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Analysis of the Agenda of the Plenary Meeting of the Verkhovna Rada Due to Take Place on Thursday, February 18, 2021, from 10:00 to 15:00 (a total of 57 items).
1. Report of the Prosecutor General on the activities of the Prosecutor's Office
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2. On the appointment of a judge of the Constitutional Court of Ukraine (decision of the Committee of 09.06.2020 №04-26 / 03-2020 / 69537) - proposes to appoint Viktor Ivanovych Kichun to the position of a judge of the CCU; Born in 1968, a specialist in the field of law, worked for over 25 years in the field, Associate Professor of Constitutional Law of the National Law Academy. J. Mudry, Candidate of Law; since 1998 a lawyer, since 2005 a private individual.
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3. Draft Resolution 5006 (P.Sushko) ON CREATING A TEMPORARY COMMISSION PARLIAMENT TO INVESTIGATE THE CASE AND THE VIOLATIONS CHILD UNDER IMPLEMENTATION DECENTRALIZATION FOR CHILD PROTECTION, THE REFORM OF INSTITUTIONS OF INSTITUTIONAL CARE AND EDUCATION, REALIZATION OF CHILDREN'S RIGHTS TO FAMILY EDUCATION AND ADOPTION DEVELOPMENT (MODERNIZATION) OF SOCIAL SERVICES - proposes to form TSK consisting of: Sushko PM (chairman, SN), Solomchuk DV (SN), Ryabukha TV (SN), Radutsky MB (SN), Mykysha DS (SN), Kolisnyk AS (SN), Vintonyak OV (SN), Bilozir LM (Dovira), Klymenko YL (Voice), from Pavlenko YV (OPZH).
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4. Draft Law No. 4649 (V. Zub) (first reading, the Committee recommends that the bill be adopted as a whole) “ON AMENDING THE LAW OF UKRAINE ‘ON THE STATE BUDGET OF UKRAINE FOR 2021’ REGARDING FINANCIAL SUPPORT TO THE OPERATION OF THE EYE MICROSURGERY CENTER” – spending on financial support to the operation of the Eye Microsurgery Center is increased by 138 million UAH.
FOR (+) No. 4649:The bill will improve the financial status of the Center; ensure the payment of salaries to the medical staff and purchase of the necessary materials, equipment, medications, bandaging material, payment for utility services and for energy supplies.
AGAINST (–) No. 4649: Spending on the Healthcare Guarantee Program will be decreased by the same amount.
5. Draft Law No. 3205-2 (A. Chornomorov) (repeat first reading; the Committee recommends that the bill be adopted as a basis) “ON THE FUND FOR PARTIAL CREDIT GUARANTEE IN AGRICULTURE” – as a specialized non-banking financial institution created by the Government, the Fund provide credit support and guarantee the repayment of loans to small and medium-sized farms and agricultural enterprises cultivating up to 500 hectares of land; the strategy for the Fund’s development for a three year period will be approved by the general meeting of the participants – they will determine the target groups of entrepreneurs who will be entitled to a partial performance guarantee for credit obligations by the Fund; as a non-banking financial institution, the Fund will be subject to regulation and oversight from the body in charge of state regulation of financial services markets.
FOR (+) No. 3205-2: It will be easier for small farmers to get a loan from a bank; and the State will help them to repay a part of the loan.
AGAINST (–) No. 3205-2: The specific organizational and legal form of the Fund as a legal entity is not defined; the bill specifies neither the criteria on the basis of which international organizations can become participants in the Fund nor the procedure for their selection; it creates the risk of unauthorized use of the Fund’s resources.
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6. Draft Law No. 3364-1-д (A. Herus) (repeat first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE REGARDING CERTIFICATION OF TRANSMISSION SYSTEM OPERATOR” – the bill provides for the performance of certification of power transmission system operator as required by the European Union’s Third Energy Package in accordance with the ISO unbundling model (special requirements regarding unbundling and independence of transmission system operator (TSO); the responsibilities of the Regulator, the TSO and the owner of the transmission system in line with the ISO unbundling model; the requirements regarding the independence of the transmission system owner and the TSO’s obligations regarding disintegration and introduction of the compliance program). The Government will not be entitled to revoke, in full or partially, acts of Ministries and other central executive bodies in the process of managing the corporate rights of the State in the authorized capital of the economic subject performing activities in the sphere of electric power transmission; the bill establishes a fine of up to 10% of the annual income (proceeds) for violation of the requirements regarding the unbundling and independence of the transmission system operator.
FOR (+) No. 3364-1-д: Synchronization of the power system of Ukraine with the power systems of European countries; joining the Inter-TSO compensation mechanism for cross-border transmission losses; fulfillment of Ukraine’s international obligations relating to the implementation of the Third EU Energy Package.
AGAINST (–) No. 3364-1-д: The “Eurointegration” Committee believes that it is necessary to obtain the opinion of the European Commission; the provisions of the bill are formulated in an option-based way, providing for a model other than ISO; yet the Draft Law is designed to fit specifically the ISO model.
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7. Proposals of the President to Law No. 3034а (President) (the Committee recommends that the bill be adopted as a whole) “ON AMENDING ARTICLE 59-1 OF THE LAW OF UKRAINE ‘ON LOCAL SELF-GOVERNMENT IN UKRAINE’ AS REGARDS REGULATION OF CONFLICT OF INTEREST IN THE ACTIVITIES OF DEPUTIES OF LOCAL COUNCILS AND VILLAGE, SETTLEMENT, CITY MAYORS” – the President proposes establishing that the conflict of interest in the activities of the mayors, deputy mayors, secretaries, deputies of councils of populated areas of all levels be regulated in accordance with the Law of Ukraine “On Preventing Corruption”; it is proposed that these norms also apply to the chairpersons of oblast, rayon, and city rayon councils.
FOR (+) No. 3034а: Resolution of the inconsistency in the legislation on conflict of interest which is at odds with the principle of legal certainty and allows those concerned to avoid responsibility for conflict of interest.
AGAINST (–) No. 3034а: No mechanism is proposed for resolving conflict of interest in the activities of local councils; and reference to the anti- corruption Law may fail to provide a comprehensive solution to the problem.
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8. Draft Law No. 3526 (O. Bondarenko) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO STRENGTHEN THE PROTECTION OF FORESTS, AVOID FIRES ON THE LANDS OF THE FOREST AND WATER FUNDS, PEATLANDS AND LANDS OF OTHER CATEGORIES” – the bill prohibits destruction of or damage to vegetation, burning of dry vegetation or its remnants on the lands of the Water Fund, including in coastal protection zones and on islands; the National Police is empowered to consider cases of violation of fire safety rules in forests and in the performance of agricultural work; the responsibility for fire prevention rests with the owners and users (tenants) of the respective territories and facilities; there will be a significant increase of administrative liability – in particular, the fine for destruction of or damage to, or burning of afforestation belts and protective forest plantations is increased 8-14 times, to 6,120 UAH (for citizens) and 21,420 UAH (for officials), etc.
FOR (+) No. 3526: Creation of preconditions for protection of the Forest and Water Funds; providing the police with the possibility to promptly call violators of fire safety rules to account.
AGAINST (–) No. 3526: Increased sanctions (fines) fail to prevent potential offenders from violating rules, because it is problematic to ensure the inevitability of punishment, to prove the guilt of offenders; the liability of the owner (user) is at odds with the principle of presumption of innocence entrenched in the Constitution and the Code of Ukraine on Administrative Offenses.
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9. Draft Law No. 4643-д (O. Kovalchuk) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE TAX CODE OF UKRAINE REGARDING COLLECTION OF TAXES AND DUES, OTHER MANDATORY PAYMENTS IN CASES WHEN THE TAXABLE ITEM IS A VEHICLE” – the bill regulates the issue of taxation of vehicles imported into Ukraine before December 31, 2020, with violation of customs regulations, obliging the owners of such vehicles to pay, within 180 days from the day of the coming into force of the Law, the amount of excise duty and the VAT on excise duty; such taxation will not apply to vehicles which do not comply with EURO-2 environmental standards and/or which originate or are imported from a country recognized as the aggressor state. The customs clearance of vehicles (1 vehicle per person) imported into the territory of Ukraine before December 31, 2020, is to be carried out according to a new formula, one which depends not on the cost of the vehicle but on the age, volume and type of the vehicle engine.
FOR (+) No. 4643-д: Temporary simplification of the customs clearance of vehicles; solution to the problem of “Euro-plates” [“yevrobliakhy”]; decreasing the cost of customs clearance by about two-thirds – as a rule, the cost will not exceed 1,000 Euro ; additional State Budget revenues; combating corruption ($ 100 million will remain in the pockets of Ukrainians); elimination of schemes based on manipulating the value of vehicles (change of the year of manufacture and of engine volume; indication of non-existing damage to and malfunctions of the car; change of the country of origin of the car; change of car modification; forged contract of sale of the car; change of odometer indicators (artificial increase or decrease of the car’s mileage); positive social effect, since there are about 400 – 500 thousand such cars in Ukraine.
AGAINST (–) No. 4643-д: Failure to bring to account the violators of the customs regulations; those citizens who had trusted the state and had already performed the customs clearance of their cars now will find themselves in a disadvantaged position; the customs clearance of old cars that are environmentally unfriendly, in view of the fact that EURO-2 was introduced in the EU back in 1995 (in Ukraine, in 2002) and was replaced with EURO-3 as early as 1999.
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10. Draft Law No. 4644-д (O. Kovalchuk) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE TAX CODE OF UKRAINE FOR TEMPORARY SIMPLIFICATION OF THE CUSTOMS CLEARANCE OF VEHICLES IMPORTED INTO THE CUSTOMS TERRITORY OF UKRAINE” – the bill provides for simplification of the customs clearance of so-called “yevrobliakhy” cars imported into Ukraine by individuals before December 31, 2020, under temporary import / transit procedure, in the event of voluntary payment to the budget of five hundred times the amount of the non-taxable minimum income of citizens (8,500 UAH) and compliance with the requirements set out in Draft Law No. 4643-д regarding payment of excise duty and VAT on the excise duty.
FOR (+) No. 4644-д: The bill is related in a systematic way with No. 643-д; so its strengths are analogous to those of No. 4643-д;
AGAINST (–) No. 4644-д: Analogous to the weaknesses of No. 4643-д;
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11. 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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12. Draft Law No. 4113 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE TO STRENGTHEN SOCIAL GUARANTEES FOR PERSONS WITH DISABILITIES AND CHILDREN WITH DISABILITIES” – the introduction of out-of-turn service for persons with disabilities in any box offices and enterprises, out-of-turn crossing of the State Border of Ukraine, crossing at the checkpoints from and in some cases to the temporarily occupied territories; such rights are applied to individuals accompanying a person with 1st category disability or a child with disability.
FOR (+) No. 4113: Strengthened social guarantees and increased protection of persons with disabilities and children with disabilities; making it easier for them to access services; strengthening the status of the accompanying persons.
AGAINST (–) No. 4113: The problem of providing free seats for persons with disabilities is not resolved; imposition of restrictions on crossing at checkpoints to and from temporarily occupied territories – no more than once a week in one direction – violates the right of persons with disabilities to free movement and their right of free access to services.
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13. 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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14. Draft Laws Nos. 3097 (S. Vlasenko), 3097-1 (N. Korolevska) (first reading; the Committee recommends that No. 3097 be returned for revision and that No. 3097-1 be dismissed) “ON AMENDING THE LAW OF UKRAINE ‘ON THE PROTECTION OF CONSUMERS’ RIGHTS’ (REGARDING GUARANTEES OF CORRECT CALCULATION OF THE COST OF NATURAL GAS, WATER, ELECTRICAL AND THERMAL ENERGY, AND UTILITY SERVICES SUPPLIED TO HOUSEHOLD CONSUMERS” – the bill provides for granting CASHBACK to users of utility services, that is, 10-fold reimbursement to domestic consumers of the cost of natural gas, water, electrical and thermal energy and other utility services supplied to them if the bill charged to them exceeds, and fails to comply with, the approved standards and prices/tariffs specified in the respective contract. The ground for paying the compensation will be the proof (in or out of court) that the cost specified in the payment request is too high and was calculated in violation of the contractual terms.
FOR (+) No. 3097: Protection of citizens against illegal actions of unscrupulous suppliers of utility and other services.
AGAINST (–) No. 3097: Populism and impossibility to enforce the provisions; exceeding the prescribed amount by 1% will lead to a compensation not of 10% but of 1000% of the cost of the service; the bill is at odds with the Civil Code, the Laws “On Housing and Utility Services,” “On Heat Supply,” etc.; it fails to take into account the practice of regular re-calculation of the cost of housing and utility services (which may lead to an increase or a decrease of the amount initially specified in the payment request).
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15. Draft Law No. 4364 (O. Vasylevska-Smahliuk) (first reading; the Committee recommends that the bill be adopted as a basis) “ON PAYMENT SERVICES” – the bill establishes a list of payment services, the procedure for providing them, the terms of authorization and a list of categories of providers of payment services; determines the general principles for the functioning of payment systems in Ukraine, the issue and use of electronic money and digital money by the NBU; establishes the rights, duties and responsibilities of participants in the payment market of Ukraine; determines the general procedure for supervision of payment service providers, the procedure for oversight of the payment infrastructure and payment instruments; the Law “On Payment Systems and Funds Transfer in Ukraine” is repealed.
FOR (+) No. 4364: Abolition of the obsolete payment system and introduction of nine new types of payment services; modernization of the payment market with improved legal regulation; expansion of the range of payment service providers and streamlining their activities in the payment market; strengthening protection of consumers’ rights; improving the security and efficiency of providing payment services, the transparency of their provision and the information on the terms for providing them; promoting innovation and aligning the Ukrainian legislation with the EU legislation; creating favorable conditions for doing business and attracting investment to Ukraine.
AGAINST (–) No. 4364: Duplication of provisions of EU Directives; no specific norms and presence of reference-based norms make the implementation of the provisions of the Law dependent on NBU’s secondary legislation, which leads to corruption risks for the functioning of an efficient payment system.
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16. Draft Law 3055 (2st reading, the Committee recommends to adopt as a basis) ON AMENDMENTS TO CERTAIN LEGISLATIVE ACTS OF UA REGARDING THE IMPLEMENTATION OF THE COUNCIL OF EUROPE CONVENTION ON PROTECTION OF CHILDREN against Sexual Exploitation and Sexual Abuse (THE LANZAROTE CONVENTION) – it is proposed to criminalize: -grooming (sexual harassment of a child with a punishment up to 3 years in prison), -storage without the purpose of sale or viewing child porn with a punishment of 3-6 months of arrest or up to 3 years in prison), - conducting or participating in a spectacular sexual activity (including on the Internet) with a punishment of 5-7 years in prison. Statutes of limitations for crimes of sexual violence against children are not counted from the date of the crime, but after the child reaches the age of 18. Legal entities (porn sites, porn studios, dens) are also criminally liable for relevant illegal actions against children, it is also envisaged to prosecute (liquidation, confiscation of money in accounts). The CPC includes norms on the protection and special proceedings against child victims of sexual violence.
FOR (+) 3055: strengthening the protection of children victims of sexual violence, as the relevant Convention was ratified in 2012. For 8 years, UA has not brought into line with it neither the Criminal Code, nor the CPC, nor the law on child protection. As a result: according to UNICEF, UA is among the top 5 producers of child pornography and among the top 10 leaders in its distribution in the world – the law will gradually change this situation for the better.
AGAINST (-) 3055: insufficient amendments to the CPC to prevent psychological trauma to child victims; the threat of prosecution of persons who accidentally visited the site with child porn.
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17. 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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18. 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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19. Draft Law No. 4049 (Cabinet of Ministers) (first reading, the Committee recommends that the bill be adopted as a basic) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES, THE CRIMINAL CODE UKRAINE AND CRIMINAL PROCEDURE CODE UKRAINE ON THE IMPLEMENTATION OF DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS” – the bill provides a mechanism for viewing the imposition of life imprisonment freedom, a convict who has served a sentence of at least 10 years will have the right to apply for substitution of life imprisonment with a term of at least 15 years; the convict will spend at least 25 years in penitentiaries – 10 years before the moment of appeal and 15 years after the moment of appeal; the sanction of “administrative arrest” currently provided for by 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 that the period for consideration of the appeal against such a sanction be reduced; provides acquaintance with materials of criminal proceedings, after the coming into force of the court decision; if the convict submits a relevant application, he/she will receive the materials in electronic form through the administration of the institution where the sentence is served.
FOR (+) No. 4049: Elimination of inconsistencies that contradict the practice of the European Court of Human Rights, taking into account the judgments in 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 (–) No. 4049: Additional spending from the State Budget will be required – 62 million UAH; there are no norms specifying the procedure for the transfer of electronic copies of the criminal cases to the convict; lack of clear rules on the application of parole to persons sentenced to life imprisonment;
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20. 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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21. Draft Law No. 3757 (Cabinet of Ministers) (second reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING THE LAW OF UKRAINE ‘ON THE CABINET OF MINISTERS OF UKRAINE’ REGARDING THE ACTIVITIES OF THE SPECIAL CONTROL COMMISSION ON PRIVATIZATION” – the bill removes from the Law of Ukraine “On the Cabinet of Ministers of Ukraine” the provision on consideration by the Cabinet of Ministers of the Special Commission’s petitions regarding privatization issues and on the necessity for informing the Commission on the activities of the Cabinet of Ministers during the Hour of Questions to the Government.
FOR (+) No. 3757: The bill is a technical one; it is aimed at eliminating a conflict, since the VRU has already approved amendments to the Law of Ukraine “On Privatization of State and Municipal Property” and thereby terminated the operation of the Special Control Commission on Privatization.
AGAINST (–) No. 3757: The liquidation of the Special Control Commission on Privatization has had a considerable negative impact on parliamentary oversight of privatization-related issues; this Draft Law attests to low quality of bills, because the MPs “forgot” to amend the Law on the Cabinet of Ministers when liquidating the Commission.
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22. Draft Law No. 3761 (President) (first reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING SECTION XX ‘TRANSITIONAL PROVISIONS’ FO THE TAX CODE OF UKRAINE REGARDING THE SPECIFICS OF TAXATION OF ECONOMIC SUBJECTS IMPLEMENTING INVESTMENT PROJECTS WITH SIGNIFICANT INVESTMENTS” – the bill provides for tax privileges until January 1, 2035, for “an investor with significant investments who is a party to a special investment agreement”: VAT will not apply to transactions of import of certain goods; there will be profit tax exemption for a period of 5 years (but not in excess of the size of the state support provided for by the respective special investment agreement); also, local self-government bodies will have the right to establish lower land tax rates and rates of rent or to exempt investors from the land tax.
FOR (+) No. 3761: Draft Law No. 3761 is related in a systematic way and is a derivative of Draft Law No. 3760, which has already been adopted; the latter bill specifies the organizational, legal and financial principles of state support for investment projects with significant investments (30+ million Euro, 150+ jobs, 115+ percent of the average salary in the sector/region; state support not exceeding 30% of the invested amount; implementation period of up to 5 years); establishes the status of state institution with special managers – “investment nannies”; incentives for attracting foreign investments.
AGAINST (–) No. 3761: Decreased State Budget revenues; deterioration of the condition of national manufacturers in relation to foreign investors.
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23. Draft Law No. 3762 (President) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING SECTION XXI ‘FINAL AND TRANSITIONAL PROVISIONS’ OF THE CUSTOMS CODE OF UKRAINE” – the bill provides for exemption, in 2021-2035, from the customs duty for equipment (manufactured no more than 3 years ago) required for implementing an investment project with significant investments under a special investment agreement.
FOR (+) No. 3762: Analogous to the strengths of the above-reviewed Draft Law No. 3761;
AGAINST (–) No. 3762: Analogous to the weaknesses of the above-reviewed Draft Law No. 3761.
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24. Draft Law No. 4225 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE ON THE NATIONAL MILITARY MEMORIAL CEMETERY” – the bill provides a definition for the National Military Memorial Cemetery (below, NMMC), the list of persons that can be buried in its territory, and the specifics of its organization, location and legal status; the issue of NMMC is excluded from the scope of competence of local self-government bodies; the construction of the NMMC will be requested by the Ministry of Veterans; the burial expenses will be covered by the State Budget; a ban will be imposed on the burial of persons that occupied leadership positions in the Communist Party, persons that held leadership positions in the supreme bodies of power and the supreme bodies of management of the USSR, Ukrainian Soviet Socialist Republic (Ukrainian Socialist Soviet Republic), except for participants in the ATO/JFO and/or fighters for independence in the 20th century.
FOR (+) No. 4225: A single complex to honor the memory of those who sacrifices their lives for the independence of Ukraine; ensuring appropriate maintenance and protection of the memorial cemetery.
AGAINST (–) No. 4225: Additional spending from the State Budget on organizing the NMMC.
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25. Draft Laws Nos. 4351 (O. Marusiak), 4351-1 (O. Dubinskyi), 4351-2 (V. Halaichuk) (first reading; the Committee recommends that No. 4351-1 be adopted as a whole) “ON AMENDING THE LAW OF UKRAINE ‘ON STATE REGULATION OF ACTIVITIES PERTAINING TO ORGANIZATION AND CONDUCT OF GAMBLING GAMES” – No. 4351-1 removes the legal conflict in the formation of the Competition Board for conducting a competition for electing the Head and members of the Commission on Regulation of Gambling Games and Lotteries (below, CRGGL) by removing the norms regarding its functioning under the Cabinet of Ministers of Ukraine and exercise of certain powers by the Commission on Higher Public Service Corps in this sphere; the VRU Committee on Finance, Taxation and Customs Policy is granted the exclusive right to elect five members of the Competition Board who will subsequently select, on a competitive basis, candidates for membership in the CRGGL.
FOR (+) No. 4351-1: Correction of technical errors and inconsistencies regarding the competition for the selection of members of the Commission; speeding up the establishment of the Commission on Regulation of Gambling in Ukraine, which will introduce the process of issuing licenses for the organization and conduct of gambling games, improve the regulation of the gambling business, bring it out of the shadow, thereby significantly increasing State Budget revenues.
AGAINST (–) No. 4351-1: The members and the Head of the CRGGL have already been appointed in accordance with the procedure that the Draft Law intends to cancel; the bill is at odds with the Constitution of Ukraine, the Laws “On the Committees of the Verkhovna Rada of Ukraine,” “On the Cabinet of Ministers of Ukraine” and “On the Central Executive Bodies,” since it fails to provide for any norms empowering the VRU Committee to propose members for the Competition Board; in case a possible decision of the Committee is challenged, the above situation will lead to delayed launching of the CRGGL and suspension for an indefinite period of the functioning of the entire system of gambling business and its continued stay in the shadow sector.
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26. Draft Law No. 3821 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING THE LAW OF UKRAINE ‘ON POSTAL COMMUNICATION’ – the bill provides for a legislative definition of “courier communication” (governmental and departmental courier communication within the Armed Forces of Ukraine) as components of postal communication of Ukraine; also, it specifies the provision of courier services in a time of peace and during a special period.
FOR (+) No. 3821: Protection of confidentiality when receiving, processing, transporting, delivering postal items containing classified information.
AGAINST (–) No. 3821: There are several types of post/mail in Ukraine: the official correspondence of the President; of the VRU Chairperson; of the Prime Minister; of state bodies; of local self-government bodies; of foreign diplomatic institutions and diplomatic mail; this can lead to difficulties when applying the Law in practice; the bill is not aligned with the Law “On State Service of Special Communication and Protection of Information of Ukraine.”
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27. 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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28. 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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29. Draft Laws Nos. 3881 (V. Vatras) and 3881-1 (N. Korolevska) (first reading; the Committee recommends that No. 3881 be adopted as a basis, with consideration for the Committee’s proposals) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO SUPPORT THE DEVELOPMENT OF DOMESTIC INDUSTRIES OF SUBSURFACE MANAGEMENT” – the bill proposes that the total amount of alimony to be paid to a child by other family members and relatives must amount to 50% of the minimum subsistence level for a child of the respective age (30% at present).
FOR (+) No. 3881: Increased financial support for children requiring assistance from alimony payer(s).
AGAINST (–) No. 3881: A conflict may arise in case the official salary of e.g. a father is not enough to provide for the established minimum level (50% of the minimum subsistence level) for payment of alimony to all of his children.
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30. Draft Law No. 4118 (O. Fediyenko) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON ACCESS TO OBJECTS OF CONSTRUCTION, TRANSPORT, ELECTRIC POWER ENGINEERING FOR THE PURPOSE OF DEVELOPING TELECOMMUNICATION NETWORKS’ AND OTHER LEGISLATIVE ACTS OF UKRAINE REGARDING DEVELOPMENT OF TELECOMMUNICATION NETWORKS” – regulation of the legal, economic, entrepreneurial relations and organizational principles of providing access to the infrastructure of objects of construction, transport, electric power engineering; introduction of a single center (register) of access to information on objects of access; nondiscrimination of customers when providing access to the object of access; prohibition for the owner to demand that the customer conclude any type of agreement (lease, easement, etc.) other than the access agreement; improvement of the mechanism for establishing the rate of periodical payment for access to elements of infrastructure.
FOR (+) No. 4118: Deployment in Ukraine of high-speed electronic communication networks; prevention of rise in communication service tariffs for consumers; improved quality of Internet communication in Ukraine.
AGAINST (–) No. 4118: Violation of juridical equality of participants in legal and property relations; guaranteeing the rights of operators/providers of electronic communication services versus the rights of the owners (possessors) of the infrastructure of the object of construction, transport, electric power engineering, condominiums, etc.; expanding the authority of the National Commission for the State Regulation of Communications and Informatization by empowering it to develop and approve guidelines on determining the amount of damage caused to operators/providers and to conduct out-of-court settlement of access-related disputes.
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31. 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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32. 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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33. Draft Law No. 0075 (President) (first reading; the Committee proposes that the bill be adopted as a whole) “ON THE RATIFICATION OF THE MEMORADUM OF MUTUAL UNDERSTANDING BETWEEN UKRAINE AND THE EUROPEAN POLICE OFFICE REGARDING CONFIDENTIALITY AND ENSURING STORAGE OF INFORMATION” – it is proposed that the Memorandum be ratified, while issuing a statement on the interpretation of the term “owners of information assets” and specifying the authorized bodies of Ukraine in the sphere of information security as well as the entities responsible for information risk management, accreditation of infosystems for processing classified information, electronic information security, processing cryptographical material in the process of exchanging information between Europol and competent agencies of Ukraine.
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34. Draft Law No. 0076 (President) (first reading; the Committee proposes that the bill be adopted as a whole) “ON THE RATIFICATION OF THE LETTER ON CHANGES” – adoption of the bill will allow regulating the issue of non- application of the provisions of the provisions of the Law “On Currency and Currency Transactions” (as regards using foreign currency for making payments in the territory of Ukraine) to loans granted by the European Investment Bank to Ukraine within the framework of implementation of projects of economic and social development of Ukraine supported by international financial organizations.
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35. Draft Resolution No. 4675 (A. Klochko) – “ON RENAMING THE VILLAGE OF KOROSNE, LVIVSKYI RAYON, LVIV OBLAST” – the bill proposes renaming the village of Korosne to Korosno.
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36. 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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37. Draft Law No. 4410 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a whole, with consideration for the Committee’s proposal that the Law take effect from July 1, 2021) “ON AMENDING SECTION XI OF THE CUSTOMS TARIFF OF UKRAINE FOR UNIFICATION OF IMPORT DUTY RATES ON LIGHT INDUSTRY PRODUCTS” – the bill proposes establishing: same level of reduced import duty rates, amounting to 0%, on raw materials not manufactured in Ukraine (yarn, fibers, threads of UKT ZED group 50-53); import duty from 1% to 8% on finished products: fabrics, felt and fiber felt, wicker nets, twine and ropes; increasing to 10% the full rates of import duty on light industry products of the same UKT ZED subcategories of goods where such rats are currently below 10%.
FOR (+) No. 4410: The unification of import duty rates on light industry products will make customs processing faster; decreased budget spending on laboratory examination to identify fabrics; development of domestic light industry; increased competitiveness of Ukrainian products in international markets.
AGAINST (–) No. 4410: The decrease in the customs payments will have a negative impact on State Budget revenues.
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38. Draft Law 3911 (2st reading, the Committee recommends to adopt as a whole) 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 (+) No. 3911: In the past two years, the number of such fake reports has more than doubled, so the bill is relevant and appropriate. The number of such reports will potentially decrease, which will have a positive impact on the lives of Ukrainians, lead to economy of the material and other resources of bodies of state power which are used to check such reports and eliminate the negative consequences of disseminating false information. It will be instrumental in reducing the number of knowingly false reports about threats to public safety. Confiscation of property may lead to increased State Budget revenues.
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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39. 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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40. 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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41. Draft Law No. 4156 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES AND THE CRIMINAL CODE OF UKRAINE TO STRENGTHEN THE LIABILITY FOR VIOLATING THE REQUIREMENTS OF THE RADIATION SAFETY REGIME IN AREAS SUBJECTED TO RADIOACTIVE CONTAMINATION” – the bill criminalizes the respective offense by removing Article 46-1 from the Code of Ukraine on Administrative Offenses and adding a new Article 267-1 to the Criminal Code; for violating the requirements of the radiation safety regime, the punishment will be a fine of 17,000 to 51,000 UAH or restriction/deprivation of liberty for a term of 1 to 7 years.
FOR (+) No. 4156: Provision for compliance with the requirements of the radiation safety regime.
AGAINST (–) No. 4156: As a rule, strengthened liability fails to bring about a decrease in the number of respective violations; no appropriate justification for criminalizing the violation the radiation safety regime requirements.
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42. Draft Law No. 4265 (O. Bakumov) (first reading; the Committee recommends that the bill be adopted as a basis) “ON STATE REGISTRATION OF AN INDIVIDUAL’S GENOMIC INFORMATION” – the bill determines the legal principles for the creation and functioning of record-keeping of genomic information of people in Ukraine; regulates the processes of its selection, processing, state registration, use, storage, including in electronic form, establishing the Ministry of Internal Affairs as the database holder. The category of cases registration of genomic information is mandatory is as follows: persons prosecuted for intentional crimes against the life, health, sexual freedom, or sexual integrity of an individual; unidentified corpses; missing persons; close relatives of missing persons (in case of their voluntary consent).
FOR (+) No. 4265: Faster identification and detection of persons who committed criminal offenses and more efficient search for missing people; identification of unidentified persons; improved performance of law enforcement agencies in preventing, detecting, uncovering, investigating crimes and avoiding criminal offenses.
AGAINST (–) No. 4265: The use and storage of genomic information as personal data is at odds with the 1998 Information Protection Act and the Data Protection Convention; the requirement that army volunteers and conscripts pay for the test themselves.
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43. Draft Law No. 2805-Д (A. Nikolayenko) (repeat first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE REGARDING 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 Agrarian Receipts Register or in non-documentary form, executed as registration entries in securities accounts within the system of depository record-keeping of securities; the range of entities entitled to issue agrarian receipts is expanded; the list of mandatory details of agrarian receipts is updated.
FOR (+) No. 2805-Д: Expansion of the ranges of agricultural producers and creditors using agrarian receipts; investors’ access to information within the Depository System of Ukraine; special requirements for persons wishing to be a creditor/debtor using such receipt.
AGAINST (–) No. 2805-Д: The bill fails to specify the range of persons assuming, together with the debtor, agrarian receipt based solidary liability; narrowing of the influence of the Cabinet of Ministers of Ukraine on the activities and functioning of the Agrarian Receipts Register.
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44. 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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45. 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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46. 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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47. Draft Law No. 3607 (D. Kysylevskyi) (first reading, the Committee proposed that the bill be adopted as a basis) ON THE ESTABLISHMENT OF A BUSINESS OMBUDSMAN IN UKRAINE – the establishment of the Business Ombudsman Institution as a non-governmental non-profit organization that will help protect businesses that have violated their rights. The institution will be removed from the supervisory board (formed by the Government, as well as the EBRD, OECD, business representatives), the business ombudsman and 2 deputies (to be elected by the supervisory board for 4 years), the secretariat, and territorial offices of the institution.
FOR (+) No. 3607: Expanding the powers of the business ombudsman for pre-trial protection of business entities that have been affected by unfair conduct; strengthening the realization of the rights to freedom of entrepreneurial activity; protection of entrepreneurs from raiding, including by state institutions; lack of budget expenditures for the operation of the Institution.
AGAINST (–) No. 3607: Possible interference of the Institution in the work of state bodies, as the bill establishes the obligation for public entities, their officials and officials to cooperate with the Institution, to ensure the Institution's participation in the procedure of administrative appeal against decisions of subjects of power access to information or information containing confidential and official information; for non-compliance with these requirements, administrative liability is provided; a special procedure for criminal proceedings against the Business Ombudsman and his deputies at the same level as people's deputies – the suspicion may be handed over by the Prosecutor General or his deputy; potential external influence on the activities of the Institution; the absence in the Constitution of the powers of the parliament to create a non-governmental non-profit organization by law, to approve its composition, structure and empowerment.
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48. Draft Law No. 4394 (D. Maslov) (first reading; the Committee recommends that the bill be returned for revision) “ON AMENDING THE LAW OF UKRAINE ‘ON PUBLIC PROCUREMENT’ AND SOME OTHER LEGISLATIVE ACTS OF UKRAINE TO STRENGTHEN OVERSIGHT OF AND LIABILITY FOR VIOLATION OF THE LEGISLATION IN THE SPHERE OF PUBLIC PROCUREMENT, TO ENSURE APPROPRIATE PROTECTION OF THE RIGHTS OF PARTICIPANTS IN PUBLIC PROCUREMENT” – the bill vests the State Audit Service of Ukraine (former Control and Audit Agency) with additional powers to conduct repeat financial monitoring in response to a statement of a participant in a procurement transaction claiming commission by an unscrupulous customer of violations established by a decision of the Anti-Monopoly Committee of Ukraine or of a court and demanding that the violators be brought to administrative liability.
FOR (+) No. 4394: Protection of the rights of participants in public procurement from unscrupulous customers; granting the bidders the right to notify the State Audit Service about violations committed by the customer; reduction of the number of abuses on the part of customers; fair competition in public procurement.
AGAINST (–) No. 4394: Insufficient justification for the granting of access to personal data; the lack of clarity of the legal norms and evaluative criteria will make it harder to conduct monitoring and will render it impossible to determine the residual value of a procured item; additional bureaucratic mechanisms for procrastinating the procurement procedure; possibility for abuse and corruption; extra budget spending.
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49. 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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50. Draft Laws 2180, 2180-1 (first reading; the Committee recommends that both bills be returned to their authors) ON AMENDING CERTAIN LEGISLATIVE ACTS OF UA TO RESTORE JUSTICE AS REGARDS LABOR REMUNERATION PAID TO TEACHERS OF PRE-SCHOOL AND OUT-OF-SCHOOL EDUCATION ESTABLISHMENTS – the bills propose that the level of labor remuneration for teachers of pre-school and out-of-school education establishments be increased.
FOR (+) No. 2180: increased salaries for aides to teachers and nurses; provision of the right to establish extra payments, awards, bonuses and other types of incentives based on own receipts and other sources not prohibited by the law.
AGAINST (–) No. 2180: additional spending from the State Budget without indication of the respective sources.
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51. Draft Law No. 2595 (first reading, the Committee proposes that the bill be adopted as a basis) ON INTRODUCING CHANGES TO THE LAW OF UA "ON EDUCATION " REGARDING ATTRACTION OF PRIVATE INVESTORS TO ADDRESS PROBLEMS OF DEFINICENCY OF VACANCIES FOR CHILDREN IN LINDERGARTENS AND SCHOOLS – the bill establishes a privilege for leasing state- and municipally owned property for the placement of institutes of pre-school and general secondary education in the form of state-and-private partnership in the sphere of education and science; local self-government bodies are obligated to designate no less than 1 communally owned object for the placement and functioning of preschool education institutions and to lease them for 1 UAH for a period of 5 years.
FOR (+) 2595: encouragement of state-and-private partnership will be instrumental in resolving the problem of deficiency of vacancies in kindergartens; State and local budget funds allocated for the construction of kindergartens will be saved.
AGAINST (–) 2595: the risk of rented premises being used by dishonest lessors for other purposes, since the bill only provides 1 year for organizing a kindergarten and no liability is provided for such improper use of premises.
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52. Draft Law 2604 (first reading; the Committee recommends that the bill be returned to the author for improvement) ON INTRODUCING CHANGES TO THE LAW OF UKRAINE "ON HIGHER EDUCATION" TO IMPROVE THE SOCIAL AND ECONOMIC CONDITION OF STUDENTS IN UA – a minimal regular academic stipend and a minimal social stipend are introduced; their sizes must correspond to the minimal subsistence level = which means increasing the size of the stipends already in 2020; increasing the number of persons receiving a social or academic stipend, which must not be lower than 70% of the total number of full-time students funded from the budget; granting the right to receive 2 types of stipends to students requiring social protection.
FOR (+) No. 2604: increased level of financial support for students, in particular those from socially unprotected families.
AGAINST (–) No. 2604: the amount of additional funds allocated for stipends is between 3.5 and 20 billion UAH – and that amount is not provided for in the State Budget; if the number of students receiving a stipend is increased to 70%, this will decrease students’ motivation and effective competition in education.
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53. Draft Law No. 2664 (first reading; the Committee proposes that the bill be adopted as a basis) ON PROVISION OF MEALS AT INSTITUTES OF GENERAL SECONDARY EDUCATION – the bill proposes that a comprehensive approach be taken to the principles of organization of provision of meals in institutes of general secondary education: determination of the category of pupils who will be provided with free and privileged meals; regulation of the standards for meals in educational and children’s health improvement and recreation establishments; requirements regarding the logistical basis for organizing meals at institutes of general secondary education; requirements regarding quality and safety of meals at institutes of general secondary education; requirements regarding the number and qualification of employees and incentives for them; regulation of financial issues that help to increase the efficiency of work in this sphere of activity; requirements regarding competition-based selection of contractors providing services in organization of meals at institutes of general secondary education; requirements regarding criteria for assessment of tender winners by using not only price-based but also quality-based parameters; requirements regarding the structure of management, the use of an automated management system.
FOR (+) 2664: the foundations and basic principles of organizing provision of quality and safe meals for children are determined at the legislative level the organization of qualitative and safe food of children at institutes of general secondary education are defined.
AGAINST (–) 2664: the declarative nature of the Draft Law’s norms – which fail to establish specific rights and duties for participants in the sphere of organizing provision of meals; the need for additional spending without indicating the respective sources.
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54. Draft Law No. 2776 (first reading, the Committee recommends that the bill be returned to the author) ON INTRODUCING CHANGES TO ARTICLE 44 OF THE LAW OF UKRAINE "ON HIGHER EDUCATION" REGARDING SUPPORT FOR PERSONS HAVING SPORTS TITLES AS THEY ENTER INSTITUTES OF HIGHER EDUCATION – persons who have the titles of Honored Coach of UA, Honored Master of Sports of UA, Master of Sports of International Class, Grandmaster of UA, and Master of Sports of UA will receive an extra point for special achievements when entering institutes of higher education specializing in physical culture (institutes of higher education can determine the eight of such bonus point as 5% to 15% of the total competition score).
FOR (+) No. 2776: it will be easier for talented athletes to enter institutes of higher education; incentives will be created for persons with sports titles and achievements in the field of sports to enter institutes of higher education.
AGAINST (–) No. 2776: the principle of level playing ground for persons entering institutes of higher education at the expense of State Budget will be violated; non-social privileges will be granted; the competition basis for the exercise of the right to be educated based on state order will be gradually leveled out.
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55. Draft Resolution No. 3052а (I. Kostankevych) “ON APPEAL TO THE CABINET OF MINISTERS OF UKRAINE ON ENSURING COMPLIANCE WITH THE NORMS OF THE CURRENT LEGISLATION OF UKRAINE REGARDING THE ESTABLISHMENT OF THE SALARY RATE OF EDUCATORS (PRESCHOOL EDUCATION, GENERAL SECONDARY EDUCATION, VOCATIONAL EDUCATION, OUT-OF-SCHOOL EDUCATION, PROFESSIONAL PRE-HIGHER EDUCATION, HIGHER EDUCATION) OF THE LOWEST QUALIFICATION CATEGORY AT THE LEVEL OF THREE TIMES THE MINIMUM SALARY” – the bill proposes establishing that the lowest rate of salary of an educator (“pedagogical worker” will be: from January 1, 2021, three times the minimum subsistence level for able-bodied persons; from January 1, 2022, 3.5; from January 1, 2023, 4 times.
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56. Draft Laws Nos. 3033а (V. Novynskyi), 3033а-1 (N. Korolevska) (first reading; the Committee proposes that both bills be returned to their authors) “ON AMENDING CERTAIN LAWS OF UKRAINE REGARDING ADDITIONAL GUARANTEES FOR THE RIGHTS OF PEDAGOGICAL AND SCIENTIFIC-PEDAGOGICAL WORKERS DURING THE PERIOD OF THE QUARANTINE OR THE RESTRICTIVE MEASURES RELATED TO THE SPREAD OF THE CORONAVIRUS DISEASE (COVID-19)” – the bill proposes paying to the pedagogical and scientific-pedagogical workers of state and municipal institutes of education: in the event of contracting COVID-19, no less than 100 times the minimum subsistence level; if a disability group is established within one calendar year and the condition resulted from contracting the coronavirus disease, no less than 300 times the minimum subsistence level; in the event of death of the educator, 750 times the minimum subsistence level. The bill establishes additional payments to the salaries of educators working in pedagogical and scientific-pedagogical institutes of education that are directly involved in organizing the education process, which will amount to 100 percent of the salary, for the period of implementation of measures aimed at preventing the emergence and spread, localization and liquidation of outbreaks, epidemics and pandemics of the coronavirus disease.
FOR (+) No. 3033а: Improved financial status of teachers and lecturers.
AGAINST (–) No. 3033а: Extremely high expenses from the State Budget (about 10 billion UAH monthly); when performing their professional duties, educators are not subjected to additional risk of contracting infectious agents; the impossibility to establish in practice the cause and effect relationship between the disease and the fact of performance by the teacher/lecturer of his/her professional duties.
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57. Draft Laws Nos. 4213 (Cabinet of Ministers) and 4213-1 (O. Kunytskyi) (first reading; the Committee recommends that both bills be returned for revision) “ON AMENDING THE LAW OF UKRAINE ‘ON TRAFFIC’” – the bill proposes allowing the new owners of an automobile to ask on their own initiative any entrepreneur (“economic subject”) to make for them a number plate bearing the number assigned to their car after its registration (at present, the Ministry of Internal Affairs is solely in charge of the production, distribution, registration and oversight of number plates for vehicles); also, the bill authorizes the Cabinet of Ministers of Ukraine to specify the procedure for the production of number plates for the purpose of state registration and number plates for one-time rides as well as the procedure for registration of entrepreneurs producing such plates.
FOR (+) No. 4213: Competition in the production of number plates for vehicles; decreased time of waiting for the production/transfer of number plates compared to interacting with MIA service centers.
AGAINST (–) No. 4213: The risk of corruption episodes; necessity for the creation of a register of producers of number plates (similar to the register of appraisers) and for requirements regarding the procedure for the operation of such producers (timeframes, administrative location, minimum/maximum price, etc.).
