Повна версія
Analysis of the Agenda of the Plenary Meeting of the Verkhovna Rada Due to Take Place on Wednesday, May 19, from 10:00 to 14:00 (a total of 77 items)
1. Draft Resolutions Nos. 4535-П (Y. Tymoshenko), 4535-П1 (A. Puziychuk), 4535-П2 (M. Tsymbaliuk), 4535-П3 (I. Herashchenko), 4535-П4 (A. Herasymov), 4535-П5 (I. Kyrylenko), 4535-П6 (S. Vlasenko), 4535-П7 (I. Klympush- Tsyntsadze), 4535-П8 (S. Fedyna), 4535-П9 (V. Ivchenko), 4535-П10 (V. Siumar), 4535-П11 (O. Sukhov) (the Committee recommends that the matter be decided by voting) “ON REVOKING THE VRU DECISION ON THE ADOPTION OF THE LAW ‘ON AMENDING CERTAIN LAWS OF UKRAINE TO DEVELOP THE INSTITUTION OF STAROSTAS’” – in the opinion of the holders of the right to legislative initiative proposing these Draft Resolutions, the consideration of the Draft Law involved violations of the Rules of Procedure; if the Draft Resolutions are dismissed, this will unblock the signing of the adopted Law No. 4535 by the Speaker.
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2. Draft Resolutions Nos. 2194-П (O. Koltunovych), 2194-П1 (S. Soboliev), 2194-П2 (S. Yevtushok), 2194-П3 (A. Puziychuk), 2194-П4 (Y. Tymoshenko), 2194-П5 (V. Ivchenko), 2194-П6 (V. Kabachenko), 2194-П7 (V. Nalyvaichenko), 2194-П8 (V. Dubil), 2194-П9 (K. Bondariev), 2194-П10 (A. Labunska), 2194-П11 (M. Tsymbaliuk) ( the Committee recommends that the matter be decided by voting ) “ON REVOKING THE VRU DECISION ON THE ADOPTION OF THE LAW ‘ON AMENDING THE LAND CODE OF UKRAINE AND OTHER LEGISLATIVE ACTS TO IMPROVE THE SYSTEM OF MANAGEMENT AND DEREGULATION IN THE SPHERE OF LAND RELATIONS’” – in the opinion of the holders of the right to legislative initiative proposing these Draft Resolutions, the Law in question is at odds with provisions of the Declaration on State Sovereignty and the Constitution; moreover, the consideration of the Draft Law involved violations of the Rules of Procedure; if the Draft Resolutions are dismissed, this will unblock the signing of the adopted Law No. 2194 by the Speaker.
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3. Draft Law No. 4546 (D. Hetmantsev) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO IMPROVE THE MECHANISM FOR REMOVING BANKS FROM THE MARKET AND SATISFYING THE DEMANDS OF THE CREDITORS OF THESE BANKS” – the bill is aimed at improving the effectiveness of removing bankrupt banks from the market (in 2014-2015, 96 banks went bankrupt); preservation of their assets and satisfaction of the demands of as many as possible creditors of banks being removed from the market; improves the legal protection of the employees of the Deposit Guarantee Fund and the members of its Administrative Council; empowers the Fund to initiate civil, administrative, criminal or arbitration proceedings on recovery of damages resulting from nationalization, expropriation of property, requisition, destruction, depreciation of assets of a bank as a result of hostilities, armed conflicts, civil uprising; relieves the Fund in certain cases from paying court and administrative fees and stamp duty.
FOR (+) No. 4546: The bill will help to prevent the loss of a bank’s assets, protect the rights of the creditors of banks being removed from the market, and facilitate the return of funds to the former creditors of a bank after its liquidation.
AGAINST (–) No. 4546: The bill may lead to a reduction in the funding of courts – because the Fund will be relieved from paying court fees – and to a heavier caseload on courts – because the Fund will submit unjustified petitions; the bill provides for recovery of damage by the Fund, while the Civil Code provides for compensation of damages.
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4. Draft Laws Nos. 2713 (M. Zablotskyi), 2713-1 (D. Natalukha), 2713-2 (O. Dubinskyi), 2713-3 (A. Dubnov) and 2713-d (O. Marusyak) (first reading, the Committee proposes that No. 2713-e be adopted as a basis) “ON AMENDMENTS TO THE TAX CODE OF UKRAINE REGARDING TAXATION OF INCOME FROM THE ORGANIZATION AND CONDUCT OF GAMES” – Internet and poker games on the Internet in the amount of 10%, for the organization and conduct of gambling in casinos and slot machine halls – 12.5%, for bookmaking – 5%, the issuance and conduct of lotteries – 10%. Income tax will also be paid at a general rate of 18%. Winnings in gambling and lotteries will be exempt from personal income tax and military duty.
FOR (+) No. 2713d: positive impact on the revenue side of budgets by removing from the shadows and legalizing the work of gambling in Ukraine; creating favorable conditions for the payment of taxes through the use of the incentive role of taxation.
AGAINST (–) No. 2713d: violates the principle of equality of taxpayers; provides more favorable conditions for the taxation of lotteries compared to other activities; creates the preconditions for tax evasion.
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5. Draft Law No. 5230 (N. Pipa) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE ON THE USE OF PROPERTY OF LIQUIDATED COMMUNAL SECONDARY EDUCATION INSTITUTIONS IN RURAL AREAS” – the bill establishes an exception for the property of liquidated educational institutions in rural areas, providing that such property can be used not only for educational purposes: imposes prohibition on alienation of such property, its mortgage, or using it to repay debts; establishes that funds obtained from the lease of such property can be used by local self-government bodies exclusively for educational purposes.
FOR (+) No. 5230: The bill will enable local self-government bodies to use the property of liquidated educational institutions and lease out such property; revenues of budgets of villages/amalgamated territorial communities will be increased.
AGAINST (–) No. 5230: The bill is not included in the Law-Drafting Plan of the Verkhovna Rada of Ukraine for 2021.
ПРОТИ (-) 5230: The exception established by the draft does not comply with the Law on Education, which is a general law for all educational institutions, as it states that the property of educational institutions that is not used in the educational process may be a contribution to joint activities or used in public private partnership in education and science.
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6. Draft Law No. 4486 (R. Stefanchuk) (second reading; the Committee proposes that the bill be adopted as a basis) ON AMENDING CERTAIN LAWS OF UKRAINE REGARDING THE ‘NATIONAL’ STATUS AND EFFECTIVE MANAGEMENT OF INSTITUTES OF EDUCATION AND STATE PROPERTY” – the bill regulates the use of property by state and municipal institutes of education – annual property control and accounting by the managerial body; the possibility to transfer property to another institute – and to privatize such property in case it has not been used for 3 years.
FOR (+) No. 4486: Regulation of the network of education institutes, of the procedure for state and municipal property management (lease, free-of-charge use, privatization, etc.); development of the educational potential.
AGAINST (-) No. 4486: nonconformity of the Draft Law’s provisions with Article 80 of the Law “On Education” according to which objects and property of state and municipal institutes of education may not be privatized or used for non- educational purposes.
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7. Draft Resolution No. 4105 (R. Kostenko) “ON THE CREATION OF A TEMPORARY INVESTIGATION COMMISSION OF THE VERKHOVNA RADA OF UKRAINE TO INVESTIGATE FACTS, MENTIONED IN MASS MEDIA REPORTS, OF POSSIBLE ILLEGAL ACTIONS BY OFFICIALS THAT COULD LEAD TO AVOIDANCE OF CRIMINAL LIABILITY BY MEMBERS OF ‘WAGNER PRIVATE MILITARY COMPANY’ AND CAUSE DAMAGE TO THE NATIONAL INTERESTS OF UKRAINE” – it is proposed that the TIC include R.O. Kostenko from the Holos faction (Head of the TIC), O.O. Honcharenko from the European Solidarity faction, and S.M. Yevtushok from the Batkivshchyna faction.
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8. Draft Resolution No. 5243 (D. Arakhamia) “ON THE CREATION OF A TEMPORARY INVESTIGATION COMMISSION OF THE VERKHOVNA RADA OF UKRAINE TO INVESTIGATE POSSIBLE ILLEGAL ACTIONS OF REPRESENTATIVES OF STATE AUTHORITIES AND OTHER PERSONS WHICH FACILITATED THE VIOLATION OF STATE SOVEREIGNTY AND TERRITORIAL INTEGRITY AND THREATENED THE NATIONAL INTERESTS AND SECURITY OF UKRAINE” – the draft proposes electing to the TIC – from the Servant of the People faction: M.V. Bezuhla (Head of the TIC), M.V. Mysiahin, V.Y. Bezghin, O.O. Merezhko, O.M. Zvitnevych, O.S. Zhmerenetskyi, S.A. Yurash, and O.V. Khomenko); from the Opposition Platform – For Life: N.I. Shufrych (Deputy Head of the TIC); from the Dovira group: M.V. Loshniak; and from the group For the Future, I.V. Huz.
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9. Draft Law No. 4284 (R. Stefanchuk) (first reading; the Committee recommends that the bill be adopted as a basis) “ON DE-SOVIETIZATION OF THE LEGISLATION OF UKRAINE” – the bill invalidates the normative legal acts dating back to the Soviet period, recognizes as not applicable in the territory of Ukraine acts of bodies of state power of the USSR – a total of 979 acts, as well as of the Ukrainian SSR – a total of 249 acts, except for their provisions that do not contravene the Constitution and the Law of Ukraine “On Legal Succession”; amends the Code of Labor Laws of Ukraine so as to get rid of Soviet terminology: replaces the term “people’s economy” with “the economy of Ukraine”; “owner” with “employer”; “working person” with “employee”; “higher-level bodies” with “higher in the order of subordination”; “”progressive” technologies with “modern”; removes “atmosphere of intolerance of violations of labor discipline, strict comradely exactingness towards workers performing their labor duties in bad faith”; tasks Ministries and other central executive bodies with the development and approval of relevant normative legal acts. In particular, the Cabinet of Ministers will be obliged to develop and submit for consideration by the Verkhovna Rada Draft Labor and Housing Codes and the Administrative-Delict Code.
FOR (+) No. 4284: Reduction of “the level of littering” of the legislative framework of Ukraine with normative legal acts that are not effective and do not correspond to the modern realities; in execution of the Law, the Housing Code will be updated – it was adopted back in 1983 and society is waiting for its updating.
AGAINST (–) No. 4284: The bill sets January 1, 2022, as the deadline for the Cabinet of Ministers of Ukraine to develop and submit new drafts of the three Codes, which is unrealistic given the complexity of developing codified acts; in the text of the Housing Code, the bill leaves the terms “collective farm,” “Council of People’s Deputies,” “Ukrainian Republican Council of Trade Unions”; according to the preliminary estimates of some experts and scientists, the number of acts of the Ukrainian SSR is as high as 603, the Draft Law proposes excluding only 249; the question arises as to the legal fate of the remaining 354 acts.
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10. Draft Law 2689 (second reading, the Committee recommends to adopt it as a basis) ON AMENDMENTS TO CERTAIN LAWS OF UA AS REGARDS THE IMPLEMENTATION OF THE PROVISIONS OF THE INTERNATIONAL CRIMINAL AND HUMANITARIAN LAW - introduces the principle of universal jurisdiction as regards aggression, genocide, crimes against humanity and war crimes ; establishes criminal liability for military commanders, persons actually acting as commanders and other superiors for any crime committed by their subordinate if they knew (deliberately assumed) or should and could have known about them committing a crime / their intention to commit such a crime, etc.
FOR (+) 2689: bringing the legislation of UA on criminal liability in line with the provisions of international law; possibility for law enforcement agencies to qualify crimes in the temporarily occupied territories of UA.
AGAINST (-) 2689: lack of a practical mechanism for implementation of the draft law; introduction of the criminal responsibility of military commanders not for their own actions, and holding them responsible for actions performed by “that guy”.
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11. Draft Law No. 2289 (O. Tarasov) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING ARTICLE 4 OF THE LAW OF UKRAINE ‘ON PERSTICIDES AND AGRICULTURAL CHEMICALS’ REGARDING IMPORT OF PESTICIDES INTO THE CUSTOMS TERRITORY OF UKRAINE” – the bill rules out mandatory documentary confirmation of state registration of pesticides and agricultural chemicals in the manufacturing country – in case of importing and using their pilot batches in Ukraine for their official testing and scientific research; also, the bill allows using leftover pesticides and agricultural chemicals the registration period of which has expired.
FOR (+) No. 2289: Providing Ukrainian farmers with opportunities to use state- of-the-art plant protection technologies rather than those that were new 4-5 years ago; increased productivity of agricultural crops; simplification of the procedure for bringing new, experimental batches of pesticides to Ukraine for official testing and scientific research; support for the European Business Association and the US Chamber of Commerce in Ukraine.
AGAINST (-) No. 2289: The risk of negative impact of leftover chemicals during their transportation or sale; possible fraud related to production of fake agricultural chemicals and pesticides; formal Opinion of the Committee on European Integration that the bill fails to comply with EU law, the Association Agreement, and Ukraine’s WTO obligations
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12. Draft Law No. 4107 (M. Poturayev) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING CERTAIN LAWS OF UKRAINE TO ENSURE INDEPENDENCE OF THE NATIONAL COUNCIL OF UKRAINE FOR TELEVISION AND RADIO BROADCASTING” – improvement of legal norms regulating the procedure for appointing and dismissing members of the National Council of Ukraine on Television and Radio Broadcasting, in particular in compliance with gender principles; establishment of a list of requirements and restrictions for candidates to positions of members of the National Council and to positions in public associations and creative unions that may nominate candidates to positions of members of the National Council; amendments to some other legislative acts of Ukraine on state support for the sphere of culture, creative industries, tourism, small and medium business in connection with the restrictive measures and on the procedure for unscheduled on-site inspections of license holders.
FOR (+) No. 4107: Strengthening the institutional independence of the National Council, improving the reporting of the National Council to the appointing entities – the President and the Verkhovna Rada; expanding the list of requirements for candidates; simultaneous appointment of members to all vacant positions in the National Council.
AGAINST (–) No. 4107: The possibility of early termination of powers of the entire National Council if its annual report is not approved; gender-based preferences in appointment of members – this may be at odds with the Constitution; corruption risks associated with the criterion for selection of candidates to positions of members of the National Council as “eminent persons in the sphere of television and radio broadcasting”; holding meetings of the National Council without the participation of license holders and limiting the time for notifying them of the hearing; expansion of the staff of the National Council and higher salaries of members of the National Council will require a significant increase in State Budget spending.
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13. Draft Law No. 4568 (M. Mezentseva) (first reading; the Committee recommends that the bill be adopted as a basis) “ON MATERIALS AND OBJECTS IN CONTACT WITH FOOD PRODUCTS” – the bill regulates the safety issues of materials and objects intended for direct or indirect contact with food products in the process of their production, circulation and use ( paper, cardboard, regenerated cellulose, plastic, printing inks, varnishes, wax, silicone, textiles, wood, adhesives, ceramics, cork, rubber, glass, metals and their alloys, as well as anything else ); determines the powers of the central executive body in this sphere; establishes the procedure for state registration of facilities producing materials and items; determines the state registration of plastic processing processes; labeling, declaration of conformity and requirements for ensuring the traceability of materials and objects in contact with food products; introduces maintenance of the State Register of Substances Permitted for Use in this sphere.
FOR (+) No. 4568: Implementation of EU requirements; application of sanitary and phytosanitary measures aimed at reducing the risk of adverse effects on human health of materials and objects in contact with food products; safety of materials and objects in contact with food; introduction of international veterinary certificates for cargo with fishing and/or fishery products.
AGAINST (–) No. 4568: The bill does not quite align with other Laws of Ukraine; non-conformity to terms used in the related spheres of waste management, packaging and packaging waste; lack of a clear list of services of scientific (expert) evaluation of materials and objects in contact with food, their cost; as a result, the bill will not prevent possible abuse and will have a negative impact on business; it will require additional spending from the State Budget.
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14. Draft Law No. 4626 (R. Kostenko; the Committee proposes that the bill be adopted as a basis) “ON THE MILITARY CHAPLAIN SERVICE” – the bill creates the Military Chaplain Service as an independent structural unit within military formations; the Service will be subordinated directly to the command of the military unit; the number of its members may not be less than 0.2% of the number of servicepersons in the respective military formation; a chaplain must be a citizen of Ukraine with higher theological education who is a cleric of a church registered in Ukraine or of a religious organization and who has obtained a mandate from his own church to conduct chaplain activities; chaplains have the status of military servicepersons and so they are entitled to relevant social guarantees; the bill specifies the principles on which the activities of the Service are to be based; at the Ministry of Defense and the Ministry of Internal Affairs, consultative-advisory bodies will be created: Interconfessional Councils for Military Chaplainship, consisting of chaplains of respective military formations; the chaplains will be responsible for satisfying the spiritual and religious needs of the troops; military chaplains will not be given any weapons and ammunition, nor can they be required to be on duty, perform any duty-related tasks or conduct official investigations.
FOR (+) No. 4626: Until now, military chaplains have not been entitled to appropriate social protection, because they stay on the frontline as civilians or volunteers; the bill will be conducive to enhancing moral and spiritual support for servicepersons.
AGAINST (–) No. 4626: The bill provides that the activities of the military chaplains will be funded from the State Budget; this means unification of the state and the church, which is at odds with the Constitution; on June 6, 2019, the VR of the previous convocation adopted in the first reading the Draft Law “On Military Chaplainship” (registration No. 10244-1), which aims to regulate the same issues that are addressed by the bill under review; it specified that “if a chaplain has received information that a criminal offense may have been committed, the chaplain shall be relieved from the duty not to disclose that information”; yet paragraph 2 of the same Article states that “information received by a chaplain during a confession shall not be disclosed”; moreover, pursuant to the Law of Ukraine “On Freedom of Conscience and Religious Organizations,” “no one shall have the right to demand from clerics any information they have received in the course of a believer’s confession”; the State Border Service of Ukraine is defined as a military formation, while it has the status of a special-purpose law enforcement body.
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15. Draft Law No. 4185 (Y. Cherniev) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON THE PROTECTION OF CONSUMERS’ RIGHTS’ REGARDING WARRANTIES IN ELECTRONIC FORMAT” – the bill provides for the possibility to provide accompanying documents for technically complex household goods, warranty cards in electronic format rather than on paper; it will still be possible to obtain such documents in paper form at the request of the consumer; according to the bill, in the case of warranties in electronic format, the manufacturer must provide for the possibility to register the purchased product on the official website.
FOR (+) No. 4185: Digitalization of business processes; people will no longer have to keep user guides, warranties and other documents in paper form for many years.
AGAINST (–) No. 4185: The implementation of this project will only be possible if the manufacturers themselves switch to electronic versions of such documents and warranty cards; it should be assumed that the registration of purchased goods and the storage of electronic warranties should be provided not on the official website of the manufacturer but on the official website of the seller/maintenance center authorized by the manufacturer in Ukraine, as most industrial companies have no official maintenance centers in Ukraine – they only authorize certain companies in Ukraine to perform repairs of equipment they manufactured.
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16. 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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17. Draft Law No. 4396 (P. Yurchyshyn) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE ON IDENTIFICATION AND REGISTRATION OF ANIMALS” – the bill establishes unified rules of state oversight and control of the identification and registration of animals in the farms of market operators; specifies the components of the system of identification and registration of animals; provides for the detection, localization, control and elimination of animal diseases; introduces compensation by the state for the cost of identification and registration of animals of individuals and legal entities; envisages the provision of up-to-date information on farm animals, as well as data on their owners, location, movement, sale, slaughter of such animals; introduces an animal insurance system.
FOR (+) No. 4396: The bill brings the legislation in compliance with EU requirements; strengthens state registration and control of the movement of animals, of the epizootic situation in the country as regards dangerous animal diseases; the population will receive safe food products of animal origin; also, the bill increases the competitiveness of the country’s livestock products on the world markets; provides for additional State Budget revenues.
AGAINST (–) No. 4396: Higher cost of services for village residents breeding cattle for personal use of the products; the bill will lead to a reduction of the cattle population because of breeding difficulties or villagers’ unwillingness to implement identification measures and to conduct veterinary and sanitary measures; on the whole, the bill will lead to higher prices for products of animal origin; additional spending from the State Budget on conducting identification and registration of cattle, horses, pigs, sheep and goats bred by individuals and legal entities.
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18. Draft Law No. 3403 (A. Kozhemiakin) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING ARTICLE 2 OF THE LAW OF UKRAINE ‘ON THE LEGAL REGIME OF PROPERTY IN THE ARMED FORCES OF UKRAINE” – the bill aims at legislative regulation of transfer to physical culture and sports establishments with shooting/biathlon sectors of AFU ammunition that must be disposed of.
FOR (+) No. 3403: Provision of shooting/biathlon sectors for free with bullets and, as a consequence, better logistical support for such sectors; saving money on the purchase of bullets for athletes – and on the other hand, no need to dispose of them and hence more economy.
AGAINST (-) No. 3403: No specific information is provided on the type or caliber of the ammunition; no requirements are specified regarding the ammunition to be transferred; however, there may be a variety of reasons for the need to dispose of ammunition, for example, its being unfit for use.
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19. Draft Law No. 5099 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a basis, having regard to the proposals of the Committee) “ON ANTI-DOPING ACTIVITIES IN SPORTS” – the bill expands and defines more clearly terms related to anti-doping activities, specifies the status of the National Anti-Doping Center as a specialized state institution organizing and conducting anti-doping control in sports and the status of the Supervisory Board of such center (9 members appointed for a 3-year term – 1 person representing each of the following: the Ministry of Youth and Sports; the Ministry of Health; the Ministry of Internal Affairs; the relevant Committee of the Verkhovna Rada; 1 athlete who is no longer active, upon submission from the NOC’s Commission of Athletes; the NOC; the National Academy of Sciences; the Committee for Sports; and the National Committee for Sports of the Disabled); forms the Disciplinary Anti-Doping Commission and the Appellate Anti-Doping Commission, the Nomination and Therapeutic Committee and specifies their workflow; provides for the operation of the Anti-Doping Control Laboratory; the Ministry of Youth and Sports will establish a National Anti-Doping Control Laboratory, which will study the effects of doping on the human body, conduct research and development for the purpose of preventing the use of doping; a Supervisory Board will be formed at that laboratory as an advisory body (5 members to be appointed by the Cabinet of Ministers for 5 years based on submission from the Ministry of Youth and Sports, the relevant Committee of the Verkhovna Rada, the National Academy of Medical Sciences, the National Academy of Sciences, and the Taras Shevchenko National University of Kyiv).
FOR (+) No. 5099: Updating the Ukrainian legislation in accordance with the World Anti-Doping Code and the International Convention against Doping in Sport; introduction at the state level of testing of athletes, research into the impact of doping on humans; no additional spending from the budget will be required – the activities will be financed within the available funding of the Ministry of Youth and Sports.
AGAINST (–) No. 5099: Appointment to the Supervisory Board of a person from a specific institute of higher education which is unjustifiably separated from others; the bill contains definitions of terms (doping control, doping in sports, testing, etc.) which are already part of the national legislation, as they are set out in the International Convention for the Suppression of Doping in Sport which was ratified by Ukraine; proposes entrusting the Ministry of Health with informational and explanatory work in the sphere of doping prevention, but in accordance with Cabinet of Ministers Resolution No. 220 of July 2, 2014, this power is assigned to the Ministry of Youth and Sports; inconsistency of the norm on empowering the Verkhovna Rada Committee to delegate members to the Supervisory Boards.
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20. Draft Law No. 4323 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE REGARDING APPLICATION TO CONVICTS AND DETAINED PERSONS OF FORCIBLE FEEDING MEASURES” – the bill specifies that forcible feeding in respect of a convict who has declared refusal to consume food can only be used on the basis of a court ruling delivered on the basis of a doctor’s conclusion that such convict is under threat of considerable deterioration of health and there is a threat to the convict’s life; the principal of the penitentiary is obliged to reveal the reasons for convicts’ hunger strike, informing the prosecutor – and if the person on hunger strike is a minor, then the relevant children’s services as well – of the court decision to use forcible feeding; also, the principal must report the situation to the VR Commissioner for Human Rights.
FOR (+) No. 4323: The bill specifies the legal grounds for forcible feeding as well as the conditions for the maintenance of convicts refusing to eat; care for the health of certain convicts.
AGAINST (–) No. 4323: The bill is related in a systematic way to Draft Law No. 4324 (“On Amending the Criminal Procedural Code of Ukraine Regarding Application to Convicts and Detained Persons of Forcible Feeding Measures”) and so the two bills should be considered together.
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21. Draft Law No. 5415 (M. Radutskyi) (first reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING ARTICLE 39 OF THE LAW OF UKRAINE ‘ON PROTECTION OF THE POPULATION AGAINST INFECTIOUS DISEASES’ TO REGULATE CERTAIN ISSUES OF SOCIAL PROTECTION OF HEALTHCARE WORKERS AFFECTED BY THE CORONAVIRUS DISEASE” – the bill provides that payments to persons with disability resulting from COVID-19 are to be calculated with consideration for the minimum subsistence level established for able-bodied persons as of January 1 of the calendar year in which the individual’s category of disability was determined (previously, the Law specified “as of January 1 of the calendar year”).
FOR (+) No. 5415: The bill is of a technical nature; the explanation for changing the norm consists in that it is quite often that healthcare workers are affected by a disease in a particular year, but receive the Medico-Social Expert Commission’s decision on disability the next year and so in such situation the Fund has no legal grounds to make respective payments for the previous year, because the category of disability was determined after the end of the calendar year.
AGAINST (–) 5415: No negative points.
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22. 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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23. Draft Law No. 4458 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING ARTICLE 164-12 OF THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES TO EXPAND THE LIST OF VIOLATIONS OF THE BUDGET LEGISLATION” – the bill provides for liability for violating the established deadlines and the procedure for submission of financial and budget reports of budgetary institutions and/or liability for submission of incomplete reports in the form of a fine from 510 to 1,190 UAH.
FOR (+) No. 4458: The bill will promote budgetary discipline of administrators of budget funds; according to the Budget Code, the aforementioned actions are violations of the budget legislation, but no liability has been previously established for such violations.
AGAINST (–) No. 4458: More opportunities for officials of the State Auditing Service working with relevant administrative materials to put pressure on respective budgetary institutions.
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24. Draft Laws Nos. 5123 (S. Kuzminykh) and 5123-1 (T. Plachkova) (first reading; the Committee recommends that No. 5123-1 be adopted as a basis) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES TO ESTABLISH LIABILITY FOR THE SALE (RELEASE) OF PHARMACEUTICAL PRODUCTS TO MINORS” – the bill establishes a fine in the amount of 6,800–13,600 UAH for selling (including through the Internet) and for delivery of pharmaceutical products to minors; and if such offense is committed by a person previously held liable for a similar offense, the amount of the fine will be 13,600–23,800 UAH; the consideration of such cases is entrusted to courts, while police officers are authorized to prepare relevant administrative materials.
FOR (+) No. 5123: Restriction of children’s access to life-threatening pharmaceuticals.
AGAINST (–) No. 5123: Absence of a comprehensive approach and explanatory work to prevent situations of uncontrolled abuse of medications by minors; pharmaceuticals include antiseptics, vitamins and other products that are completely safe for children; the bill is in fact a derivative of No. 5122, which establishes prohibition on the sale of pharmaceutical products to minors and so it is deemed appropriate to consider them together.
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25. Draft Law No. 3200 (O. Bondarenko) 3200-1 (S.Litvinenko) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO IMPROVE THE LEGISLATION IN THE SPHERE OF HUNTING INDUSTRY AND HUNTING AND PREVENTING ILLEGAL HUNTING” – the hunting quotas and norms for even-hoofed mammals during the hunting season will be established by local self-government bodies in coordination with the local branch of the State Forestry Agency based on proposals from the hunting grounds users themselves; the bill prohibits the use during a hunting session of optoelectronic devices and night vision devices; establishes the procedure for the calculation of the amount to be paid for using hunting grounds (for 1 hectare: forests, 10% of the non-taxable minimum salary; fields, 8%; wetlands, 5%); designates local self-government bodies as the receiver of the funds paid for using hunting grounds; establishes the maximum limits for the number of hunted animals included in the State Hunting Fund; provides for an approximately tenfold increase in the amount of hunting ground users’ contributions to the implementation of comprehensive measures aimed at restoration of game animals, preservation and improvement of their living environment; increases administrative liability for violating the hunting rules; strengthens criminal liability for conducting illegal hunting; and increases the mandatory contributions to comprehensive measures aimed at restoration of the hunting environment.
FOR (+) No. 3200: Establishing the procedure for the calculation of the payment for using hunting grounds; increased local budget revenues; providing local self-government bodies with wider opportunities for implementing measures to protect the State Hunting Fund; strengthened administrative liability for violation of hunting rules and criminal liability for conducting illegal hunting.
AGAINST (–) No. 3200: The daily shooting quota of one hunter implies killing a lot more animals than allowed by the quota established for the entire hunting season; the bill regulates issues that are normally dealt with in secondary legislation, e.g. quotas for the number of hunted animals.
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26. 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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27. Draft Laws Nos. 4668 (Cabinet of Ministers) and 4668-1 (N. Korolevska) (first reading; the Committee has not considered these bills yet) “ON AMENDING CERTAIN LAWS OF UKRAINE TO IMPROVE THE PENSION LEGISLATION” – the bill establishes March one as the date for the annual indexation of pensions; adds servicepersons, public servants and scientists; to the list of individuals entitled to pension indexation on the general terms grants early pensions 1.5 years before the onset of retirement age to persons dismissed due to incompatibility with their position for health reasons, provided that they have sufficient length of insurance, and to persons dismissed in connection with changes in the organization of production. A parent raising children with a severe, rare disease who have not been diagnosed with a disability will also be entitled to an early retirement pension. The bill increases the age limit for identifying a child as a person with a disability from childhood from 16 to 18 years. Disabled family members can also include a husband/wife/father/mother who has attained the age of 65. The bill eliminates the difference in the amount of benefits for the same length of later retirement.
FOR (+) No. 4668: The bill regulates the issues of indexation payment and defining equal conditions for its granting; increases the material support for families raising a seriously ill child who has not been diagnosed with a disability.
AGAINST (–) No. 4668: The initiators of the bill rely on the expected GDP growth rather than on the available budget resources; the bill will require additional spending of 0.5 billion UAH.
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28. Draft Laws Nos. 3515 (H. Tretiakova), 3515-1 (N. Korolevska) (first reading; the Committee proposes that No. 3515 be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO REGULATE ISSUES PERTAINING TO FORMATION OF THE MINIMUM SUBSISTENCE LEVEL AND CREATION OF PREREQUISITES FOR ITS INCREASE” – the bill proposes making amendments to 46 legislative acts; introduces a new methodology for calculating the minimum subsistence level – amounting to no less than 40% of the average monthly salary in Ukraine in 2021 with gradual increase to 50% in 2031; fines, monetary sanctions and payment for administrative services will be linked to a calculation unit to be approved by the Law on the State Budget.
FOR (+) No. 3515: Increased social protection and level of financial support for the most vulnerable categories of citizens; separation of the minimum salary from the minimum subsistence level; canceling the use of the minimum subsistence level as a value for calculation of salary rates for state- financed employees, employees of state bodies and servicepersons.
AGAINST (-) No. 3515: Presence of value judgments in the new determination of the minimum subsistence level as “an acceptable level of expenses allowing maintenance of sufficient standards of human living characteristic of society”; absence of funds in the State Budget for implementing a considerable increase in officials’ salaries; no justification for the introduction of a unified minimum subsistence level regardless of the main social and demographic population groups (children of different ages, able-bodied and incapacitated population).
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29. Draft Law No. 4465 (O. Fediyenko) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING OF THE LAW OF UKRAINE ‘ON TELECOMMUNICATIONS’ AND SOME OTHER LAWS (AS TO MONITORING THE QUALITY OF MOVABLE (MOBILE) COMMUNICATION SERVICES” – the bill establishes that the National Commission for the State Regulation of Communications and Informatization will approve the procedure for monitoring mobile communication quality, request such monitoring, and authorize the State Enterprise “Ukrainian State Radio Frequency Center” to conduct it; specifies that unscheduled inspections on the telecommunications market can be performed on the basis of a written request from the SE “USRFC” mentioning signs of violations based on the results of a conducted monitoring.
FOR (+) No. 4465: Real monitoring of the quality of mobile communication services; providing the Ukrainian population with quality mobile communication and Internet connection.
AGAINST (–) No. 4465: The conduct of relevant monitoring will require allocation of additional funds from the State Budget; improvement of Internet connection will necessitate considerable investments of providers in equipment.
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30. Draft Law No. 5200 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE TO BRING PAYMENT FOR SPECIAL USE OF ANIMAL WORLD OBJECTS AND NATURAL PLANT RESOURCES IN COMPLIANCE WITH THE BUDGET CODE OF UKRAINE” – a purely technical bill; amendments are made to the Laws “On the Animal World,” “On Hunting Industry and Hunting,” and “On the Plant World,” replacing the word “collection” with the word “payment” in respective grammatical cases.
FOR (+) No. 5200: The aforementioned Laws are aligned with the Budget Code.
AGAINST (–) No. 5200: In the Tax Code, the terms “collection” and “payment” are used as equivalents, without specifying any differences between them; therefore, the expediency of the said changes is not convincing.
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31. Draft Law No. 5002 (Y. Kravchuk) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE “ON LIBRARIES AND LIBRARY SERVICES” – the bill expands/updates the respective nomenclature, adds a number of terms: “library point,” “electronic database,” “electronic document,” “artifact book,” “national bibliography”; introduces a modern classification of libraries by forms of ownership and public purpose; provides that the process of reorganization or liquidation of public libraries should be considered from the public viewpoint; provides for the digitization of library collections and the creation of the National Electronic Library; proposes consolidating the functions of regional universal scientific libraries as the main regional libraries; provides additional benefits for library employees.
FOR (+) No. 5002: The bill transforms classical community libraries into modern cultural centers – hubs where local residents can take computer courses, watch movies or presentations; protects libraries from chaotic shutdowns; strengthens social protection of library staff.
AGAINST (–) No. 5002: The Draft Law will require extra spending from the State Budget; a part of its provisions contain evaluative judgments; it is not clear how the norm obliging libraries to conduct computer courses for the population can be implemented in practice and in technical terms.
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32. 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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33. Draft Law No. 5266 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO STRENGTHEN THE PROTECTION OF EMPLOYEES’ RIGHTS” – the bill establishes an employer’s obligation to familiarize his/her employee with the text of the collective employment agreement (liability for violation: 170 UAH + disciplining) and provides for the possibility to copy the agreement; sets the length of the validity of the collective agreement as no less than one year in case of reorganization or change of ownership of the legal entity; obliges employers to notify a trade union representative of a planned large- scale dismissal; provides for non-discrimination in job advertisements; empowers persons who have been discriminated against in employment to seek restoration of violated rights, compensation for material and moral damage in court; the procedure for concluding a fixed-term employment contract and passing the employment test is simplified.
FOR (+) No. 5266: The bill is aimed at strengthening the protection of employees’ rights; it is in line with the international practice and the challenges of the time; also, it provides for the liberalization and modernization of labor legislation.
AGAINST (–) No. 5266: The algorithm of large-scale dismissal provides for various approaches (involving percentages as well as absolute numbers of employees), violating the principle of equality.
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34. . Draft Law No. 4428 (Cabinet of Ministers) (first reading; the Committee
proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE
ACTS OF UKRAINE ON SOME ISSUES OF INTERNATIONAL JUDICIAL COOPERATION” – the
bill regulates the procedure for sending summonses, notices, as well as court
decisions to persons residing or staying abroad and the procedure for serving
documents, obtaining evidence, or performing certain procedural actions in
respect of persons involved in a case who enjoy judicial immunity (this will
be carried out through diplomatic channels, via the Ministry of Foreign
Affairs); stipulates that documents received by a court from a competent
authority of a foreign state for the execution of a court order do not require
legalization/
apostille; supplements the list of grounds for refusal to execute an order of
a foreign court with another ground: if its execution is incompatible with the
fundamentals of law and order in Ukraine; clarifies that the funds collected
from a debtor can be transferred to an account in financial institutions
located in Ukraine or in a foreign country.
FOR (+) No. 4428: The bill provides for respect for the rights and interests of participants in proceedings, in particular the right of persons staying abroad to receive notifications in the case through the Unified Judicial Information and Telecommunication System.
AGAINST (–) No. 4428: The bill provides for refusal to execute the order of a foreign court if the order is clearly incompatible with the fundamentals of law and order in Ukraine, but it is unclear who in fact has the right to find such an order incompatible with the fundamentals of law and order.
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35. Draft Law No. 4256 (V. Tsabal) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON LOCAL SELF-GOVERNMENT IN UKRAINE’ TO ENSURE THE TRANSPARENCY AND OPENNESS OF LOCAL COUNCILS BY DESIGNATING PERSONS RESPONSIBLE FOR ANNOUNCING THE RESULTS OF ROLL-CALL VOTING” – the bill adds to the list of duties of the secretary of a village, settlement, or city council, as well as the head of a rayon, oblast, or city rayon council the duty to announce the results of roll-call voting of deputies at plenary meetings of the respective council.
FOR (+) No. 4256: The bill creates an additional mechanism for the implementation of the principle of transparency and openness in the activities of local self-government bodies.
AGAINST (–) No. 4256: The bill reduces the forms of announcement of information on voting to a single form, which may have a negative impact on accessibility of relevant information for certain categories of citizens.
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36. Draft Law No. 5199 (M. Yefimov) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON INTERIM MEASURES FOR THE PERIOD OF CONDUCT OF THE ANTI-TERRORIST OPERATION’ TO RESTORE THE LEGITIMATE RIGHTS AND FREEDOMS OF CITIZENS AS TO MANAGING THEIR OWN PROPERTY AND RECEIVING CREDIT SERVICES” – the bill uplifts the moratorium on accrual of fines and penalties on the loan amount and the moratorium on the acquisition by the mortgagee of the title to the mortgage, or eviction of residents from mortgage housing in case of the coming into force of a court decision on foreclosure on such mortgage for the period of the ATO in respect of agreements concluded by citizens residing within territories of the ATO (except for uncontrolled territories and settlements located on the line of contact, if such agreements were concluded after May 1, 2021 or amended after that date to extend obligations and/or to reduce the rates of interest or of penalties).
FOR (+) No. 5199: The bill restores the legitimate rights and freedoms of citizens as to managing their property and receiving credit services; regulates the issue of providing real estate objects for existing and new mortgage agreements.
AGAINST (–) No. 5199: The bill is likely to restrict state guarantees for the protection of the rights of persons residing in the ATO territories, since it limits the effect of the moratorium on accrual of fines on credits as well as on sale of mortgaged property.
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37. Draft Resolution No. 4488 (Cabinet of Ministers) “ON THE ESTABLISHMENT OF THE LIMITS OF THE TOWN OF POPASNA, SIEVIERODONETSKYI RAYON, LUHANSK OBLAST” – the bill establishes the limits of the town of Popasna, inasmuch as they have not been established and legally entrenched.
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38. Draft Resolution No. 2715 (A. Klochko) “ON RENAMING THE VILLAGE OF MARMUZOVYCHI, BUSKYI RAYON, LVIV OBLAST” – the bill proposes renaming the village of Marmuzovychi to Andriyivka.
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39. Draft Resolution No. 5075 (A. Klochko) “ON RENAMING THE VILLAGE OF BOLHARKA, BERDIANSKYI RAYON, ZAPORISHIA OBLAST” – the bill proposes renaming the village of Bolharka to Sofiyivka.
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40. Draft Resolution No. 5077 (A. Klochko) “ON RENAMING THE VILLAGE OF STARYI CHORTORYISK, KAMIN-KASHYRSKYI RAYON, VOLYN OBLAST” – the bill proposes renaming the village of Staryi Chortoryisk to Chartoryisk.
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41. Draft Resolution No. 5078 (A. Klochko) “ON RENAMING THE VILLAGE OF KHYMCHYN, KOSIVSKYI RAYON, IVANO-FRANKIVSK OBLAST” – the bill proposes renaming the village of Khymchyn to Khimchyn.
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42. Draft Resolution No. 5079 (A. Klochko) “ON RENAMING THE VILLAGE OF POMYNYK, UMANSKYI RAYON, CHERKASY OBLAST” – the bill proposes renaming the village of Pomynyk to Kalynivka.
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43. Draft Resolution No. 5082 (A. Klochko) “ON RENAMING THE VILLAGE OF KYIDANTSI, KOLOMYISKYI RAYON, IVANO-FRANKIVSK OBLAST” – the bill proposes renaming the village of Kyidantsi to Kidanch.
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44. Draft Law No. 0085 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a whole) “ON WITHDRAWAL FROM THE AGREEMENT ON THE MAIN DIRECTIONS OF COOPERATION OF MEMBER STATES OF THE COMMONWEALTH OF INDEPENDENT STATES IN THE SPHERE OF PROTECTION OF CONSUMERS’ RIGHTS” – the bill proposes withdrawing from the Agreement “On the Main Directions of Cooperation of Member States of the Commonwealth of Independent States in the Sphere of Protection of Consumers’ Rights.” The Draft Law was developed in execution of Decree of the President of Ukraine No. 139 dated May 19, 2018, “On Decisions of the National Security and Defense Council of May 2, 2018, ‘On Termination for Ukraine of Certain International Agreements Concluded within the Framework of the Commonwealth of Independent States’.
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45. Draft Law No. 0088 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a whole) “ON WITHDRAWAL FROM THE AGREEMENT ON COOPERATION IN THE SPHERE OF LEGAL PROTECTION AND DEFENSE OF INTELLECTUAL PROPERTY AND CREATION OF AN INTERSTATE COUNCIL ON LEGAL PROTECTION AND DEFENSE OF INTELLECTUAL PROPERTY” – the bill proposes withdrawing from the Agreement “On Cooperation in the Sphere of Legal Protection and Defense of Intellectual Property and Creation of an Interstate Council on Legal Protection and Defense of Intellectual Property.” The adoption of the bill will be instrumental in bringing the international treaty framework within the CIS in compliance with the current state of relations among the member countries.
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46. Draft Law No. 0091 (President) (first reading; the Committee proposes that the bill be adopted as a whole) “ON ACCESSION OF UKRAINE TO THE INTER- AMERICAN CONVENTION ON SUPPORT OBLIGATIONS” – the bill proposes accession to the Inter-American Convention on Support Obligations; this will be instrumental in regulating the issue of collection of support in cases when persons entitled to receive support and persons obliged to provide support live in Member States to the Convention, for example the issue of enforcement of decisions on collection of alimony.
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47. Draft Law No. 0092 (President) (first reading; the Committee proposes that the bill be adopted as a whole “ON RATIFICATION OF THE CONVENTION ON CHOICE OF COURT AGREEMENTS” – the bill proposes ratifying the Convention on Choice of Court Agreements; it will be conducive to recognition and enforcement in foreign states of judicial decisions delivered by Ukrainian courts and will ensure recognition and enforcement in the Member States of decisions in civil and economic cases delivered by courts specified in an agreement on choice of court.
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48. Проект Закону 0075 (Президент) (перше читання, Комітет пропонує прийняти в цілому) ПРО РАТИФІКАЦІЮ МЕМОРАНДУМУ ПРО ВЗАЄМОРОЗУМІННЯ МІЖ УКРАЇНОЮ ТА ЄВРОПЕЙСЬКИМ ПОЛІЦЕЙСЬКИМ ОФІСОМ СТОСОВНО КОНФІДЕНЦІЙНОСТІ ТА ЗАБЕЗПЕЧЕННЯ ЗБЕРЕЖЕННЯ ІНФОРМАЦІЇ – пропонується ратифікувати Меморандум із заявою щодо тлумачення власників інформаційних активів та визначення уповноважених органів України з безпеки інформації, а також суб’єктів, відповідальних за управління інформаційними ризиками, акредитацію інфосистем з обробки інформації з обмеженим доступом, безпеку інформації в електронному вигляді, обробку криптографічного матеріалу під час обміну інформацією між Європолом та компетентними органами України.
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49. Draft Law No. 0089 (President) (first reading; the Committee proposes that the bill be adopted as a whole) “ON RATIFICATION OF THE AGREEMENT BETWEEN UKRAINE AND THE REPUBLIC OF FINLAND ABOUT MUTUAL PROTECTION OF LIMITED ACCESS INFORMATION” – the bill proposes ratifying an agreement that will ensure parity of measures aimed at mutual protection of limited access information being transferred or created in the course of cooperation between Ukraine and the Republic of Finland.
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50. Draft Law No. 0090 (President) (first reading; the Committee proposes that the bill be adopted as a whole) “ON RATIFICATION OF THE PROTOCOL ON AMENDING THE CONVENTION BETWEEN UKRAINE AND THE KINGDOM OF THE NETHERLANS ON AVOIDANCE OF DUPLICATE TAXATION AND PREVENTING TAX EVASION IN RESPECT OF INCOME AND PROPERTY TAXES” – the Protocol amends the current Convention – in particular, the general interest tax rate is increased from 2% to 5%; dividend taxation is established at the rate of 5% – if the actual owner of the dividends is a company directly owning at least 20% of the company’s capital, and 15% – in all other cases; royalty tax is set at rates of 5% and 10%; a new version of the article on the exchange of information is adopted, which provides for a considerable expansion of the capacity of the competent authorities regarding the exchange of tax information
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5 1. Draft Law No. 0094 (President) (first reading; the Committee proposes that the bill be adopted as a whole) “ON UKRAINE’S ACCESSION TO THE CONVENTION ON THE EUROPEAN FOREST INSTITUTE” – the bill provides for Ukraine’s joining the European Forest Institute. The activities of the Institute are aimed at developing a European-wide forest policy and consolidation of modern scientific knowledge about forests in Europe.
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52. Draft Law No. 0098 (President) (first reading; the Committee recommends that the bill be adopted as a whole) “ON RATIFICATION OF THE PROTOCOL ON THE ACCESSION OF THE EUROPEAN COMMUNITY TO THE EUROCONTROL INTERNATIONAL CONVENTION RELATING TO COOPERATION FOR THE SAFETY OF AIR NAVIGATION OF DECEMBER 13, 1960” – the bill provides for the ratification by Ukraine of the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation.
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53. Draft Law No. 0102 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a whole) “ON RATIFICATION OF THE AGREEMENT BETWEEN THE CABINET OF MINISTERS OF UKRAINE AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON FINANCIAL COOPERATION (APPROPRIATIONS 2012-2019)” – the ratification of the Agreement will create legal grounds for attracting credit resources totaling up to 214.55 million euros and grants totaling up to 38.9 million euros by concluding separate credit and other agreements with KfW; these projects also provide for the possibility of further attracting financial resources from KfW; the terms of crediting under the investment projects: loan repayment period – 30 years; privilege period – 10 years; interest rate – 2% per year; commission fee on unpaid loan amounts – 0.25% per year.
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54. Draft Law No. 5164 (Cabinet of Ministers) (first reading; the Committee proposes that the bill The committee will be on May 19 at 3:30 p.m.) “ON AMENDING THE LAW OF UKRAINE ‘ON PHYSICAL CULTURE AND SPORTS’ (TO REGULATE THE ACTIVITIES OF SPORTS CLUBS AND SPORTS FEDERATIONS AND MORE CLEARLY DEFINE CERTAIN PROVISIONS)” – the bill defines more clearly the powers of the Ministry of Youth and Sports and the Ministry of Education; determines the mechanisms for the implementation of the Council of Europe Convention against Manipulation of Sports Competitions and the International Convention for the Suppression of Doping in Sport; expands the rights of sports clubs as subjects of physical culture and sports providing various physical culture and sports services to different groups of the population; expands the powers of national sports federations, empowering them to: approve the rules of sports competitions; organize and hold championships of Ukraine, other sports events in Ukraine in the relevant Olympic, non-Olympic, national sports; recruit national teams of Ukraine on a competitive basis; assign qualification categories to sports judges, etc.
FOR (+) No. 5164: The bill provides details regarding the areas of activities of certain subjects of physical culture and sports; expands the powers of sports federations; improves the information and logistical support in the sphere of physical culture and sports.
AGAINST (–) No. 5164: The bill mentions the National Platform for Preventing Manipulation of Sports Competitions; however, neither the subsequent text of the Draft Law nor the current version of the Law contains any provisions regulating the procedure for its creation and functioning; the bill provides that the National Olympic Committee “shall determine whether a subject belongs to the Olympic Movement,” but fails to provide any details as to how such “belonging” should be interpreted.
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55. 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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56. Draft Laws 3077 and 3077-1 (1st reading, the Committee recommends that both bills be returned to their authors) ON INTRODUCING CHANGES TO THE LAW OF UA "ON EDUCATION" TO PROVIDE FOR THE PROTECTION OF LANGUAGE RIGHTS OF NATIONAL MINORITIES – the bill grants the status of educational process languages to regional languages and languages of national minorities.
FOR (+) 3077: can have a social effect within national minorities and indigenous peoples.
AGAINST (-) 3077: decrease in the extent of education provided in the state language, i.e. Ukrainian; the Constitutional Court of UA found that the norms which are proposed to be changed do comply with the Constitution of UA (i.e. that they are constitutional).
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57. Draft Law No. 3257 (V. Koliukh) (first reading; the Committee recommends that the bill be returned for revision) “ON AMENDING THE LAW OF UKRAINE ‘ON SCIENTIFIC AND SCIENTIFIC-TECHNICAL ACTIVITIES’ TO REGULATE SCIENTIFIC- ARTISTIC ACTIVITIES” – the bill proposes regulating the specifics of functioning of the National Academy of Arts of Ukraine (below, NAAU) in a way analogous to how the Law of Ukraine ‘On Education’ defines the specifics of functioning of the system of artistic education; the bill provides a definition for the term “scientific-artistic direction of scientific and scientific-technical activities.”
FOR (+) No. 3257: Reforming the scientific sphere and regulating the specifics of functioning of NAAU and prevention of its liquidation.
AGAINST (–) No. 3257: The bill will create an uneven playing field for other sectoral academies, none of which has separate provisions in a Law on the specifics of its functioning.
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58. Draft Laws 3430 and 3430-1 (1st reading, the Committee recommends that both bills be returned to their authors) ON INTRODUCING CHANGES TO THE LAW OF UA "ON UNIVERSAL GENERAL HIGHER EDUCATION" TO RENEW THE RIGHTS OF EDUCATIONAL PROCESS PARTICIPANTS – the bill proposes the exclusion of the norm according to which permanent labor contracts with directors and teachers of state- and municipally-owned institutes of general secondary education be terminated after those persons have reached the age of retirement and are entitled to a pension; and conclusion with them of contracts for one to three years.
FOR (+) 3430: protection of the rights of a particular category of teachers,
AGAINST (-) 3430: need for additional financing from the State Budget without specifying the respective sources.
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59. Draft Law No. 4665 (Y. Tymoshenko) (first reading; the Committee recommends that the bill be returned to its author) “ON AMENDING ARTICLE 32 OF THE LAW OF UKRAINE ‘ON COMPLETE GENERAL SECONDARY EDUCATION’ REGARDING ACCESSIBILITY OF COMPLETE GENERAL SECONDARY EDUCATION” – the bill removes the provision on the impossibility of creation of lyceums (10th-12th grade classes) by local self-government bodies of populated localities with a population less than 50,000, as well as “on the basis of schools” with less than four 10th grade classes; excludes rayon councils from the list of entities providing for the development (deciding on the formation, reorganization, liquidation or repurposing) of the network of communal primary schools and gymnasiums.
FOR (+) No. 4665: The bill will provide for the territorial accessibility of complete general secondary education in populated localities with less than 50,000 residents.
AGAINST (–) No. 4665: The bill is at odds with Part two, Article 66 of the Law of Ukraine “On Education.”
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60. Draft Law No. 4682 (Y. Boiko) (first reading; the Committee recommends that the bill be dismissed) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO ENSURE THE CONSTITUTIONAL RIGHT OF CITIZENS OF UKRAINE TO OBTAIN GENERAL SECONDARY EDUCATION” – the bill guarantees the obtainment of complete secondary education (previously, primary/basic education was guaranteed) in accordance with the principle of territorial accessibility; entrusts the development of the network of communal primary schools, gymnasiums, lyceums, inter alia, to oblast councils; defines the terms “primary school,” “gymnasium,” “lyceum”; entrusts the military-civil administrations with deciding on the creation, reorganization, liquidation or repurposing of institutes of general secondary education.
FOR (+) No. 4682: Expansion of the network of educational institutions providing complete general secondary education.
AGAINST (–) No. 4682: A basic institution of general secondary education will provide not only primary and basic secondary education, but also specialized secondary education, which will require the allocation of additional budget funds; the bill envisages that educational institutions can be both separate legal entities and structural subdivisions of other institutions; it is not clear from the bill, however, what type of institutions is implied; the bill partially rolls back the reforms of the New Ukrainian School.
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61. Draft Law No. 5131 (D. Solomchuk) (first reading; the Committee recommends that the bill be dismissed) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES TO STRENGTHEN LIABILITY FOR VIOLATING THE REQUIREMENTS OF THE LEGISLATION OF UKRAINE ON PHARMACEUTICAL PRODUCTS” – the bill establishes a fine in the amount of 6,800–13,600 UAH for the sale of pharmaceuticals to persons who have not attained the age of 14; the consideration of such cases is entrusted to the State Drugs and Medications Control Service; the Chief State Inspector of Ukraine for Quality Control of Medications and the Inspector’s deputies are authorized to prepare relevant administrative materials.
FOR (+) No. 5131: Restriction of children’s access to life-threatening pharmaceuticals.
AGAINST (–) No. 5131: Absence of a comprehensive approach and explanatory work to prevent situations of uncontrolled abuse of medications by minors; the practical impossibility to enforce, within the framework of this bill, the ban on the purchase of pharmaceuticals in the Internet; pharmaceutical products include antiseptics, vitamins and other products that are completely safe for children and so the ban on the sale of all pharmaceutical products does not look quite logical.
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62. Draft Law No. 3918 (H. Kasai) (first reading; the Committee recommends that the bill be returned to its author for revision) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO IMPROVE THE LEGISLATION IN THE SPHERE OF COMPLIANCE WITH WEIGHT SAND DIMENSION NORMS” – the bill entrusts the resolution of issues related to granting permission to drive on motor roads of Ukraine when exceeding the weight or dimensions restrictions in the process of transporting goods exclusively to the Unified Settlement Center, which is a structural unit of the Ministry of Infrastructure. The USC will receive in contactless form requests for such transportation, automatically determine the route for the transportation and issue an invoice for the payment of the fee, as well as redistribute the paid amounts between road owners in accordance to the specified route and the proportional distance that will be covered by the vehicle; such permission must be issued separately for each shipment for the entire route with the obligatory indication of the consignor, consignee, points of loading and unloading, name of the cargo and its quantity; the information will be duplicated in each consignment note; during domestic shipments, the consignor, carrier and consignee will be prohibited from exceeding the statutory weight or dimensions norms.
FOR (+) No. 3918: The bill introduces procedures for granting permission to drive on motor roads of Ukraine when exceeding the weight or dimensions restrictions in the process of transporting goods when transporting goods; increase in revenues of road management bodies of Ukraine.
AGAINST (–) No. 3918: Absence of a clear definition of the organizational and legal status of the USC, the source of funding for the creation of the center and for its activities; there is no provision as to when the Law will come into force.
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63. Draft Law No. 2765 (O. Marikovskyi) (second reading; the Committee recommends that the bill be referred to repeat second reading) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE REGARDING PROTECTION OF AQUATIC BIORESOURCES AND THEIR HABITAT” – the bill strengthens the fight against poaching and damage to the environment; among other things, it adds to the Criminal Code a new Article on poaching in the territory of nature reserves – the punishment can be a sentence of up to three years in prison; fines for exceeding the limits of use of natural resources, for violating the rules of protection of water resources are increased – in particular, for garbage thrown into a river, the administrative fine will be increased from 119 to 1,700 UAH; for illegal hunting – poaching, from 170 to 2,550 UAH, and for illegal fishing – poaching, up to 8,500 UAH.
FOR (+) No. 2765: The bill increases penal sanctions for serious offenses – fines for such offenses have so far been minimal and economically unjustified; the fight against illegal animal/plant trafficking will improve Ukraine’s image at the international level.
AGAINST (–) No. 2765: The bill empowers the relevant central executive body to confiscate the means of committing an offense, but according to the Code of Ukraine on Administrative Offenses, such confiscation can only be applied by a court decision.
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64. Draft Law No. 4220 (President of Ukraine) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO REGULATE SOME ISSUES OF BANKRUPTCY PROCEDURES FOR THE PERIOD OF IMPLEMENTATION OF MEASURES AIMED AT PREVENTING THE EMERGENCE AND SPREAD OF THE CORONAVIRUS DISEASE COVID-19” – the bill specifies that during the quarantine period, the participation in remote meetings of creditors will require certification of the identity and authority of a participant in the meeting on the basis of documents certifying the identity and authority of the person using electronic digital signature; if the participant does not have an EDS, the identification will be performed in accordance with the Law “On the Unified State Demographic Register and Documents Confirming the Citizenship of Ukraine, Certifying the Identity or Special Status of the Person”; also, the bill sets out details of the procedure for holding a general meeting of creditors in the form of answers to questions (provided that the recipient of the correspondence is duly identified); proposes resuming the possibility of initiating bankruptcy proceedings against debtors that are legal entities at the request of creditors with claims against the debtor arising from March 12, 2020 (according to the current Final and Transitional Provisions of the Code, there is no such possibility during the quarantine period and 90 days after its cancellation); releases the bankruptcy administrator from disciplinary liability (now the administrator is released from any liability) for failure to act if this failure resulted from the quarantine.
FOR (+) No. 4220: Creation of conditions for protection by economic subjects of property rights and the right to repay debts; ensuring equality before the law and the court in the course of implementation of bankruptcy procedures; granting the right to use the electronic digital signature (EDS) to certify the identity and authority of the participant in the meeting (committee session) of creditors; restoration of the possibility of initiating bankruptcy proceedings against debtors that are legal entities at the request of creditors with claims against the debtor arising from the day of imposition of the quarantine.
AGAINST (–) No. 4220: Duplication of certain norms that are already in force, which may complicate the practical implementation of the Law; the procedure for identifying a person without EDS is not specified – only a reference to the Law of Ukraine “On the Unified Demographic Register…” which does not set out such a procedure; and information from the Register can only be used with the consent of the person concerned or in the interests of national security, economic wellbeing, and protection of human rights.
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65. Draft Law No. 4409 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE CODE OF UKRAINE ON BANKRUPTCY PROCEDURES” – the bill introduces the automated system “Bankruptcy and Insolvency,” expands the sources for payment of remuneration to the bankruptcy administrator (BA) through the sale of the debtor’s property, which is pledged to the bank; adds to the Code on Bankruptcy Procedures a permanent norm on the appointment of a BA at the request of the initiating creditor or debtor – an individual (as of today, an analogous norm is in force under Law No. 86-IX of June 5, 2020, but it is a temporary one, valid until the date of the Unified Judicial Information and Telecommunication System starts to operate); expands the powers of the BA and the restriction of oversight of BAs’ work for creditors, the BAs’ right not only to convene but also to hold a meeting or a committee session of the creditors, the right to determine the terms of sale of the bankrupt person’s property, including in the form of a single property complex or its separate parts; cancels the necessity for the BA to coordinate with the secured creditor the expenses related to maintaining and selling the collateral; a 2-fold increase – from 5% to 10% – of the BA’s fee for the return to the debtor of property held by third parties; changes the order of satisfaction of creditors’ claims, the accumulation on the debtor’s account of funds necessary for full repayment of the claims of same-order creditors – and after that, the satisfaction of those claims within 10 days; provides for the holding of a second re-auction with the possibility of reducing the starting price without determining the marginal value; transfers to the ownership of the territorial community the debtor’s property discovered after the completion of the bankruptcy case.
FOR (+) No. 4409: Aligning the current legislation with world trends; ensuring a unified approach to the application of the norms of the Code; formation of the Unified Register of Debtors, the Unified Register of Bankruptcy Administrators of Ukraine, the functioning of the electronic cabinet of bankruptcy administrators, which eliminates corruption components; transparent collection, storage, search, generalization, provision of information on the progress of bankruptcy proceedings; the possibility to oversee the financial and economic performance of the debtor, which will have a positive impact on the country’s economy, improve the investment climate.
AGAINST (–) No. 4409: Lack of clarity and legal uncertainty of certain norms regarding the functioning of the automates system “Bankruptcy and Insolvency” – in particular, it is not specified which state agency will be in charge of maintaining the system; the conditions for information processing in the said automated system and its protection are not specified either – and this carries risks to the functioning of the whole automated system; there are no norms guaranteeing its co-functioning with the Unified Judicial Information and Telecommunication System; the status of the electronic trading system that will sell property in bankruptcy (insolvency) proceedings is not set out and this will create threats to the effective sale of the debtor’s property; provides that statements of bankruptcy are to be considered in summary proceedings, even though the Code of Economic Procedure says that such cases may not be considered in a summary lawsuit.
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66. Proposals of the President to Law No. 3964 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING CERTAIN LAWS OF UKRAINE REGARDING THE RENAMING OF THE FUND OF SOCIAL PROTECTION OF DISABLED PERSONS AND ALIGNING THE TERMINOLOGY WITH THE LEGISLATION IN THE SPHERE OF SOCIAL PROTECTION OF PERSONS WITH DISABILITIES” – the bill is a purely technical one: the name of the Fund of Social Protection of Disabled Persons will be changed to the Fund of Social Protection of Persons with Disabilities. The President proposes that it enter into force on the day following the day of its publication.
FOR (+) No. 3964: Bringing the legislation of Ukraine in compliance with the terms used in the 2006 UN Convention on the Rights of Persons with Disabilities, which was ratified by the Law of Ukraine “On Ratification of the Convention on the Rights of Persons with Disabilities and the Optional Protocol to It” of December 16, 2009, and with the prevalent practice.
AGAINST (-) No. 3964: No negative points.
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67. Draft Law No. 2415 (President) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON THE JUDICIARY AND THE STATUS OF JUDGES’ IN CONNECTION WITH THE ADOPTION OF THE LAW OF UKRAINE ‘ON INTELLIGENCE’” – the bill specifies that a Law can establish exceptions when a court hearing a case is obliged to provide for the holding of a meeting in video conference mode; also, it establishes that, for the purpose of implementing the Law ‘On Intelligence’, the president of a court of appeals will act as an authorized judge and transfer such powers to other judges.
FOR (+) No. 2415: Increased support for intelligence measures based on a court decision; implementation of the specifics of consideration by a court of petitions for permission to carry out intelligence measures.
AGAINST (-) No. 2415: No exhaustive list of cases in which a court hearing in a video conference mode must not be conducted for reasons related to intelligence activities; the term “authorized judge” is neither mentioned nor proposed elsewhere in the legislation; the relationship between the terms “authorized judge” and “investigating judge” is unclear.
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68. 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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69. Draft Laws Nos. 5122 (S. Kuzminykh), 5122-1 (D. Solomchuk), 5122-2 (T. Plachkova) (first reading; the Committee recommends that No. 5122 be adopted as a whole) “ON AMENDING ARTICLE 21 OF THE LAW OF UKRAINE ‘ON PHARMACEUTICAL PRODUCTS’ REGARDING PROHIBITION OF SALE OF PHARMACEUTICAL PRODUCTS TO CHILDREN” – No. 5122 prohibits selling pharmaceutical products to citizens under 14 years of age; in case of doubt as to the age of the buyer, the product can be sold upon presentation of a document certifying age.
AGAINST (–) No. 5122: Lack of a comprehensive approach and explanatory work to prevent the situation of uncontrolled abuse of pharmaceuticals by minors; practical impossibility to implement under this bill the ban on the purchase of pharmaceuticals online; pharmaceuticals include antiseptics, vitamins and other products that are completely safe for children, so the ban on the sale of all pharmaceuticals appears to be not quite logical.
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70. Draft Law 4634 (H. Mamka) (first reading, the Committee recommends the adoption of a whole) ON AMENDING ARTICLE 367 OF THE CRIMINAL CODE OF UKRAINE to strengthen responsibility for negligence, if it caused death RIGHTS - complements article 367 paragraph three according to which official negligence, if it caused the death of a person, is punishable by imprisonment for a term of 5 to 10 years with deprivation of the right to hold office or engage in certain activities for up to 3 years and a fine of 34 to 85 thousand UAH or without such.
FOR (+) 4634: increases criminal liability for negligence if it caused the death of a person.
AGAINST (-) 4634: deduces from the notion of "grave consequences" such a consequence of official negligence as "death of a person" by establishing a separate ground for bringing a person to justice.
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71. 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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72. Draft Law No. 4594 (S. Shtepa) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING ARTICLE 219 OF THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES (REGARDING EXPANSION OF THE POWERS OF PARKING INSPECTORS FOR PROTECTING THE INTERESTS OF PERSONS WITH DISABILITIES)” – the bill amends Part 3, Article 219, empowering parking inspectors to consider administrative offense cases in respect of persons leaving their vehicles in places allocated for drivers with disabilities.
FOR (+) No. 4594: The bill will contribute to higher protection of the rights of persons with disabilities, provide them with parking space in specially allocated areas.
AGAINST (–) No. 4594: The proposed changes are not comprehensive – without amending Part one, Article 2019, the Law will not be effective.
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73. Draft Laws Nos. 4662 (M. Radutskyi) and 4662-1 (Cabinet of Ministers) (first reading; the Committee proposes that No. 4662 be adopted as a basis) “ON AMENDING SECTION X ‘FINAL AND TRANSITIONAL PROVISIONS’ OF THE LAW OF UKRAINE ‘ON PUBLIC PROCUREMENT’ TO PROVIDE FOR THE POSSIBILITY TO PURCHASE PHARMACEUTICAL PRODUCTS ON THE BASIS OF GUIDED ACCESS CONTRACTS” – the bill provides that the Law of Ukraine “On Public Procurement” will not apply to cases when the object of purchase is original/innovative pharmaceutical products which are to be purchased on the basis of guided access contracts (GACs); determines the necessity for evaluating medical technologies as a prerequisite for using the mechanism of purchase based on GACs; establishes that in the event of state registration of a pharmaceutical product with the same name and indications for use as a product in respect of which a GAC was concluded, this must result in early termination of the GAC on December 31 of the current year based on an abbreviated procedure; the list of medications purchased on the basis of GACs will be approved by the Cabinet of Ministers in coordination with the sectoral Committee of the Verkhovna Rada.
FOR (+) No. 4662: The bill will enable patients to obtain access to innovative medical technologies in the treatment of severe chronic conditions, such as cancer, hematological diseases, rare pathologies.
AGAINST (–) No. 4662: The bill is not included in the Law-Drafting Plan of the Verkhovna Rada of Ukraine for 2021; the sectoral Committee of the VR is granted powers not provided for by the Constitution; the proposed procedure is temporary, but is presented in the Law as a permanent one.
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74. Draft Law No. 5068 (President) (first reading; the Committee proposes
that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE
REGARDING THE PROCEDURE FOR THE ELECTION (APPOINTMENT) OF MEMBERS OF THE HIGH
COUNCIL OF JUSTICE AND THE ACTIVITIES OF DISCIPLINARY INSPECTORS OF THE HIGHER
COUNCIL OF JUSTICE” – the bill specifies the procedure for the creation
and activities of the Ethical Council, which will consist of 3 persons
nominated by the Council of Judges and 3 persons nominated by international
organizations with which Ukraine has been cooperating in the past 3 years in
the spheres of corruption prevention /
court reform; also, the powers of the Ethical Council to establish compliance
of a candidate member of the HCJ with the criteria of professional ethics and
integrity and to provide a list of candidates recommended for appointment;
envisages that within 3 months from the day of approval of the composition
of the Ethical Council it will conduct an assessment of HCJ members (except
the Chairperson of the Supreme Court) who were elected/appointed before the
coming into force of this Law to determine whether they comply with the
criteria of professional ethics and integrity; based on the results of the
assessment, the Ethical Council can adopt a motivated recommendation to
dismiss a HCJ member.
FOR (+) No. 5068: Increasing the institutional capacity of the HCJ; selection of candidates meeting the criteria of professional ethics and integrity; competitive principles of selection of CHJ candidate members; eligible for membership in the HCJ are persons who meet the requirements of the Law, passed the special verification procedure and were included in the list of candidates recommended by the Ethics Council; the bill takes into account the Venice Commission’s recommendations – it had emphasized that the international experts should have the decisive vote.
AGAINST (–) No. 5068: This bill is related in a systemic way with No. 5069 and should be considered in parallel with it; there is a risk that the bill may be found unconstitutional, because the CCU already found the Commission on Integrity and Ethics unconstitutional; the bill fails to specify the maximum timeframe for adopting a decision on dismissing a HCJ member in respect of whom a negative opinion was received from the Ethical Council; the HCJ disciplinary inspectors are obliged to adhere to the norms of judicial ethics.
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75. 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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76. Draft Law No. 5118 (D. Natalukha) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING ARTICLE 215 OF THE TAX CODE OF UKRAINE TO ESTABLISH REDUCED EXCISE TAX RATES ON ALCOHOLIC BEVERAGES (BEER) FOR SMALL BEER MANUFACTURERS” – the bill reduces the excise tax rate for small beer manufacturers (those manufacturing up to 200,000 hectoliters of beer annually), setting it at the level of 1.39 UAH per 1 liter of beer.
FOR (+) No. 5118: Differentiation of beer manufacturers depending on the volume of production, because earlier both large and small manufacturers were to pay the same amount of excise tax; saving money will allow small manufacturers to develop their enterprises.
AGAINST (–) No. 5118: The adoption of the bill will lead to an annual State Budget revenue reduction of 328.3 million UAH; the bill is related in a systemic way with No. 5119 and should be considered in parallel with it; No. 5118 contains reference to the term “small beer manufacturers,” but that term will be introduced only when Draft Law No. 5119 is adopted.
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77. Draft Law No. 5119 (D. Natalukha) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON STATE REGULATION OF THE PRODUCTION AND TURNOVER OF ETHYL ALCOHOL, COGNAC AND FRUIT ALCOHOL, ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS, LIQUIDS USED IN ELECTRONIC CIGARETTES, AND FUEL’ TO SIMPLIFY ECONOMIC ACTIVITIES IN PRODUCING BEER, GRAPE WINES, FRUITS WINES, AND HONEY BEVERAGES” – the bill introduces the term “small beer manufacturers; establishes a perpetual license for the production of beer, wines, and honey beverages; abolishes the attestation of production for producers of beer, wines, and honey beverages, which was required to be conducted once in every 5 years; cancels the need to obtain a separate wholesale trade license for a manufacturer who has obtained a license for the production of such beverages and produces up to 200,000 hectoliters of beer annually; removes the norm on the use of fines in respect of economic subjects in case of wholesale selling of more than 3,000 hectoliters of beer in one year if such subject holds a license; the price of the license is 30,000 UAH.
FOR (+) No. 5119: The bill will facilitate the development of beer manufacture; simplification of economic activities in the sphere of production of alcoholic beverages for small beer manufacturers and wine producers.
AGAINST (–) No. 5119: This Draft Law will lead to an annual State Budget revenue reduction of 18.1 million UAH as a result of abolishing the wholesale beer trade license; the bill is related in a systemic way with No. 5118 and should be considered in parallel with it; a license is a document allowing its holder to perform certain activity within a specified period of time and so the establishment of an unlimited timeframe for a license is unjustified.
