKING OF COPIES OF AUDIOVISUAL PRODUCTS, PHONOGRAMS, VIDEOGRAMS, COMPUTER SOFTWARE, DATABASES WITH CONTROL MARKS” – the bill cancels the ineffective system of marking copies of audiovisual products, phonograms, videograms, computer software, databases with control marks, declaring the Law of Ukraine “On Distribution of Copies of Audiovisual Products, Phonograms, Videograms, Computer Software, Databases” no longer valid; removes from the Code of Ukraine on Administrative Offenses Article 164-9 “Illegal Distribution of Copies of Audiovisual Products, Phonograms, Videograms, Computer Software, Databases,” and from the Criminal Code, Article 216 “Illegal Production, Forging, Use or Sale of Illegally Produced, Received of Forged Control Marks.”
FOR (-) No. 3474: Laser discs are already hardly ever used for distributing copies of audiovisual products and computer software and so there is no need for respective control for possible prosecution.
AGAINST (-) No. 3474: The problem of forging / illegal copying of audiovisual products is not resolved; insufficient justification for the necessity for canceling the respective provisions of the legislation; no synchronization of the consideration of Draft Law No. 3474 with Draft Law No. 2812 “On Amending the Budget Code of Ukraine, which excludes payment for receiving control marks from the State Budget revenues.
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31. Draft Law No. 2063 (S. Cherniavskyi) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO ENSURE ACCESS OF A DEFENSE CONSEL TO A PERSON ENTITLED TO LEGAL DEFENSE” – the bill obliges the administration of a penitentiary institution to inform in writing, within 24 hours, the lawyer of a convict of each change in the terms of the convict’s imprisonment; the bill provides that a person in custody is entitled to meetings with his/her defense counsel that must not be limited in time or number, on any days from 7 to 20 hours; also, it provides for the responsibility of the head of the penitentiary institution’s administration for the placement of the convicts who have been brought to the institution, for ensuring that they exercise their right to receive visitors; the bill specifies that the number of close relatives who have the right to visit a convict is unlimited; notification of the refusal to grant permission for a visit must be justified and can be appealed in court; notification of the refusal to grant permission for the visit must be sent to the close relatives that requested the visit and be served on the convict immediately after its issuance; the bill establishes that convicts staying at in-patient hospitals have the right to legal assistance, confidential legal advice; in such cases, the duty to guard the convicts lies with the central executive body in charge of implementing state policy in the sphere of criminal punishment.
FOR (+) No. 2063: The convicts/detainees are guaranteed the right to legal assistance and confidential legal advice from a defense counsel, representative, advocate, lawyer, or legal expert; notification of the lawyer and the close relatives about change of the place of stay and/or the legal status of a person in custody.
AGAINST (-) No. 2063: There are no provisions regarding the responsibility of a lawyer or representative in case a person in custody requests a meeting but the lawyer or representative fails to come.
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32. Draft Law 3911 (1st reading, the Committee recommends to adopt as a basis) ON AMENDMENTS TO ARTICLE 259 OF THE CRIMINAL CODE OF UA CONCERNING STRENGTHENING LIABILITY FOR A KNOWLY FALSE REPORT ABOUT THE THREAT TO THE SECURITY OF CITIZENS – punishes “jokers about mining” not only with “imprisonment” for a term of 2 to 6 years, but also with confiscation of property, if the objects of false information are critical infrastructure or which provide the activities of public authorities or health care / educational facilities or in the event of serious consequences or recurrence of such crimes.
FOR (+) 3911: reducing the number of knowingly false reports about the threat to public safety; increase in state budget revenues due to the use of confiscation of property of criminals.
AGAINST (-) 3911: the strengthening of sanctions usually does not lead to a reduction in crimes, which is confirmed by the practice of strengthening sanctions for the same crimes in 2012 and maintaining the trend of increasing the number of these crimes; the use of confiscation in the absence of a focus on the criminal's own enrichment is contrary to the principles of confiscation; failure to resolve the issue of receiving such false messages from the territory of other states, or using the Internet; UA does not have an obligation to identify SIM card holders, which would be a more effective measure to reduce this type of crime.
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33. Draft Law No. 2390 (Y. Kamelchuk) (second reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING THE CODE OF UKRAINE ON BANKRUPTCY PROCEDURES (REGARDING MEASURES AIMED AT REPAYMENT OF DEBTS ARISING ON THE WHOLESALE ELECTRICITY MARKET)” – the bill proposes that an economic court should refuse to initiate proceedings or should terminate proceedings if the debtor is a wholesale supplier of electricity; the moratorium will not apply to satisfaction of creditors’ claims during the period of the debt repayment procedure on conditions specified by the Law of Ukraine “On Measures Aimed at Repayment of Debts Arising on the Wholesale Electricity Market”; the bill establishes the specifics of repayment of debts arising on the wholesale electricity market.
FOR (+) No. 2390: Protecting wholesale suppliers of electricity from bankruptcy; gradual repayment of debts on the energy market.
AGAINST (–) No. 2390: Suspension of collection of debts from wholesale electricity suppliers using a method known in the whole world – through bankruptcy – violates the rights of all creditors, including individuals and public legal entities, and violates the provisions of the Constitution regarding equality before law of all holders of the ownership right; the existence of this ban on debt collection will complicate the economic activities of the wholesale electricity suppliers themselves, as no bank or credit institution will wish to deal with such entity.
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34. Draft Law No. 2694 (O. Bakumov) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE ON USE OF LIGHT-REFLECTING ELEMENTS BY PEDESTRIANS” – the bill proposes making it incumbent on pedestrians to use light-reflecting elements (tape, vest, sticker) at nighttime or in conditions of insufficient visibility and establishing a fine of 51 UAH for non-compliance with this rule.
FOR (+) No. 2694: Decrease in the incidence of road accidents with fatalities and injured pedestrians in the dark season of the year; fewer road traffic accidents involving pedestrians.
AGAINST (–) No. 2694: Additional expenses for pedestrians, who will have to buy light-reflecting elements; difficulties regarding imposition of sanctions on pedestrians.
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35. Draft Law No. 2696 (O. Bakumov) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE ON USE OF LIGHT-REFLECTING ELEMENTS BY ROAD TRAFFIC PARTICIPANTS” – the bill proposes making it incumbent on road traffic participants to use light-reflecting elements at nighttime or in conditions of insufficient visibility, and also obliging officials in charge of construction (reconstruction/repair/use) of automobile roads to provide their employees with light-reflecting elements and introducing a fine of 510 UAH for violating these rules; the fine for failure to use safety belts or crash helmets will be increased from 51 to 510 UAH.
FOR (+) No. 2696: Decrease in the incidence of road accidents involving drivers and passengers; strengthened liability of road traffic participants for committing offenses.
AGAINST (–) No. 2696: The Draft Law only amends Article 19 of the Law of Ukraine on Road Traffic, although comprehensive regulation of this issue requires amending Article 14 as well.
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36. Draft Law No. 2697 (O. Bakumov) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING ARTICLE 127 OF THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES TO STRENGTHEN PEDESTRIANS’ LIABILITY FOR VIOLATING TRAFFIC RULES” – fines for violation of traffic rules by pedestrians are increased: for failure by pedestrians to obey traffic signals, for pedestrians’ illegal street crossing or road crossing directly in front of approaching vehicles, from 0 – 51 to 255 UAH; if committed under the influence of alcohol, from 136 to 510 UAH; if this led to an accident threat, from 170 to 680 UAH.
FOR (+) No. 2697: Decrease in the incidence of road accidents with fatalities and injured pedestrians; fewer road traffic accidents involving pedestrians; influencing pedestrians’ conscience regarding their impact on road traffic safety and their real liability for possible accidents.
AGAINST (–) No. 2697: In practice, it is hard to punish pedestrians (no ID documents; impossibility to detain the offender for identification; numerous violations).
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37. Draft Law No. 3901 (Cabinet of Ministers) (second reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING THE LAW OF UKRAINE ‘ON AUTOMOBILE ROADS’” – a technical bill; in the text, references to Laws that are no longer valid are replaced with references to Laws that are currently in force; also, reference to the Law “On Local State Administrations” is added in connection with road management.
FOR (+) No. 3901: Elimination of technical faults in the current legislation.
AGAINST (–) No. 3901: Waste of limited plenary time on minor bills; no systematic approach to changes
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38. Draft Laws Nos. 4167 (Y. Tymoshenko), 4167-1 (O. Marusiak) (first reading; the Committee recommends adoption as a whole) “ON PREVENTING, DECREASING, AND CONTROLLING INDUSTRIAL POLLUTION” – the bill establishes the legal and organizational principles for preventing, controlling and eliminating pollution resulting from industrial activities, so as to ensure a high level of environmental protection by introducing the integrated permit, identifying types of activities requiring an integrated permit, requirements regarding the use of the best accessible technologies and management methods, monitoring of emissions, and supervision of economic subjects.
FOR (+) No. 4167: Bringing the legislation in compliance with Directive 2010/75/EU and implementation of Ukraine’s obligations under the EU-Ukraine Association Agreement; reduction of industrial pollution and related morbidity; the possibility of combining several environmental permits into one – integrated on the basis of creating a relevant Register of Industrial Enterprises receiving such permit; modernization of energy companies and replacement of their obsolete equipment.
AGAINST (-) No. 4167: Insufficient adaptation period for the introduction of a new permit system and the likelihood of negative consequences for the country’s economy; the vagueness of the evaluation criteria and of the grounds for suspension of the permit, empowering the permitting body to suspend or revoke the integrated permit without a court decision may create preconditions for corruption.
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39. Draft Law No. 3711-д (repeat first reading; the Committee recommends that No. 3711-д be adopted in first reading) “ON AMENDING THE LAW OF UKRAINE ‘ON THE JUDICIARY AND THE STATUS OF JUDGES’ AND CERTAIN LAWS OF UKRAINE ON THE ACTIVITIES OF THE SUPREME COURT OF UKRAINE AND JUDICIAL SELF-GOVERNMENT BODIES” – the number of judges will be determined by the High Council of Justice: in a court – with due regard for the opinion of the SJA; in the Supreme Court, for the opinion of the Plenum of the Supreme Court, but no more than 200; the HQCJ will be deemed competent if at least 11 of its 16 members were appointed based on the results of a competition with 2 stages of testing: (1) for integrity – the test will be conducted by the Competition Commission on Integrity which will act on the basis of its Regulations, to be approved by the HCJ (the candidates to the Commission will be proposed by the Council of Judges – 3 members will be chosen from among judges and retired judges + 3 persons from the community of international judges with whom Ukraine cooperates under international agreements in the sphere of preventing and combating corruption; all will work on a voluntary basis, but their salary at the main workplace will be retained, while the international judges’ accommodation and travel costs will be reimbursed from the budget; (2) for competence – the test will be conducted by the HCJ. The Commission on Integrity will propose 2 candidates for one position of a HQCJ member by at least 4 votes (that is, the international judges will actually have the power of veto); as to candidates supported by the votes of at least 4 members of the Competition Commission, the HCJ will perform further selection based on professional competence criteria.
FOR (+) No. 3711: The possibility to form the HQCJ and launch the process of selection, qualifications assessment and appointment of judges – at present, there are about 2,000 vacancies of judges; granting the Ukrainians the right to court protection.
AGAINST (–) No. 3711: Questions as to the integrity of the current HCJ members; the possibility of abuse of power on their part in the process of appointment of HQCJ members; the frequency of reviewing the number of judges in courts is not specified; the timeframes for the restructuring of the SCU through accession to the SC and for the transfer of SCU judges to membership in the SC are not determined; there is no answer to the question which of the current judges should remain and which should be dismissed in case the total number of judges is decreased.
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40. Draft Laws Nos. 4335 (I. Friz), 4335-1 (A. Sharaskin) (first reading; the Committee recommends that No. 4335 be adopted as a basis) “ON CIRCULATION OF CIVILIAN FOREARMS AND RELATED AMMUNITION” – the bill regulates the issues of manufacture, acquisition, possession, alienation, carrying, transportation, repair, and use of EXCLUSIVELY civilian firearms and related ammunition (hereinafter, civilian firearms), with indication of category of arms: A – automatic firearms; B – smooth-bore short-barreled firearms; C – short- barreled firearms; D – smooth-bore long-barreled firearms; and E – rifled-bore long-barreled and combined firearms. The requirements for the owners of the firearms are as follows: citizenship of Ukraine; absence of medical contraindications and of criminal record and cases of administrative persecution within the past year; mandatory civil liability insurance policy for possible damage to a third party. There will be mandatory courses to study the technical components of the firearms, the rules of handling and using the weapon. Short-barreled firearms can only be acquired by citizens who have attained the age of 28, provided that they have a 5-year experience of handling other types of firearms. Possession of the registration certificate for the weapon is a must.
FOR (+) No. 4335: On the legislative level, resolution of the issue of acquisition and possession of civilian weapons by citizens; establishment of technical requirements for civilian weapons; withdrawal of civilian weapons from illegal circulation; establishment of liability for violating the legislation on the circulation of civilian weapons; the prohibition of carrying short-barreled firearms (revolvers and pistols) will remain.
AGAINST (-) No. 4335: The bill does not involve the regulation of circulation of bows, crossbows, bow arrows, cold arms and products structurally similar to cold arms, and air guns; the bill proposes lifting the obligation of security personnel to provide first premedical aid to victims in case damage has been caused to their health; it only provides for “certain categories of citizens” who will be allowed to carry “traumatic” weapons; creates grounds for awarding short-barreled weapons to any persons, even in the absence of any justification, which undermines the value of weapons as a military award.
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41. Draft Laws Nos. 4336 (I. Friz), 4336-1 (A. Sharaskin) (first reading; the Committee recommends that No. 4336 be adopted as a basis) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES AND THE CRIMINAL CODE OF UKRAINE TO IMPLEMENT THE PROVISIONS OF THE LAW OF UKRAINE ON CIRCULATION OF CIVILIAN FOREARMS AND RELATED AMMUNITION’” – administrative and criminal liability is strengthened: the amounts of fines are increased (from 170 to 85,000 UAH); and in the event of a criminal offense, the punishment may be deprivation of liberty for a term of 5 to 10 years; the bill defines more precisely the limits of justifiable defense.
FOR (+) No. 4336: Increased State Budget revenues and expenses.
AGAINST (-) No. 4336: The strengthening of liability does not guarantee that punishment will be inevitable; the provisions of certain Articles of the Code of Ukraine on Administrative Offenses and the Criminal Code are vague, which may lead to conflicts when the provisions are applied in practice.
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42. Draft Law No. 4212 (Y. Riepina) (first reading; the Committee proposes that the bill be adopted as a basis) – “ON AMENDING ARTICLE 22 OF THE LAW OF UKRAINE ‘ON ADVERTISING’ REGARDING ADVERTISING FOR ELECTRONIC CIGARETTES AND LIQUIDS USED IN ELECTRONIC CIGARETTES” – the bill prohibits advertising for electronic cigarettes and liquids used in electronic cigarettes.
FOR (+) No. 4212: Decreased consumption of electronic cigarettes and liquids used in electronic cigarettes – this will bring about a reduction of damage to the health of the population.
AGAINST (-) No. 4212: No liability for violating the prohibition of advertising for electronic cigarettes and liquids used in them.
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43. Draft Law No. 4034 (Y. Tymoshenko) (first reading; the Committee proposes
that the bill be adopted as a basis) – “ON AMENDING ARTICLES 118 AND 121 OF
THE CODE OF CIVIL PROTECTION TO INCREASE THE SIZES OF THE FINANCIAL AID PAID
TO THE JUNIOR OR SENIOR STAFF OF THE CIVIL PROTECTION SERVICE” – the size of
one-time financial aid in the event of a lethal accident to (death of) a civil
protection staffer will amount to one hundred times the actual (previously,
“legally established”) minimum subsistence level for able-bodied persons at
the time of payment of the aid. That is, in the authors’ opinion, the amount
of aid will be increased from 227,000 UAH to 512,500 UAH. The size of the
burial and funeral services in the event of a lethal accident to (death of) a
civil protection staffer/
officer will be established at 20 times the actual minimum subsistence level
for able-bodied persons on the day of death – in the authors’ opinion, this
will amount to 102,500 UAH (in the respective Law, the minimum subsistence
level is 45,400 UAH), while the size currently established by the Government
is 5 times the minimum subsistence level – this equals 11,350 UAH.
FOR (+) No. 4034: Increased level of social protection of junior and senior staffers/officers of the Civil Protection Service dying in the course of their duty as well as their families.
AGAINST (-) No. 4034: No clear definition in the legislation of the term “ACTUAL minimum subsistence level”; additional spending from the budget.
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44. Draft Laws Nos. 4358 (L. Bulakh), 4358-1 (M. Zablotskyi), 4358-2 (I. Shynkarenko), and 4358-3 (V. Halaichuk) (first reading; the Committee recommends that No. 4358 be referred to repeat first reading) “ON AMENDING CERTAIN LAWS OF UKRAINE REGARDING PROTECTION OF THE HEALTH OF THE POPULATION AGAINST THE HARMFUL EFFECT OF TOBACCO” – No. 4358 prohibits advertising, sponsoring and sale of electronic cigarettes / heated tobacco products / electronic devices for smoking iQOS to persons under 21 years of age, as well as tobacco and its substitutes in the Internet; introduces medical warnings on the packs of electronic cigarettes, liquids, and cigarettes for heating; requires that the size of the medical warnings on the packs be increased from 50% to 65% of the total area, that photos and pictures revealing the consequences of smoking be placed on both sides of the packs, and provides for their annual rotation, to be conducted by the Ministry of Health; empowers local self-government bodies to determine additional smoke-free places; introduces the procedure of manufacturers’ reporting on the ingredients and emissions of their tobacco products.
FOR (+) No. 4358: Decreased attractiveness of tobacco products and lower level of tobacco addiction in society; protection against the influence of secondary tobacco smoke, emissions from electronic cigarettes and aerosol of tobacco products for heating in public spaces.
AGAINST (-) No. 4358: The bill may lead to increased volumes of illegal trade in tobacco products and decreased tax revenues of budgets.
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45. Draft Law No. 4298 (V. Bezghin) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON LOCAL STATE ADMINISTRATIONS’ AND SOME OTHER LEGISLATIVE ACTS OF UKRAINE TO REFORM THE TERRITORIAL ORGANIZATION OF THE EXECUTIVE BRANCH IN UKRAINE” – a new version of the Law “On Local State Administrations”; creation of preconditions for the functioning of LSAs of a prefectoral type before relevant amendments regarding decentralization of power are made to the Constitution; bringing the legislation on LSAs in compliance with the administrative reform that was implemented in Ukraine.
FOR (+) No. 4298: Granting the status of public servants to LSA heads; the restricting provision that such a position can be held for no more than 3 years within the same rayon, with the possibility of subsequent rotation to another administrative-territorial unit, will decrease corruption; formation of a pool of candidates will contribute to effective management.
AGAINST (-) No. 4298: Considerable expansion of the discretionary powers of a local state administration may be conducive to irregularities; introduction of a mechanism for suspension and/or termination of acts of local self-government is at odds with the Constitution
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46. Draft Law No. 4254 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a basis) “ON PUBLIC CONSULTATIONS” – the bill specifies the main principles for holding public consultations during the formation and implementation of state and regional policy, resolution of local level issues; proposes regulating the rights and obligations of subjects of authority and stakeholders in legal relations involving public consultations, the specifics of holding electronic consultations; a unified online platform will be in place for submission of proposals, preparation of reports on consultations, conduct of monitoring.
FOR (+) No. 4254: The bill will contribute to engaging citizens and other stakeholders in decision-making for balancing public and private interests; enhance the influence of citizens on decision-making; provide opportunities for assessing the needs of various stakeholders, for receiving interesting proposals, ideas; it will contribute to the implementation of the EU-Ukraine Association Agreement.
AGAINST (-) No. 4254: The bill does not contain a complete mechanism of legal regulation regarding subsequent use of the results of public consultations; it provides no safeguards against manipulating such a mechanism; public consultations on MPs’ bills will be mandatory, but this provision fails to take into account the specifics of the legislative procedure, which will not allow implementing any proposals from the public; at the same time, consultations will not be mandatory for drafts from the Cabinet of Ministers or the President, which destroys the equality of participants in the legislative process; no consultations will be held on issues related to emerging threats to the life, health, liberty, or security of people or on individual decisions of the Ministry of Internal Affairs, but no clear criteria are established in this regard; engaging foreigners and stateless persons is at odds with Article 38 of the Constitution; the bill creates conflicts in legislation.
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47. Draft Law No. 4066 (O. Fediyenko) (first reading; the Committee proposes that the bill be adopted as a basis) “ON THE NATIONAL COMMISSION FOR STATE REGULATION OF ELECTRONIC COMMUNICATIONS, RADIOFREQUENCY SPECTRUM AND PROVISION OF POSTAL SERVICES OF UKRAINE” – the National Commission for State Regulation of Electronic Communications, Radiofrequency Spectrum and Provision of Postal Services of Ukraine (below, the Regulator) is to become the successor to the National Commission for State Regulation of Communications and Informatization – as a permanent central executive body with special status to be created by the CMU. The bill establishes the specifics of organizing the activities of the Regulator, its functions and powers, the procedure for preparation of acts of the Regulator, the specifics of performing oversight in the markets of electronic communications, radiofrequency spectrum and postal services; an exhaustive list of conditions under which a citizen may not be appointed a member of the Regulator is specified.
FOR (+) No. 4066: Continuation of the comprehensive reform of the national legislation in execution of the obligations of Ukraine as a Party to the Association Agreement and participant in the EU foreign policy initiative “Eastern Partnership”; access to online markets and e-services of EU countries; simplification of legal and administrative barriers; participation in harmonized rules for free cross-border provision of online services and content, online payments, simplification of the procedure for digital contracts, licensing; development of electronic communications and postal services in Ukraine; better preconditions for Ukraine’s entry into the Single European Digital Market.
AGAINST (-) No. 4066: Creation of a new body based on the NCSRCI and its allocations from the State Budget; the bill was to have been considered simultaneously with the bill “On Electronic Communications,” which has already become a Law.
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48. Draft Law 2051-1 (2nd reading, the Committee recommends returning to the second reading) ON LIMITATION OF THE CIRCULATION OF PLASTIC PACKAGES ON THE TERRITORY OF UA – to minimize the circulation of plastic bags and stimulate the production of biodegradable plastic bags prohibits from January 1, 2022 the circulation of oxo-folding bags in retail outlets and restaurants, as well as the free distribution of such packages; assigns the function of recycling plastic bags to businesses that distribute such bags.
(+): prevention of environmental pollution, as one Ukrainian consumes about 500 packages per year, while in Europe it is 85-90 packages per year; entrusting the disposal of plastic bags to the business entity will encourage entrepreneurs to abandon the use of such packages.
(-): increase in costs for entrepreneurs and consumers, because the cost of a biodegradable package is greater than a plastic one; possible negative socio- economic effect; exceptional situation when the Committee itself proposes to return for a second reading, which irrationally spends the time of the plenary work of the Verkhovna Rada.
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49. Draft Law No. 1013 (President) (the Committee proposes that the bill be adopted as a whole, 300+ votes are required) “ON AMENDING THE CONSTITUTION OF UKRAINE (TO ABOLISH THE MONOPOLY OF THE BAR)” – the bill removes the provision of the current Constitution according to which (1) only a lawyer can represent someone else in court; (2) the law can specify exceptions regarding representation in court in labor disputes, disputes related to protection of social rights, elections and referendums, in minor disputes, as well as regarding representation of minors and underage persons and persons who have been declared legally incompetent by a court or whose legal competence is limited. In fact, the proposal is to get back to the 2016 situation when any persons, regardless of education, profession, and qualification, were allowed to represent someone else in courts of any instance (except in criminal proceedings).
FOR (+) No. 1013: Ensuring the right of everyone to receive professional legal assistance without the monopoly of the bar; reduction of budget spending on lawyers’ services.
AGAINST (–) No. 1013: The risk of an increase in the number of cases of provision of services of inadequate quality; the possibility for persons with no juridical education to practice law in courts; non-lawyers bear no responsibility for their actions, they are not obliged to observe the attorney-client privilege.
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50. Draft Law No. 1028 (President) (the Committee proposes that the bill be adopted as a whole, 300+ votes are required) “ON AMENDING ARTICLE 85 OF THE CONSTITUTION OF UKRAINE (REGARDING CONSULTATIVE, ADVISORY AND OTHER AUXILIARY BODIES OF THE VERKHOVNA RADA OF UKRAINE)” – the bill empowers the VRU to create consultative, advisory and other auxiliary bodies, but only within the limits of the funds allocated in the State Budget for the exercise of the parliament’s powers.
FOR (+) No. 1028: Increased efficiency of the parliament’s organization and activities; Verkhovna Rada Commissioners may be instituted in various areas of social life.
AGAINST (–) No. 1028: The accumulation of newly created auxiliary bodies may lead to artificial increase in the scope of work and duplication of activities; in the long run, this is likely to bring about increased spending on the functioning of the additional bodies.
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51. Draft Law 3607 (D. Kysylevskii) (first reading, the Committee proposed that the bill be adopted as a basis) ON THE ESTABLISHMENT OF A BUSINESS OMBUDSMAN IN UKRAINE - the establishment of the Business Ombudsman Institution as a non-governmental non-profit organization that will help protect businesses that have violated their rights. The institution will be removed from the supervisory board (formed by the Government, as well as the EBRD, OECD, business representatives), the business ombudsman and 2 deputies (to be elected by the supervisory board for 4 years), the secretariat, and territorial offices of the institution.
ZA (+) 3607: expanding the powers of the business ombudsman for pre-trial protection of business entities that have been affected by unfair conduct; strengthening the realization of the rights to freedom of entrepreneurial activity; protection of entrepreneurs from raiding, including by state institutions; lack of budget expenditures for the operation of the Institution.
AGAINST (-) 3607: possible interference of the Institution in the work of state bodies, as the bill establishes the obligation for public entities, their officials and officials to cooperate with the Institution, to ensure the Institution's participation in the procedure of administrative appeal against decisions of subjects of power access to information or information containing confidential and official information; for non-compliance with these requirements, administrative liability is provided; a special procedure for criminal proceedings against the Business Ombudsman and his deputies at the same level as people's deputies - the suspicion may be handed over by the Prosecutor General or his deputy; potential external influence on the activities of the Institution; the absence in the Constitution of the powers of the parliament to create a non-governmental non-profit organization by law, to approve its composition, structure and empowerment.
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52. Draft Law No. 3062 (V. Nekliudov) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON THE PUBLIC PROSECUTOR’S OFFICE’ TO INCREASE THE EFFECTIVENESS OF THE ACTIVITIES OF THE PUBLIC PROSECUTION BODIES” – the Prosecutor General will be empowered to assign class ranks to employees of public prosecution bodies, to submit to the President proposals regarding assignment of the class rank of State Counsellor of Justice; the size of the rank bonus is to be approved by the Government; also, a pension bonus is provided for; the range of requirements for candidates seeking the office of public prosecutor is expanded (the length of service/internship in a public prosecution body will now be taken into account); in case of dismissal of a public prosecutor, including from an administrative post, the ex-prosecutor may under certain circumstances be deprived of his/her class rank; requirements regarding the form and content of a disciplinary complaint against a public prosecutor’s offense is regulated; employees of public prosecution bodies possessing class ranks will be provided with free uniforms.
FOR (+) No. 3062: Providing incentives for effective work of public prosecutors and stimulating their aspiration for career growth.
AGAINST (–) No. 3062: Additional funding from the State Budget; requirements regarding the length of service in the sphere of public prosecution should be specified in greater detail (so as not to take into account e.g. performance of service functions).
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53. Draft Law No. 4265 (O. Bakumov) (first reading; the Committee recommends that the bill be adopted as a basis) “ON STATE REGISTRATION OF AN INDIVIDUAL’S GENOMIC INFORMATION” – the bill determines the legal principles for the creation and functioning of record-keeping of genomic information of people in Ukraine; regulates the processes of its selection, processing, state registration, use, storage, including in electronic form, establishing the Ministry of Internal Affairs as the database holder. The category of cases registration of genomic information is mandatory is as follows: persons prosecuted for intentional crimes against the life, health, sexual freedom, or sexual integrity of an individual; unidentified corpses; missing persons; close relatives of missing persons (in case of their voluntary consent).
FOR (+) No. 4265: Faster identification and detection of persons who committed criminal offenses and more efficient search for missing people; identification of unidentified persons; improved performance of law enforcement agencies in preventing, detecting, uncovering, investigating crimes and avoiding criminal offenses.
AGAINST (–) No. 4265: The use and storage of genomic information as personal data is at odds with the 1998 Information Protection Act and the Data Protection Convention; the requirement that army volunteers and conscripts pay for the test themselves.
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54. Draft Laws 2713 (M. Zablockii), 2713-1 (D. Natalukha), 2713-2 (O. Dubinskii), 2713-3 (A. Dubnov) and 2713-d (O. Marusyak) (first reading, the Committee proposes that the bill be adopted as a basis 2713-e) ON AMENDMENTS TO THE TAX CODE OF UKRAINE REGARDING TAXATION OF INCOME FROM THE ORGANIZATION AND CONDUCT OF GAMES Internet and poker games on the Internet in the amount of 10%, for the organization and conduct of gambling in casinos and slot machine halls - 12.5%, for bookmaking - 5%, the issuance and conduct of lotteries - 10%. Income tax will also be paid at a general rate of 18%. Winnings in gambling and lotteries will be exempt from personal income tax and military duty.
FOR (+) 2713d: positive impact on the revenue side of budgets by removing from the shadows and legalizing the work of gambling in Ukraine; creating favorable conditions for the payment of taxes through the use of the incentive role of taxation.
AGAINST (-) 2713d: violates the principle of equality of taxpayers; provides more favorable conditions for the taxation of lotteries compared to other activities; creates the preconditions for tax evasion.
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55. Draft Law No. 4135 (Cabinet of Ministers) (second reading; the Committee proposes that the bill be adopted as a whole; the preparation of documents for the second reading is underway and the documents are unavailable on the website) “ON THE PRINCIPLES OF STATE ANTI-CORRUPTION POLICY FOR 2020-2024” – the bill not merely approves the Anti-Corruption Strategy for 2020-2024, but also amends the Law “On Preventing Corruption” to increase the effectiveness of the monitoring mechanisms and coordination of the implementation of the state anti-corruption policy; defines more precisely the powers of the NACP; establishes an information system providing for open data on the state of implementation of the state anti-corruption policy, on the measures to prevent and combat corruption.
FOR (+) No. 4135: Optimization of the functions of state bodies and elimination of duplication in their work; implementation of digital transformation and ensuring data openness, convenient and legal services, the population’s intolerance of corruption, and inevitability of punishment.
AGAINST (–) No. 4135: The text of the strategy itself does not contain any specific legislative provisions on the implementation of the anti-corruption policy of the state.
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56. Draft Law No. 2325 (M. Bardina) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING ARTICLE 73 OF THE CODE OF LABOR LAWS OF UKRAINE” – the name of the state holiday “Day of Defenders of Ukraine” will be substituted for by (literally) “Day of Male and Female Defenders of Ukraine.”
FOR (+) No. 2325: The bill will contribute to paying appropriate tribute to women and men defending the independence and territorial integrity of Ukraine.
AGAINST (–) No. 2325: Spending valuable parliamentary time on very insignificant legislative changes.
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57. Draft Law No. 2459 (O. Dubinskyi) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING section X ‘final and transitional provisions’ of the law of ukraine ‘on the system of guaranteeing DEPOSITS OF INDIVIDUALS” TO FACILITATE THE FULFILLMENT BY THE NATIONAL BANK OF UKRAINE OF ITS FUNCTIONS FOR PROTECTING THE INTERESTS OF DEPOSITORS AND CREDITORS OF INSOLVENT BANKS” – the bill establishes a special procedure for satisfying the demands of the NBU regarding the granted refinancing loans for a specific category of insolvent banks; assigns the demands of the NBU as a secured creditor in refinancing loan agreements with insolvent banks to fifth priority creditors.
FOR (+) No. 2459: The fulfillment by the National Bank of functions for protecting the interests of depositors and creditors of insolvent banks; ensuring the constitutional rights of citizens; taking prompt measures to minimize the possible losses of citizens in fulfilling their credit obligations to insolvent banks; restoration of confidence in the National Bank, banks and other financial institutions.
AGAINST (–) No. 2459: No level playing field for satisfying the demands of the creditors of insolvent banks; dependence of compliance with the norms of the law on the adoption by the National Bank and the Deposit Guarantee Fund of necessary bylaws.
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