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Analysis of the Agenda of the Plenary Session of the Verkhovna Rada Due to Take Place on Friday, January 29, 2021, from 10:00 to 14:00 (a total of 62 items, but there will be just 1.5 hours for consideration of the drafts, because from 10:00 to 11:00 the Government Question Hour will take place, there will be a break from 12:00 to 12:30, and the period from 13:00 to 14:00 is for inquiries and miscellaneous matters):
1. Hour of Questions to the Government about the state and problems of implementation of the Law of Ukraine "On Social Services".
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2. Draft Law No. 4090 (D. Hetmantsev) (first reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING THE FINAL AND TRANSITIONAL PROVISIONS OF THE LAW OF UKRAINE ‘ON AMENDING THE TAX CODE OF UKRAINE TO IMPROVE THE INVESTMENT CLIMATE IN UKRAINE’ REGARDING THE TIMING OF COMING INTO FORCE OF CERTAIN PROVISIONS” – the bill changes the date of coming into force of certain provisions of the Tax Code of Ukraine regarding the activities of tax militia bodies by bringing the date of liquidation of the militia in compliance with the date when the Bureau of Economic Security begins to operate. The BES is to begin its operation from the day the Cabinet of Ministers adopts the respective decision, but no later than 6 months after the coming into force of the Law of Ukraine “On the Bureau of Economic Security of Ukraine.”
FOR (+) No. 4090: Ongoing oversight of the implementation of the tax legislation is maintained; until the creation of the BES of Ukraine, tax militia will continue to combat violations.
AGAINST (-) No. 4090: Termination of the operation of tax militia bodies is made dependent on the date of the coming into force of the Law of Ukraine “On the Bureau of Economic Security of Ukraine”; additional spending from the State Budget on the creation of the BES of Ukraine and on liquidation of the tax militia.
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3. Draft Resolution No. 4559 (S. Babak) “ON AWARDS OF THE VERKHOVNA RADA OF UKRAINE FOR BEST PARTICIPANTS IN THE EXTERNAL INDEPENDENT EVALUATION OF LEARNING OUTCOMES BASED ON COMPLETE GENERAL SECONDARY EDUCATION” – the draft proposes that 30 VRU Awards be established for schoolchildren achieving the best results in the External Independent Evaluation. The amount of each Award will be 100,000 UAH.
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4. Draft Law No. 4613 (M. Radutskyi) (the Committee proposes that the bill be adopted as a whole, with consideration for the Committee’s Opinion) – “ON AMENDING THE LAW OF UKRAINE ‘ON MEDICATIONS’ REGARDING STATE REGISTRATION OF MEDICATIONS UNDER COMMITMENTS” – the bill provides that in emergency situations (spread of pathogen agents, toxins, chemical substances or radiation, during epidemics and pandemics) state registration of medications can be conducted in accordance with a new pattern – “under commitments,” in line with a procedure prescribed by the Government. In such case, the Ministry of Health will adopt the decision on state registration of a medication only if the following conditions are met: (1) for objective reasons, full information on the effectiveness and safety of the medication in question is unavailable, but there is information on successful preclinical trials and certain phases of clinical trials with scientifically justified evidence; (2) permission to urgently use the medication was given by a competent authority in the United States, Great Britain, Switzerland, Japan, Australia, Canada, China, India, at least one EU country, or if the medication was prequalified by the WHO; (3) the known and potential benefit of the medication outweighs its potential risks.
FOR (+) No. 4613: The bill will provide for the possibility to start vaccination against COVID-19 in the absence of the currently legally required registration dossier and completed stages 3 and 4 of clinical trials of vaccines used in developed countries; also, it will create a mechanism similar to EU legislation for the registration of medications “under obligations.”
AGAINST (-) No. 4613: The bill obliges the applicants (i.e. for example the vaccine manufacturer) to do something that is in fact not binding; there is no liability of the applicants for failure to fulfill their commitments; the possibility to extend the period of fulfillment of obligations is provided for – and this will be a factor discouraging them from fulfilling their obligations in a timely manner; decisions on extending such deadlines will be made by officials who also assess the effectiveness of preliminary fulfillment, which may lead to corruption risks; the Committee intends to remove the following condition for state registration: "there is no adequate, approved and accessible alternative to the medication in question.”
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5. Draft Law No. 3822 (I. Kopytin) (first reading; the Committee proposes that the bill be adopted as a basis) “ON THE SPECIFICS OFREFORMING STATE-OWNED ENTERPRISES OF THE MILITARY-INDUSTRIAL COMPLEX” – as a matter of fact, this is a Draft Law on corporatization of Ukroboronprom; it determines the specifics of transformation of the Ukroboronprom Concern into a joint-stock company; and of the state-run unitary enterprises, including public enterprises that are constituents of the Concern, into business partnerships; also, the specifics of the management and disposal of their property, as well as the introduction of a corporate model of management of state-owned objects within the MIC. The stages of the transformation will include: transformation of the Concern into a JSC (100% of its shares owned by the State, represented by the Cabinet of Ministers of Ukraine); creation of sectoral business associations (SBAs) in the form of JSCs, as well as creation of business partnerships on the basis of subsidiary enterprises of the Concern – the SBAs will be managed by the JSC.
FOR (+) No. 3822: Structural adjustment and support for the development of the institutional capacity of the MIC; strengthening the technical support for the national MIC.
AGAINST (-) No. 3822: The provision on “non-application” of certain provisions of civil and economic legislation in the transformation process and the operations; lack of proper control over the reforming of state-owned enterprises of the MIC and over the targeted use of the share of unpaid profit which should be allocated for purposes of financial recovery/innovation; the possibility of forming the authorized capital of the JSC from budgetary funds; the maximum amount of remuneration that can be paid to the members of the Supervisory Board of the JSC is not specified.
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6. Draft Laws Nos. 3009а (S. Ionushas), 3009а-1 (M. Pavliuk), 3009а-2 (H. Mamka) (first reading; the Committee proposes that No. 3009а be adopted as a basis) “ON AMENDING THE CRIMINAL PROCEDURAL CODE OF UKRAINE TO ENSURE THE PERFORMANCE OF THE FUNCTIONS OF THE PROSECUTOR’S OFFICE” – Draft Law No. 3009а introduces new terms to the Criminal Procedural Code; expands the powers of the public prosecutor; provides for mandatory presence of a public prosecutor in court during consideration of petition for cancellation of property arrest, except for cases of written proceedings; cancels the obligation to terminate proceedings in situations when no person was notified of suspicion of committing a grave / particularly grave crime against the life and health of a person in case of expiry of the investigation deadline; provides for a 10-fold increase in the amount of damage – to 11 billion UAH – for a case to fall within the investigative jurisdiction of NACU.
FOR (+) No. 3009а: Improvement of CPC provisions; practical implementation of constitutional changes and bringing the prosecutor’s procedural functions specified in the CPC of Ukraine in compliance with the Law of Ukraine “On Amending the Constitution of Ukraine” (regarding administration of justice).
AGAINST (-) No 3009а: Factual reinstatement of the pretrial investigation (inquiry) function of the prosecutor’s office; possible abuse of power by investigators/prosecutors as they are granted the right to subjectively determine the sufficiency of information on a crime in the statement/report to be entered in the Unified Register of Pretrial Investigations; expansion of the powers of the prosecutors as they will be granted access to databases.
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7. Draft Law No. 4229 (D. Maslov) (first reading; the Committee proposes that the bill be adopted as a whole, with consideration for the Committee’s proposals) “ON AMENDING THE LAW OF UKRAINE ‘ON THE JUDICIARY AND THE STATUS OF JUDGES’ AND THE LAW OF UKRAINE ‘ON THE HIGH COUNCIL OF JUSTICE’ REGARDING TERMINATION OF THE PROCEDURES IN THE COMPETITION FOR POSITIONS OF JUDGES OF LOCAL COURTS” – the bill provides for the termination by the High Council of Justice of the competitions previously started by the High Qualifications Commission of Judges (before the day of formation of a competent composition of the HQCJ), including the conduct and completion of the special audit, the announcement, conduct and determination of the results of the competitions for the candidates, and submitting proposals to the President of Ukraine for appointing the respective judges without recommendations from the HQCJ.
FOR (+) No. 4229: Protection of the rights of candidates for the position of judge of a local court under conditions of termination of powers of the HQCJ members; filling of vacancies of judges and ensuring the rights of citizens to access to justice.
AGAINST (-) No. 4229: Repeat qualifications examination for candidates who scored less than 75% of the possible maximum points the first time they took the test; there will be no bottom line for admission to re-examination, i.e. even very weak candidates, e.g. scoring 1% in the first examination, will be given a second chance.
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8. Draft Law No. 3805 (O. Horeniuk) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFENSES AND THE CRIMINAL CODE OF UKRAINE TO STRENGTHEN LIABILITY FOR VIOLATING THE PROCEDURE FOR REMOVAL OF GREEN AREAS” – the bill strengthens administrative liability for eliminating/damaging green plantations or other planted greenery not assigned to the forest fund – through a 10-fold increase in the amount of fines (1,700 – 8,500 UAH), establishes criminal liability for elimination of or damage to green plantations.
FOR (+) No. 3805: Raising the fines to a level allowing the state to partially cover the damages; strengthened liability for illegal cutting of green trees.
AGAINST (-) No. 3805: Illegal cuttings have become so extensive mostly because of lack of inevitability of punishment rather than because of “low level of liability.”
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9. Draft Law No. 3716 (P. Pavlovskyi) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE AIR CODE OF UKRAINE TO IMPROVE THE LEGISLATIVE REGULATION IN THE SPHERE OF REMOTELY PILOTED CIVIL AIRCREAFT” – the bill defines the terms “remotely piloted aviation system,” “remotely piloted aircraft,” “remote pilot”; provides that aviation rules must specify the requirements regarding the competencies of a remote pilot, the pilot’s training, retraining, confirmation/restoration of qualification and upgrade training, as well as mandatory insurance of liability for damage caused to third parties by the user of a remotely piloted aircraft; establishes that it is not mandatory to obtain the certificate of RPA user.
FOR (+) No. 3716: The bill singles out the requirements related to RPA users, enhances the level of their awareness and liability, decreases the level of difficulty of the requirements regarding RPA, which will enable business to use “drones.”
AGAINST (-) No. 3716: The wording of some provisions of the bill is inappropriate.
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10. Draft Law No. 3742 (Y. Kisyel) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE REGARDING SOME ISSUES OF PERFORMING WEIGHT AND SIZE CONTROL” – the bill regulates issues pertaining to so-called weight and size control (W&SC) and charges for the passage of overweight big trucks; establishes requirements as to how a consignment note should be filled in and introduces an electronic register of consignment notes; establishes the rights/duties of the cargo send and the cargo receiver; provides for a 10-fold increase (up to 1,000 times the nontaxable minimum income) in the amount of fines for transporting cargo or passengers without appropriate documents; and also introduces liability for refusal to present documents to authorized persons; the liability is differentiated, based on the level of “overload,” into 6 categories: up to 2%; 2-5%; 5-10%; 10-20%; 20-30%; and more than 30%.
FOR (+) No. 3742: Regulation of the rights and duties of the participants in cargo dispatching; improvement of the W&SC will be conducive to a lower rate of deterioration of road surfaces and, as a consequence, to lower spending on road maintenance and repair.
AGAINST (-) No. 3742: Expenses of the state necessitated by the need to meet the requirements of the Law; the considerable increase in the amount of fines will be a burden on the transporters; Draft Law No. 3742 is related in a systemic way to Draft Law No. 3743, but they will not be considered jointly.
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11. Draft Laws Nos. 3236 (S. Demchenko) and 3236-1 (D. Hetmantsev) (first reading; the Committee proposes that No. 3236-1 be adopted as a basis) “ON AMENDING THE DECREE OF THE CABINET OF MINISTERS OF UKRAINE ‘ON STATE TAX’” – No. 3236-1 provides for increases in state tax rates for performance of notary actions: for notarizing a will, a 50-fold increase; for certifying the correctness of copies of documents, the authenticity of each signature, issuance of certified duplicates, for marriage and divorce registration, a 100-fold increase.
FOR (+) No. 3236: Additional budget revenues.
AGAINST (-) No. 3236: Additional financial burden on Ukrainians; negative social effect in society.
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12. Draft Law No. 4486 (R. Stefanchuk) (first reading; the Committee proposes that the bill be adopted as a basis) ON AMENDING CERTAIN LAWS OF UKRAINE REGARDING THE ‘NATIONAL’ STATUS AND EFFECTIVE MANAGEMENT OF INSTITUTES OF EDUCATION AND STATE PROPERTY” – institutes of higher education and scientific institutions will be awarded the status of, respectively, “national” and “national scientific center” only by a Decree of the President based on a proposal from the Ministry of Health; the bill regulates the use of property by state and municipal institutes of education – annual property control and accounting by the managerial body; the possibility to transfer property to another institute – and to privatize such property in case it has not been used for 3 years.
FOR (+) No. 4486: Regulation of the network of education institutes, of the procedure for state and municipal property management (lease, free-of-charge use, privatization, etc.); development of the educational potential.
AGAINST (-) No. 4486: The Constitution does not empower the Head of State to award the status of “national” to relevant institutes; nonconformity of the Draft Law’s provisions with Article 80 of the Law “On Education” according to which objects and property of state and municipal institutes of education may not be privatized or used for non-educational purposes.
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13. Draft Law No. 2805-Д (A. Nikolayenko) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE ON THE FUNCTIONING AND CIRCULATION OF AGRICULTURAL RECEIPTS” – agricultural receipts are defined as non-issue debt securities in the form of an electronic document in the Register of Agricultural Receipts or in undocumented form, as entries in securities accounts in the system of depository accounting of securities; the list of entities that can issue agricultural receipts is expanded; the mandatory details of agricultural receipts are updated, etc.
FOR (+) No. 2805-Д: Expansion of the range of agricultural producers and creditors against agricultural receipts; access of investors to information in the Depository System of Ukraine; special requirements for persons wishing to be creditors/debtors based on such receipt.
AGAINST (-) No. 2805-Д: The range of persons bearing, together with the debtor, solidary liability based on an agricultural receipt is not identified; narrowing of the influence of the Cabinet of Ministers of Ukraine on the operation and functioning of the Register of Agricultural Receipts.
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14. Draft Law No. 0850 (I. Alekseyev, MP of 8th convocation) (second reading; the Committee proposes that the bill be adopted in the second reading and as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE (REGARDING THE SINGLE LEGAL SHARE OF A LAND PLOT AND THE PIECE OF IMMOVABLE PROPERTY LOCATED ON IT)” – the bill regulates the transfer of the right to use a plot of land; in particular, it establishes the procedure by which the acquisition of title to a piece of immovable property provides the new owner also with the rights to the plot of land on which the respective piece of property is located, without any correlation between the size and value of the purchased piece of property and the size and value of the plot of land on which it is located.
FOR (+) No. 0850: The bill will simplify the procedure of transfer of the right to use a plot of land in the event of acquisition of title to a dwelling house, building or construction located on it; the possibility for citizens to acquire title to real estate out of court and hence a decrease in the caseload on the courts.
AGAINST (-) No. 0850: The acquisition of plots of land the size and value of which are inadequately big compared to the pieces of immovable property located on them; violation of the principle of independence of objects that was established by the Land and Civil Codes; emergence of title to / right to use a plot of land without concluding a separate transaction in respect of it can be used for illegal hidden sale of land; the considerable decrease in the number of notarized transactions will lead to a reduction of budget revenues.
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15. Draft Law No. 3987 (Cabinet of Ministers), (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE TO ENTER INFORMATION ON THE STATE BORDER OF UKRAINE IN THE LAND CADASTER OF UKRAINE” – the bill establishes the procedure for entering information and particularizes the information on the State Border of Ukraine which is to be entered in the State Land Cadaster; allows entering in the SLC of information on the State Border of Ukraine in accordance with the approved documents on the demarcation (redemarcation, delimitation) of the State Border of Ukraine; brings the VRU powers in the Law of Ukraine “On Land Management” in compliance with Article 85 of the Constitution of Ukraine.
FOR (+) No. 3987: Entering information on the State Border in the State Land Cadaster; a clearly regulated entry procedure and a clear set of information to be entered.
AGAINST (-) No. 3987: The terms “demarcation.” “redemarcation,” “delimitation” are not defined in the legislation of Ukraine or in amendments to legislation; moreover, it is not clearly specified which state body is empowered to approve documents on the demarcation (redemarcation, delimitation) of the State Border of Ukraine; furthermore, mention is made of an electronic document containing information on the State Border of Ukraine, but, once again, it is not clear which body must prepare such document.
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16. Draft Law No. 2024 (Y. Tymoshenko) (second reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING ARTICLE 18-7 OF THE LAW OF UKRAINE ‘ON STATE ASSISTANCE TO FAMILIES WITH CHILDREN’ TO INCREASE THE AMOUNT OF ALLOWANCE FOR CHILDREN WITH SEVERE ILLNESSES” – allowance paid for severely ill children will amount to 2 minimum subsistence rates (instead of 1, as before) for children of the respective age.
FOR (+) No. 2024: Increased social protection of children most in need of assistance.
AGAINST (-) No. 2024: Additional spending from the State Budget; the cost of support for the health of severely ill children is much higher than these expenses.
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17. Draft Resolution No. 4479 (I. Kostankevych) “ON COMMEMORATING THE MEMORY OF THE UKRAINIANS WHO RESCUED JEWS DURING WORLD WAR II” – the Draft proposes establishing May 14 as the Day of Memory of the Ukrainians who Rescued Jews during World War II.
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18. Draft Law No. 2234 (I. Nehulevskyi) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO DETERMINE THE RESPONSIBILITY FOR THE FORMATION OF THE PRICING SYSTEM IN THE CONSTRUCTION OF PUBLIC ACCESS ROADS” – the bill empowers the Ministry of Infrastructure to approve the methods and standards for determining the cost of construction of public access roads with consideration for the sectoral specifics.
FOR (+) No. 2234: Adaptation of the national pricing system in the construction of public access roads to the best international practices.
AGAINST (-) No. 2234: Unlike the provision currently in force, the proposed version of the powers of the respective central executive body does not take into account the source of funding of the works.
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19. Draft Law No. 3045-1 (O. Kulinich) (first reading, the Committee proposes that the bill be dismissed) “ON AMENDING CERTAIN LAWS OF UKRAINE (TO IMPROVE THE PROCEDURE FOR THE OPERATION OF ARBITRATION COURTS AND STRENGTHENING THE LIABILITY OF ARBITRATION COURT JUDGES FOR THE PURPOSE OF RESTORING CONFIDENCE IN THE ARBITRATION PROCESS)” – the bill designates the Ministry of Justice as the sole administrator of state registration of permanent arbitration courts (previously, this power was also vested in the territorial bodies of the Ministry of Justice); establishes requirements to the effect that a court’s registration will be conditioned on the availability of the Opinion of the Arbitration Chamber of Ukraine (ACU) on compliance with the requirements of the Law of Ukraine “On Arbitration Courts” and on provision of such court with premises as well as material and technical facilities; changes the procedure for the creation of an AC; establishes the principle of voluntary implementation by the parties of an AC’s decision on settling a specific dispute on an ad hoc basis; extends the jurisdiction of administrative courts to cases based on appeals against acts, actions, or inactivity of the Arbitration Chamber; expands the competences of the All-Ukrainian Congress of Arbitration Judges as to the procedure for the creation of an AC and the requirements for its founder, composition (11 members), powers, and the procedure for the creation and functioning of the Arbitration Chamber.
FOR (+) No. 3045-1: Restriction on the possibility for an active judge of a court of Ukraine to act as an arbitration judge; expansion of the ACs’ jurisdiction, which will decrease the caseload on the Ukrainian courts; regulation of the procedure for disciplining an arbitration judge.
AGAINST (-) No. 3045-1: A part of the provisions coincides with those of Draft Laws Nos. 3411 and 3460; establishment of the procedure for the functioning of arbitration courts and the Arbitration Chamber is assigned to the competence of the All-Ukrainian Congress of Arbitration Judges.
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20. Draft Law No. 3411 (Cabinet of Ministers) (first reading, the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE TO IMPROVE THE PROCEDURE FOR THE CREATION AND OPERATION OF ARBITRATION COURTS FOR THE PURPOSE OF RESTORING CONFIDENCE IN THE ARBITRATION PROCESS” – the bill establishes requirements regarding an arbitration court, organizations at which such courts can be created, regarding information that must be posted on a court’s website; proposes that the Opinion of the Arbitration Chamber of Ukraine (ACU) on compliance with the requirements of the Law of Ukraine “On Arbitration Courts” will be required for a court to be registered; cancels restrictions on consideration by an arbitration court of cases arising from disputes about real estate; authorizes the electronic form for a statement of claim; extends the timeframe for appealing against a ruling refusing to issue a writ of execution to 20 days (15 days at present); and expands the powers of the Arbitration Chamber.
FOR (+) No. 3411: Improvement of the operation of arbitration courts will potentially be conducive to restoration of confidence in such courts; bringing the norms of the respective Law of Ukraine in compliance with the Civil Procedural Code and the Economic Procedural Code; expansion of the range of cases within the jurisdiction of arbitration courts; lower caseloads on the general courts.
AGAINST (-) No. 3411: A part of the provisions coincides with those of Draft Law No. 3045-1; the ACU is a self-governed organization and so whether or not the Chamber presents its opinion cannot be a decisive condition for the Ministry of Justice as to registration/refusal to register an arbitration court.
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21. Draft Law No. 3460 (M. Dyrdin) (first reading, the Committee proposes that the bill be dismissed) “ON AMENDING THE LAW OF UKRAINE ‘ON ARBITRATION COURTS’ TO ALIGN THE NORMS OF THE LAW WITH THE REQUIREMENTS OF THE INTERNATIONAL RULES OF ARBITRATION AND THE CURRENT LEGISLATION FOR INCREASING THE TRANSPARENCY OF THE OPERATION OF THE ARBITRATION COURTS, AND FOR EXPANDING THEIR USE BY LEGAL ENTITIES AND INDIVIDUALS” – the bill brings the subject- matter jurisdiction and the investigative jurisdiction over cases related to arbitration consideration in compliance with the CPC and the EPC; expands the range of cases that can be considered by an arbitration court (below, AC), in particular as regards protection of consumers’ rights; obliges ACs to publish the main information of the AC on its official web page; extends the timeframe for appealing against a ruling refusing to issue a writ of execution to 20 days (15 days at present); rulings enforcing an AC’s decision may not be appealed.
FOR (+) No. 3460: Expansion of ACs’ jurisdiction, which is bound to lead to a lower the caseload on the Ukrainian courts; higher transparency in the activities of ACs; removal of the norm requiring the creation and regulation of arbitration courts’ self-government bodies.
AGAINST (-) No. 3460: A part of the provisions coincides with those of Draft Laws Nos. 3411 and 3045-1.
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22. Draft Laws Nos. 4187 (P. Yakymenko), 4187-1 (O. Bondarenko) (first reading; the Committee recommends that No. 4187 be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO SUPPORT THE DEVELOPMENT OF THE NATIONAL INDUSTRIES OF SUBSURFACE RESOURCES MANAGEMENT” – the bill proposes creating an Interactive Map of Ukraine’s Mineral Resources and posting it in the Internet, along with information on the State Subsoil Fund and State Mineral Deposits Fund; introducing a new type of use of subsurface resources – for the purpose of geological exploration with subsequent extraction of mineral resources; permanent use of subsurface resources is canceled; the period of short-term use of subsurface resources is increased from 5 to 20 years; the procedure for granting special permits to use subsurface resources and for their re-registration through a special electronic cabinet is specified; the bill establishes the right to sell, use as mortgage or otherwise alienate the rights to use subsurface resources and to transfer them to authorized capital.
FOR (+) No. 4187: The level of regulation of the sector is decreased; the bill establishes an exhaustive list of cases when a special permit can be granted without holding a competitive tender; the cancellation of permanent use of subsurface resources will lead to increased competition, facilitate higher mineral production and development of related raw material processing industries.
AGAINST (-) No. 4187: The provision on alienation of the right to use subsurface resources to other persons may lead to loss of State control in the sphere of use of subsurface resources; make it harder to administer rental payments for the use of subsoil resources; create conditions for payment evasion and the risk of a decrease in the revenues of budgets; cancellation of the requirement of assessment of the environmental impact in amber-bearing areas and cancellation of the provision on coordination with the local communities of permission to use local mineral resources are likely to have a negative impact on the environment.
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23. Draft Laws Nos. 3908 (I. Kostankevych), 3908-1 (M. Bardina) (first reading; the Committee recommends that No. 3908-1 be adopted as a basis) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES TO STRENGTHEN LIABILITY FOR COMMITTING DOMESTIC VIOLENCE AND GENDER-RELATED VIOLENCE” – No. 3908 provides for a 100-fold increase in the amount of fines for domestic violence (it will be 17,000 – 69,000 UAH). No. 3908-1 adds a sanction in the form of community service; in such case, payment for the service will be directed to the aggrieved person; the bill proposes that servicepersons be prosecuted for this crime on the same basis as everyone else rather than in accordance with the disciplinary statute; a 6-month period is established for the consideration of such cases (the previous term was 3 months); and the case can now be heard in the absence of the perpetrator, provided that the latter has been duly notified of the hearing.
FOR (+) No. 3908-1: The extended period of consideration of such cases will be conducive to departure from the practice when perpetrators manage to avoid responsibility; financial support for victims and aggrieved persons.
AGAINST (-) No. 3908-1: It will be hard to enforce the sanction in the form of community service in practice, since such work may be unavailable in villages and small towns while payment is to be made from local budgets – which often allocate no funds for such purposes.
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24. Draft Law No. 3335-1-д (H. Yanchenko) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS TO INCREASE THE EFFICIENCY OF THE ACTIVITES OF THE NATIONAL AGENCY OF UKRAINE FOR FINDING, TRACING AND MANAGEMENT OF ASSETS DERIVED FROM CORRUPTION AND OTHER CRIMES” – the bill provides for the transparency of the work of the National Agency for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes (ARMA); it prohibits the sale (realization) of assets transferred to be managed by ARMA before the respective sentence comes into legal force; after that, sale is only possible based on a relevant court decision (except perishable assets or assets in respect of which its owner has provided written consent to its sale); the sale of confiscated assets will take place on electronic sites, on a competitive basis; the bill provides for the participation of ARMA’s authorized person in the court proceedings.
FOR (+) No. 3335-1-д: The protection of the owners of assets against arbitrary decisions by ARMA and other law enforcement agencies and courts regarding sale of assets without a guilty verdict by a court in respect of the owners of the assets; improved performance of ARMA; increased State Budget revenues from the sale of the assets.
AGAINST (-) No. 3335-1-д: No guarantees of non-disclosure of personal data in case ARMA is allowed direct access to confidential data from systems, registers and databanks (including classified ones) maintained by state bodies or local self-government bodies; extra Budget spending on implementation of the Law; contradictory nature of some provisions of the draft law; changes to the Code of Criminal Procedure require a separate Law.
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25. Draft Law No. 3633 (A. Kozhemyakin) (first reading, the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE CRIMINAL CODE OF UKRAINE TO STRENGTHEN LIABILITY FOR COMMISSION OF CRIMINAL OFFENSES AGAINST JOURNALISTS” – the bill strengthens criminal liability for murder threat, violence, destruction of or damage to property in relation to journalists, their close relatives and members of their families, as well as for deliberate beating or inflicting bodily injury or harm of various degrees of severity in connection with the journalists’ professional activities. There will be stronger punishment, in the form of a fine, for obstructing legal professional activities of journalists.
FOR (+) 3633: protection of journalists, as well as their close relatives and family members, in particular against attacks, will be strengthened.
AGAINST (-) 3633: a tenfold increase in the amount of fines will have a rather limited impact on the dynamics of crimes against journalists, since a more effective indicator of protection would be high rates of successful investigations of crimes against journalists and criminal prosecution of those guilty of such crimes, namely: court sentences; strengthened liability is likely not to lead to improved real protection, in view of violation of the principle of inevitability of punishment.
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26. Draft Law No. 3755 (O. Bondarenko) (second reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE CODE ON ADMINISTRATIVE OFFENSES OF UKRAINE TO STRENGTHEN THE LIABILITY FOR VIOLATION OF LEGISLATION IN THE SPHERE OF PROTECTION OF NATURAL ECOSYSTEMS AGAINST FIRES” – the bill proposes strengthening administrative liability, elimination of the disbalance between the factual amount of harm inflicted on the natural environment and the extent of sanctions, as well as increasing the efficiency of public administration and the performance of state oversight in this sphere.
FOR (+) No. 3755: Expansion of the competence of fish protection bodies and of railroad transport; alignment of the extent of penal sanctions with the amount of damage done.
AGAINST (-) No. 3755: Lack of due state oversight and effective levers of influence on the perpetrators who actually create conditions leading to fires.
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27. Draft Law No. 3952 (R. Stefanchuk) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS TO ENSURE OPNNESS OF INFORMATION ON THE SIZE OF LABOR REMUNERATION IN STATE-RUN COMPANIES” – the bill obliges state enterprises, state companies, economic partnerships with no less than 50% of their authorized capital owned by the state or a territorial community, and also legal public-law entities to publish information on the salary/remuneration of the chairperson (deputy chairperson) and members of supervisory councils and executive bodies, including the principles for the formation and sizes of salary and other types of remuneration, as well as to publish information on the organizational structure, mission, functions, powers, main objectives/tasks, areas of activities, and financial resources (structure and amount of budget funds, procedure and mechanism for their spending).
FOR (+) No. 3952: The bill increases the transparency of the subjects of the state economic sector; provides citizens with access to information; makes it easier to monitor the activities of such subjects, which will contribute to higher confidence in the authorities.
AGAINST (-) No. 3952: Communally owned enterprises are not included in the group of entities that are required to publish relevant information; no procedure is specified for managerial bodies to oversee the timeliness and appropriateness of the publication by the administrators of information on their websites; nor is there a procedure for the imposition of sanctions for failure to comply with the established obligations.
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28. Draft Law No. 4079 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a basis) – “ON AMENDING THE LAW OF UKRAINE ‘ON GEOGRAPHIC NAMES’ TO IMPROVE ACTIVITIES RELATED TO THE ESTABLISHMENT, REGULATION, RECORD-KEEPING, REGISTRATION, USE AND PRESERVATION OF GEOGRAPHIC NAMES” – the bill regulates the record-keeping, registration, use and preservation of geographic names, specifies and demarcates the powers of state authorities and local self-government bodies and also economic subjects.
FOR (+) No. 4079: Cancellation of the old system; the functioning of the register of geographic names in electronic form will increase its efficiency, create unimpeded and free access to the online version of the register; higher effectiveness of state agencies and local self-government bodies – faster decision-making on establishing and registration of geographic names.
AGAINST (-) No. 4079: Vesting powers of this sort in several bodies, including the power to conduct examinations of proposals and decisions of state agencies, can create certain bureaucratic barriers and will require additional spending from the State Budget.
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29. Draft Law No. 3337 (O. Dunda) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON REGULATION OF URBAN CONSTRUCTION ACTIVITIES’ REGARDING THE GENERAL PLANNING SCHEME FOR THE TERRITORY OF UKRAINE” – the bill specifies the main principles for state-level planning of territories; the procedure for adopting the decision on developing the General Planning Scheme; for determining the developer, the requester, the list of input data and the procedure for providing such data; the tools for monitoring and overseeing the implementation of planning documents.
FOR (+) No. 3337: The functioning of the General Planning Scheme on the basis of leading geoinformation technologies; improvement of legal regulation in the sphere of urban construction activities.
AGAINST (-) No. 3337: Lack of regulation of the issue of technical placement, functioning and administering the General Planning Scheme as “an interactive system of the complex geospatial models.
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30. Draft Law No. 3793 (B. Prykhodko) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON ENSURING LARGE-SCALE EXPANSION OF EXPORT OF GOODS (WORKS, SERVICES) OF UKRAINIAN ORIGIN THROUGH INSURING, GUARANTEEING AND CHEAPENING EXPORT CREDITING’ TO ENSURE EFFECTIVE FUNCTIONING OF THE EXPORT CREDIT AGENCY” – the bill expands the ability of the ECA to insure and reinsure export factoring; removes the risk of uncontrollable burden on the State Budget; expands the spheres of support for Ukrainian exports – goods with high added value; increases the size of the ECA’s authorized capital to 2 billion UAH; establishes that the controlling block of shares in the ECA’s authorized capital belongs to the state and may not be privatized.
FOR (+) No. 3793: Adequate and effective functioning of the ECA may stimulate the export of Ukrainian products; Ukraine’s improved balance of trade and payments.
AGAINST (-) No. 3793: The term “factoring” does not match the definition in the Civil Code and is not in line with the UNIDROIT Convention on International Factoring; at least a 10-fold increase in spending from the ECA’s budget.
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31. Draft Resolution No. 4243 (H. Tretiakova) “ON MEASURES TO INTRODUCE THE ELECTRONIC REGISTER OF SICK CERTIFICATES” – the bill establishes a series of tasks for the Cabinet of Ministers of Ukraine to provide for the functioning of the Electronic Register of Sick Certificates in the nearest future, in particular to take measures aimed at speeding up the development and making of amendments to the respective normative legal acts for the purpose of introducing the Electronic Register of Sick Certificates, to submit the necessary bills to the Verkhovna Rada and to perform an audit of the effectiveness of spending the funds allocated for the introduction of this Register.
The problem with this Draft Resolution consists in that the dates specified by the draft are already in the past, while a Draft Resolution cannot be adopted in two readings. Nor does the current VR convocation practice making “verbal amendments” to acts before adopting them.
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32. 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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33. 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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34. 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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35. 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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36. 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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37. 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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38. 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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39. 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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40. 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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41. 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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42. 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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43. 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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44. 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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45. 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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46. Draft Law No. 3318 (S. Cherniavskyi) (second reading; the Committee proposes that the bill be adopted as a whole) “ON VETERINARY MEDICINE AND WELLBEING OF ANIMALS” – amendments will be made to 15 Laws (four of them will only have their name changed to “On Veterinary Medicine and Wellbeing of Animals”); the bill envisages the development and adoption of 36 bylaws (CMU Resolutions: 6; Orders of Ministries: 30); determines the legal and organizational principles for performing activities in the spheres of ensuring the protection of animals’ health and wellbeing, veterinary practice, production and circulation of veterinary medicines and side products of animal origin; cancels the necessity to obtain 2 veterinary documents; reduces the timeframe for the issuance of veterinary documents from 30 days to 1 day; allows the issuance of documents and prescriptions in electronic form; introduces termless registration of veterinary medicines; strengthens liability for violations in the spheres of veterinary medicine and wellbeing of animals (as a matter of fact, there is no such liability at present and so no one abides by the established rules).
FOR (+) No. 3318: Systemic and comprehensive regulation of social relations relating to protection of the health of animals and ensuring their wellbeing, veterinary practice, production, circulation and use of veterinary medicines; introduction of the European model of defining animal diseases as notifiable; development of international trade – for Ukrainian exporters, manufacturers of veterinary medicines located in Ukraine (in the medium and long run); development of private veterinary practice in Ukraine.
AGAINST (-) No. 3318: The point of the coming into force of certain provisions of the Draft Law is made dependent of the adoption of a bylaw; the bill provides for the possibility to delegate authority to private parties; terms are used the content of which is not explained in the current legislation or in the Draft Law itself; the bill resolves issues referred by the Constitution to the jurisdiction of the Cabinet of Ministers; the text of the bill contains provisions typical of bylaws; evaluative notions and declarative provisions are used.
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47. Draft Law 2351 (2nd reading) ON AMENDMENTS TO CERTAIN LEGISLATIVE ACTS OF UKRAINE (REGARDING THE IMPLEMENTATION OF PROVISIONS OF CERTAIN INTERNATIONAL AGREEMENTS AND EU DIRECTIVES IN THE FIELD OF PROTECTION OF ANIMAL AND PLANT LIFE) – prohibits: exterminate stray animals, beat, kill, poison or maim stray and domestic animals; begging with homeless, domestic and wild animals; give pets as prizes, awards or bonuses, inflict pain or suffering on them, train animals in a way that harms their health and general condition, drown, strangle animals, poison and use electricity; keep captive animals that pose a threat to humans or animals listed in the Red Book; use of animals for advertising, provide photo services with wild animals, except for zoos, circuses and dolphinariums, etc. It also provides for the strengthening of criminal and administrative liability for cruelty to animals. The powers of local governments in the field of protection of animals from cruelty are defined.
FOR (+) No. 2351: UA's fulfillment of international obligations; promoting humane treatment of animals; strengthening the fight against animal cruelty and poaching.
AGAINST (-) No. 2351: The transfer of powers of the Ministry of Ecology (Ministry of Environment) to determine the types and procedures for animal protection to local governments (regional councils) may worsen the protection of animals; consideration of cases of ill-treatment exclusively by courts will increase the burden on judges.
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48. 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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49. Draft Law No. 4538 (S. Babak) (first reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING ARTICLE 3 OF THE LAW OF UKRAINE ‘ON PRIORITY DIRECTIONS OF DEVELOPMENT OF SCIENCE AND TECHNOLOGY’” – the bill extends the officially established 2020 priorities to 2021. These include: fundamental scientific research on the most important problems of development of scientific and technical, socioeconomic, sociopolitical, and human potential to ensure Ukraine’s competitiveness in the world and sustainable development of society and the state; information and communication technologies; energy and energy efficiency; rational nature management; life sciences, new technologies for prevention and treatment of the most common diseases; new substances and materials.
FOR (+) No. 4538: Determination of priority directions of development of science and technology in Ukraine for 2021.
AGAINST (-) No. 4538: The Government failed to bring normative legal acts in compliance with the law in 2020 and failed to approve new priority directions of development of science and technology.
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50. 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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51. 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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52. Draft Laws Nos. 3091 (O. Marikovskyi) and 3091-1 and (S. Kuzminykh) (first reading; the Committee proposes that No. 3091 be referred to repeat first reading) – “ON STATE ENVIRONMENTAL CONTROL” – No. 3091 determines the legal and organizational foundations, main objectives, principles, the procedure for performing state environmental control; the powers of the central executive body that will be in charge of implementing state policy regarding performance of such control (Derzhkomnahliad) and its territorial departments, the legal status of state environmental protection inspectors; provides for the creation of an automated system of collection, accumulation and systematization of information on state control measures; expands the control by introducing planned/unscheduled inspections, responding to challenges, patrol inspections and patrolling; establishes the grounds and the procedure for prosecution of economic subjects for violating environmental protection legislation; also, the bill introduces amendments to 35 other legislative acts.
FOR (+) No. 3091: Guaranteeing environmental safety and preservation of natural territories and objects requiring special protection; a single body combining the control functions of all current state bodies in the sphere of environmental protection: State Fishing Agency, State Water Agency, State Forestry Agency (Derzhrybahenstvo, Derzhvodahenstvo, Dershlisahenstvo), State Service for Maritime and River Transport, etc.; removal of duplication of control functions of the existing state oversight (control) bodies.
AGAINST (-) No. 3091: The possibility of additional pressure on economic subjects from the state executive body in question, in which enormous powers in the sphere of state environmental control and oversight will be concentrated; lack of a systemic approach to legal regulation of social relations regarding environmental control, since the Law “On Environmental Protection,” which is the fundamental environmental law, specifies that the procedure for performance of control over environmental protection and use of natural resources “shall be determined by this Law and other Laws of Ukraine”; mismatch between the bill and the Law “On the Main Principles of State Oversight (Control) in the Sphere of Economic Activity,” which regulates the same relations.
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53. Draft Laws Nos. 2360 (S. Lytvynenko), 2360-1 (O. Tarasov) (first reading, the Committee recommends that the bills be referred to their authors for revision) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO IMPROVE THE LEGAL REGULATION OF FUR PRODUCTION IN UKRAINE” – No. 2360 proposes imposing a ban, starting from January 1, 2025, on farming of fur-bearing animals for the purpose of fur production; referring facilities for farming of no less than 1,000 animals to the first category of “activities with possible considerable impact on the environment that are subject to assessment of environmental impact”; of less than 1,000 animals, to the second such category; January 1, 2025, is set as the period for licensing such activities. No. 2360-1 contains a list of conditions for farming of fur-bearing animals for the purpose of fur production and liability for failure to comply with them; also, the Cabinet of Ministers is tasked with the development and approval of a State Program on developing fur production for ensuring the functioning of the industry.
FOR (+) No 2360: The bill will have a positive impact due to decreased use of fur processing chemicals.
AGAINST (-) No. 2360: The main provisions of the bill will take effect only in 2025; the proposals regarding fur-bearing animals will be included in a provision pertaining to cattle breeding; the provisions of the bill are mutually contradictory and happen to be at odds with the legislation of Ukraine as well as with the provisions of the EU Council.
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54. Draft Laws Nos. 1193 (M. Velychkovych) and 1193-1 (Y. Kisyel) (first reading, the Committee recommends that No. 1193-1 be referred to repeat first reading) “ON AMENDING CERTAIN LAWS OF UKRAINE TO BRING THEM IN COMPLIANCE WITH THE LEGISLATION OF THE EUROPEAN UNION IN THE SPHERE OF TRANSPORTATION OF DANGEROUS GOODS” – the powers regarding shipment of dangerous goods will be transferred to the Ministry of Infrastructure; the rights and obligations of the sender, transporter and receiver will be determined more clearly; the conceptual framework of participants in the transportation of dangerous goods will be presented in greater detail; the bill specifies the jurisdiction of the State Service of Ukraine for Transport Safety (“Ukrtransbezpeka”) in the sphere of transportation of dangerous goods by road and railway vehicles and of the Marine Administration of Ukraine by marine and river vessels. The Code of Ukraine on Administrative Offenses will be supplemented with an Article on improprieties in the sphere of transportation of dangerous goods by railway vehicles and marine and river vessels (Article 132-2) and an Article on failure to comply with the demands of the officials of the central executive body implementing state policy in the sphere of surface transport safety (Article 188-52), empowering Ukrtransbezpeka and Marine Administration officials to draw up protocols on violations and establishing fines of up to 34,000 UAH.
FOR (+) 1193-1: increased level of safety of transporting dangerous goods; establishing unified rules for safe international transportation of dangerous goods; compliance with Directive 2008/68/EU on internal transportation of dangerous goods.
AGAINST (-) 1193-1: the liability of officials in charge of transportation of dangerous cargo is not specified; there is no mention of collective liability in case of an emergency, accident, or other violation of cargo transportation rules. Transportation of dangerous goods through the territory of Ukraine will be allowed in accordance with international treaties even in cases when the Verkhovna Rada has not given its consent to their binding nature.
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55. Draft Law No. 2201 (V. Vatras) (the Committee proposes that the bill be returned to its author for revision) “ON AMENDING THE LAW OF UKRAINE ‘ON ROAD TRAFFIC’ TO CREATE APPROPRIATE CONDITIONS FOR THE EXERCISE OF THE CITIZEN’S RIGHT TO ACCESS TO DRIVE TESTS AND TO INCREASE THE LEVEL OF DRIVERS’ TRAINING” – the bill creates conditions for the exercise by the citizens of their right to study the traffic rules on their own and for admission to the drive test, and for increasing the level of drivers’ training by eliminating conflicts with the requirements of the traffic rules; also, it prohibits training in driving for persons who have not passed the theoretical test on automobile roads and common streets.
FOR (+) No. 2201: Presenting an alternative proposal for the exercise by the citizens of their right to study the traffic rules on their own and for admission to the theoretical test.
AGAINST (-) No. 2201: The level of vehicle drivers’ training will be reduced and this will have an adverse effect in the level of road traffic safety.
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56. 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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57. 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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58. 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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59. 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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60. 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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61. 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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62. 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.
FOR (+) 2051-1: 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.
AGAINST (-) 2051-1: 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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