Повна версія
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1. Draft Laws Nos. 3959-1 (S. Ionushas), 3959 (D. Hetmantsev) (first reading; the Committee recommends that No. 3959-1 be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO IMPLEMENT SOME PROVISIONS REGARDING THE OPERATION OF THE BUREAU OF ECONOMIC SECURITY OF UKRAINE” – No. 3959-1 determines the liability of the employees of the Bureau of Economic Security (BES) for violations in accordance with disciplinary regulations; it establishes administrative liability for illegal use of the name and signs of belonging to the BES; VAT fraud will become a new Article, 222-2, of the Criminal Code and fall within the jurisdiction of the BES; the fine for evasion of taxes, fees, payments is increased to 85,000-119,000 UAH; liability for non-compliance with a ruling of an investigating judge is introduced; also, powers are fixed to carry out operational and investigative activities and pre-trial investigation of criminal offenses under the jurisdiction of the BES.
FOR (+) No. 3959-1: The bill eliminates inconsistencies and demarcates the powers between law enforcement agencies; the jurisdiction of the BES is determined; functions regarding prevention, detection, termination, investigation and disclosure of criminal offenses are fixed; administrative and disciplinary liability of BES employees is established.
AGAINST (–) No. 3959-1: The bill is inextricably linked to Draft Law No. 3087-д “On the Bureau of Economic Security of Ukraine” № 3087-d; expanding the powers of the BES as regards carrying out covert investigative (search) activities; granting the right to retrieve information from transport telecommunication networks; inconsistency of certain norms of the bill with the current legislation.
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2. Draft Law No. 0934 (Cabinet of Ministers) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING ARTICLE 16 OF THE LAW OF UKRAINE ‘ON THE LEGAL STATUS OF FOREIGNERS AND STATELESS PERSONS’ (REGARDING PRIVATE HOUSEHOLD WORKERS AND LOCAL EMPLOYEES OF FOREIGN DIPLOMATIC REPRESENTATIONS)” – empowering the Ministry of Foreign Affairs of Ukraine to register passport documents of private household workers of employees of foreign diplomatic representations, consular institutions of foreign states, international organizations and their representative offices in Ukraine.
FOR (+) No. 0934: Regulation of the legal status of private household workers of employees of diplomatic representations and consular institutions of foreign states in Ukraine as well as persons working under a labor contract.
AGAINST (–) No. 0934: The possibility of abuses on the part of personnel of some states with migration risk; threat of uncontrolled and unrestricted entry of foreigners into Ukraine and their subsequent migration to EU states or other countries.
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3. Draft Law No. 3497 (O. Makarov) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE ECONOMIC CODE OF UKRAINE TO REMOVE LEGAL CONFLICTS FROM THE REQUIREMNTS FOR THE CHARTERS OF LIMITED AND ADDITIONAL LIABILITY COMPANIES” – the bill provides for removing from the ECU of the provision on the necessity for specifying in the charter of the shares of LLCs and additional liability companies; it establishes that the list of information that must be provided in the charter shall be regulated by the Law of Ukraine “On Limited and Additional Liability Companies.”
FOR (+) No. 3497: Removal of the legal conflict of requirements regarding companies’ charters between the ECU and the Law of Ukraine “On Limited and Additional Liability Companies.”
AGAINST (-) No. 3497: Restriction of contractors’ right to familiarize themselves with the composition of LLCs and additional liability companies; non-removal of the conflict with Article 57 of the ECU, pursuant to which the charter of an economic subject must contain information, in particular, on the size and procedure for the formation of the charter capital and other funds, on the procedure for distribution of profits and losses, on the managing and auditing bodies, their competence, etc.
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4. 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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5. 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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6. 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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7. Draft Law No. 3755 (O. Bondarenko) (first 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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8. 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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9. 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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10. 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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11. 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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12. 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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13. 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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14. 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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15. 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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16. 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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17. 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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18. 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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19. 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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20. 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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21. 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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22. 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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23. 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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24. 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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25. 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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26. 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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27. 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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28. 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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29. 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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30. 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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31. 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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32. 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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33. 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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34. 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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35. 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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36. 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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37. 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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38. 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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39. 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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40. Draft Laws No. 4333 (A. Dmytruk) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE CRIMINAL CODE OF UKRAINE TO STRENGTHEN LIABILITY FOR ILLEGAL EVICTION FROM RESIDENCE” – the bill establishes criminal liability for illegal eviction from residence; the punishment is a fine (10,000 – 25,000 times the nontaxable minimum income of citizens) or deprivation of liberty for a term of 3 to 8 years.
FOR (-) No. 4333: Protection of citizens against eviction from residence without sufficient legal grounds – citizens who, because of certain life situations, have lost their income, especially during the period of quarantine measures, and are unable to repay housing loans on time; protection of pensioners who find themselves in difficult situations when concluding lifetime maintenance contracts against other fraudulent actions.
AGAINST (-) No. 4333: Increased spending from the State Budget on the welfare of persons sentenced to deprivation of liberty for committing a crime and kept in penitentiary institutions.
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41. 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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42. 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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43. 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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44. 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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45. Draft Law No. 4355 (M. Kriachko) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON THE UNIFIED STATE DEMOGRAPHIC REGISTER AND DOCUMENTS CERTIFYING CITIZENSHIP OF UKRAINE, a person’s identity or special status” – the bill fixes at the level of a Law the definitions of the terms e-passport, e-passport for travel abroad; it establishes that an e-passport or an e-passport for travel abroad is issued for free at the respective person’s request and can be presented in the territory of Ukraine to certify identity and confirm citizenship, except in cases of crossing the state border or entering / leaving the occupied territory of Ukraine.
FOR (+) No. 4355: Extension of user-friendly paper-free services available through the mobile application of the Diia Portal; entrenchment in a Law and extension after 2021 on a permanent basis of the experimental project envisaged by a Government resolution and already used by about 5 million people.
AGAINST (–) No. 4355: The impossibility to use e-passports in cases of crossing the state border and entering or leaving the temporarily occupied territory of Ukraine; usage problems in no-Internet situations or lack of special equipment or reading software; it is not specified how the state bodies entrusted with verification of e-passports will carry it out.
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46. 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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47. 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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48. 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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49. 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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50. 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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51. 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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52. 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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53. Draft Law No. 2353 (S. Minko) (first reading, the Committee recommends that the bill be returned to its author for revision) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE ON SOME ISSUES OF PERFORMING SIZE AND WEIGHT CONTROL ON THE STREETS AND ROADS OF CITIES AND OTHER POPULATED AREAS” – the bill is aimed at preventing early destruction of streets and roads in the cities and other populated areas because of overweight vehicles; the powers to perform of size and weight control of vehicles and consider cases on administrative offenses related to such control will be delegated to the executive bodies of city/town councils.
FOR (+) 2353: decreased workload on Ukrtransbezpeka; expansion of the powers of local self-government bodies regarding weight control on territories under their jurisdiction. Lower damage caused by overweight heavy trucks to traffic- bearing surfaces in cities and towns of Ukraine.
AGAINST (–) 2353: the difficulty of installing fixed control stations in the streets of cities with a population of more than 500,000 – formation of additional traffic jams, a negative social impact. Complexes measuring the weight of moving vehicles are expensive (about 13 million hryvnias to be spent on setting up one such unit, counting the project and the works). To install them, the traffic-bearing surfaces will have to be reconstructed, leading to considerable budget expenses. Officials of local self-government bodies will have to spend more man-hours on consideration of administrative cases of this type. Vehicles will be detained without involving the police.
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54. Draft Law No. 2779 (I. Kolykhaiev) (first reading; the Committee recommends that the bill be returned for revision) “ON AMENDING THE LAW OF UKRAINE ‘ON THE SOURCES OF FINANCING THE PUBLIC ROAD SYSTEM OF UKRAINE’ REGARDING ADDITIONAL SOURCES FOR CAPITALIZING THE TERRITORIAL ROAD FUNDS” – the bill establishes the following proportions for distributing the subvention from the State Budget to local budgets for financial support of construction, reconstruction, repair and maintenance of public automobile roads of local significance, municipally owned streets and roads in settlements separately for: the ARC budget, the oblast budgets, the budgets of Kyiv and Sevastopol (90% to local budgets, except for the budget of the city of Kyiv), 10% to the budget of the city of Kyiv); budgets of cities (except for the cities of Kyiv and Sevastopol) and amalgamated territorial communities having direct inter- budgetary relations with the State Budget. The bill establishes the sources for the formation of territorial road funds: subvention from the State Budget (from the State Road Fund); 50% of overachievement of the planned targets of the Customs Service; 13.44% of excise tax on fuel produced in Ukraine and same percentage for imported fuel; 100% of transport tax; 100% of the fee for parking spaces for vehicles; 40% of each: administrative fines for traffic safety violations and administrative fines for violations of parking rules; local borrowings involved in the development of the network and maintenance of public automobile roads; other revenues determined by the law on the State Budget of Ukraine and/or the decision on the local budget.
FOR (+) NO. 2779: Fixation of an explicit list of sources for the formation of territorial road funds as a part of special funds of oblast, city, village and settlement budgets, budgets of amalgamated territorial communities; capitalizing these funds with additional amounts for the construction and repair of local roads.
AGAINST (–) NO. 2779: The fact that the proposed innovations are at odds with the Budget Code, which is the main legislative act; absence of a justification for the proportions proposed for the distribution of the budget funds.
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55. Draft Law No. 3569 (P. Frolov) (first reading; the Committee recommends that the bill be returned to the holder of the right to legislative initiative for revision) “ON AMENDING THE LAW OF UKRAINE ‘ON ROAD TRAFFIC’ TO IMPLEMENT THE LEGISLATION OF THE EUROPEAN UNION ON THE PROCEDURE FOR ADMISSION TO DRIVING MOTOR VEHICLES” – the employees of the Main and Regional Service Centers of the Ministry of Internal Affairs, driving test administrators will be instituted, who will administer the driving test and be personally responsible for the conclusion as to whether or not the test taker is ready to drive safely; the taking of the practical test will be recorded on video and the videos will be stored for a 5-year period; the remote form of studying the driving theory will be added – exclusively for drivers of scooters, motorcycles and automobiles. Practical sessions for all categories and theoretical lessons for other categories will only take place in specially accredited driver training schools.
FOR (+) NO. 3569: Improving the quality of driver training; preventing the purchase of driver’s licenses; putting an end to the practice of allowing “potential killers” to drive vehicles.
AGAINST (–) NO. 3569: According to the Opinion of the Committee on Ukraine’s Integration into the European Union, the bill is in partial agreement with EU law provisions and takes into account, albeit in a fragmentary way, the provisions of Directive 2006/126/EU; cancellation of the monopoly of the Ministry of Internal Affairs on issuing driver’s licenses.
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56. Draft Law 3617 (S. Shakhov) (first reading; the Committee recommends that the bill be returned for revision) “ON AMENDING THE LAW OF UKRAINE ‘ON AUTOMOBILE TRANSPORT’ (TO REGULATE SOME ISSUES OF PARTICIPATION of automobile transport operators IN COMPETITION)” – transport operators using buses remodeled from trucks will be allowed to participate in competition-based selection of transport operator for a public bus route. The condition for admission is possession of protocols of compliance of such buses with the rules of the European Economic Commission, which will be issued by testing laboratories accredited by the National Accreditation Agency.
FOR (+) NO. 3617: Increased fleet of vehicles due to buses remodeled from trucks.
AGAINST (–) NO. 3617: The remodeled buses are likely to lead to higher incidence of road accidents and decrease passenger transportation safety; creation of conditions for providing low-quality services to the population.
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57. Draft Law 3870 (S. Hryvko) (first reading; the Committee recommends that the bill be returned for revision) “ON AMENDING THE LAW OF UKRAINE ‘ON AUTOMOBILE TRANSPORT’ TO REFORM THE SYSTEM OF PASSENGER TRANSPORTATION WITH CONSIDERATION FOR THE EXPERIENCE OF THE EUROPEAN UNION MEMBER COUNTRIES” – reforming the passenger transportation system; introduction of a system of provision of socially significant services in passenger transportation using public automobile roads with consideration of EU Regulation 1370/2007; establishment of the principle of equal access to infrastructure services.
FOR (+) NO. 3870: Creation of competitive working conditions in the passenger transportation market; introduction of market mechanisms for mutual settlements; introduction of a system of financial compensation to be paid to automobile transport operators providing socially significant services; cancellation of bus station fees and introduction of a fixed fee depending on the number of departures and arrivals of buses.
AGAINST (–) NO. 3870: Failure to take into account approaches to regulation of passenger transportation services in suburban, inter-oblast and interurban traffic; deterioration of the rights of social security beneficiaries; need for an increase in local budget spending.
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58. Draft Law No. 3921 (L. Shpak) (the Committee proposes that the bill be returned to its author for revision “ON AMENDING THE LAW OF UKRAINE ‘ON THE SOURCES FOR FINANCING THE ROAD TRANSPORT INFRASTRUCTURE OF UKRAINE’ TO USE A FORMULA-BASED DISTRIBUTION OF ROAD SUBVENTIONS” – a new formula is proposed for the distribution of the road/street subvention: 70% is to be distributed among the budgets of the oblasts, depending on the length of the oblast roads, 20% among cities of oblast subordination, and 10% will go to the city of Kyiv.
FOR (+) No. 3921: The distribution of the funds among all local budgets at one go.
AGAINST (–) No. 3921: The implementation of the bill will result in the necessity for distributing the subvention among about 980 local budgets (currently, among 25) and this will make it much harder to plan and implement road development measures; the bill is at odds with “road decentralization”; the proportions of the distribution of the subvention lie within the sphere of the Budget Code; it is not clear why these particular percentages are proposed.
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