Повна версія
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1. Hour of Questions to the Government..
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2. Draft Law No. 4290 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON LOCAL STATE ADMINISTRATIONS’” – the bill provides for the possibility to allow the head of the secretariat of a local State administration to temporarily act as the head of the local State administration; and if the head of the secretariat is temporarily absent, to temporarily delegate those powers to the head of an independent structural unit of the secretariat of the local State administration, with mandatory notification of the Office of the President and the Cabinet of Ministers.
FOR (+) No. 4290: Regulation of the issue of temporary performance of duties of heads of local State administrations in case of simultaneous absence from work due to illness of the heads of these administrations, their first deputies and deputies, which is particularly important during the coronavirus pandemic. Continuity and stability of the management function.
AGAINST (–) No. 4290: Heads of local State administrations are appointed and dismissed by the President based on a submission from the Government; therefore, their substitution should also be implemented in line with the Constitution, following a decision of the highest official of the State, in coordination with the highest body in the system of executive power; the proposed delegation of powers bears certain risks, since the powers to be exercised are of State importance and the situation pertains to spending State Budget funds
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3. Draft Law No. 3602 (O. Danutsa) (first reading; the Committee recommends that the bill be adopted as a whole, with regard to the Committee’s proposals) “ON AMENDING PART 5, ARTICLE 45 OF THE LAW OF UKRAINE ‘ON PREVENTING CORRUPTION’ TO REMOVE UNCERTAINTY REGARDING THE RESPONSIBILITIES OF MEMBERS OF SELF-GOVERNMENT BODIES OF THE BAR TO FILL OUT AND SUBMIT DECLARATIONS OF PERSONS AUTHORIZED TO PERFORM STATE OR LOCAL SELF-GOVERNMENT FUNCTIONS” – the bill proposes not applying the electronic declaration requirement to members of self-government bodies of the bar.
FOR (+) No. 3602: The bill removes the uncertainty regarding the responsibilities of members of self-government bodies of the bar to fill out and submit declarations; compliance with decisions of the CCU.
AGAINST (–) No. 3602: The bill fails to fully resolve the problem of application of the obligation to submit declarations to an indefinite range of persons.
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4. Draft Law No. 4258 (Cabinet of Ministers) (first reading; the Committee recommends that the bill be adopted as a basis) “ON MULTIMODAL TRANSPORTATION” – the bill defines the legal and organizational principles of multimodal transportation (transportation of goods by two or more modes of transport: road, rail, sea, or air, on a contractual basis), State support for their development, incentives for the use of more environmentally friendly modes of transport in order to protect the environment, prevent climate change and excessive energy consumption.
FOR (+) No. 4258: Aligning the national legislation with that of the EU; a new stage in the development of the transport and logistical infrastructure; the possibility to establish a unified tariff and document for multimodal transportation of goods, baggage, mail, and passengers.
AGAINST (–) No. 4258: The declarative nature of the State support measures; lack of clarity of the procedure for multimodal passenger transportation; the need for creating a web resource to search for customers and economic subjects based on required criteria.
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5. Draft Law No. 4248-1 (S. Shakhov) (second reading; the Committee proposes that No. 4248-1 be adopted as a whole) “ON AMENDING THE LAW OF UKRAINE ‘ON ENSURING COMMERCIAL REGISTRATION OF NATURAL GAS’ AS REGARDS THE TIMEFRAMES FOR ESTABLISHING METERS FOR NATURAL GAS CONSUMERS” – the bill proposes that the deadline for economic subjects performing distribution of natural gas as to installing gas meters for people living in flats and private houses where gas is used only for cooking be transferred from January 1, 2021, to January 1, 2023.
FOR (+) No. 4248: The postponement to 2023 of the deadline for installing gas meters at the expense of financial, logistical, human and other resources of economic subjects, at the expense of budget funds (other than local budget funds) will contribute to saving citizens’ own money, decrease the gas bills they have to pay and thus considerably improve the financial status of many families.
AGAINST (–) No. 4248: The extension by the gas providers of the plan for the development of the gas distribution system; their decreased own spending on the installation of gas meters – which has already been provided for in the tariffs for their services; termination from January 1, 2023, of supply of natural gas to citizens refusing to install gas meters.
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6. Draft Law No. 4254 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a basis) “ON PUBLIC CONSULTATIONS” – the bill specifies the main principles for holding public consultations during the formation and implementation of state and regional policy, resolution of local level issues; proposes regulating the rights and obligations of subjects of authority and stakeholders in legal relations involving public consultations, the specifics of holding electronic consultations; a unified online platform will be in place for submission of proposals, preparation of reports on consultations, conduct of monitoring.
FOR (+) No. 4254: The bill will contribute to engaging citizens and other stakeholders in decision-making for balancing public and private interests; enhance the influence of citizens on decision-making; provide opportunities for assessing the needs of various stakeholders, for receiving interesting proposals, ideas; it will contribute to the implementation of the EU-Ukraine Association Agreement.
AGAINST (-) No. 4254: The bill does not contain a complete mechanism of legal regulation regarding subsequent use of the results of public consultations; it provides no safeguards against manipulating such a mechanism; public consultations on MPs’ bills will be mandatory, but this provision fails to take into account the specifics of the legislative procedure, which will not allow implementing any proposals from the public; at the same time, consultations will not be mandatory for drafts from the Cabinet of Ministers or the President, which destroys the equality of participants in the legislative process; no consultations will be held on issues related to emerging threats to the life, health, liberty, or security of people or on individual decisions of the Ministry of Internal Affairs, but no clear criteria are established in this regard; engaging foreigners and stateless persons is at odds with Article 38 of the Constitution; the bill creates conflicts in legislation.
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7. Draft Law No. 3111 (D. Volodina) (first reading; the Committee recommends that the bill be adopted as a basis) “ON BRINGING THE PROVISIONS OF ARTICLE 161 OF THE CRIMINAL CODE OF UKRAINE ON ENSURING THE EQUALITY OF CITIZENS IN COMPLIANCE WITH THE CONSTITUTION OF UKRAINE” – the bill specifies the grounds for criminal prosecution, in particular for actions and failure to act in case of incitement to ethnic, religious, linguistic, or cultural hatred (intolerance).
FOR (+) No. 3111: Ensuring equality of citizens.
AGAINST (–) No. 3111: The bill requires terminological alignment and corrections.
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8. 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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9. 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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10. 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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11. 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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12. 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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13. 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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14. 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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15. 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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16. 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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17. Draft Law No. 4212 (Y. Riepina) (first reading; the Committee proposes that the bill be adopted as a basis) – “ON AMENDING ARTICLE 22 OF THE LAW OF UKRAINE ‘ON ADVERTISING’ REGARDING ADVERTISING FOR ELECTRONIC CIGARETTES AND LIQUIDS USED IN ELECTRONIC CIGARETTES” – the bill prohibits advertising for electronic cigarettes and liquids used in electronic cigarettes.
FOR (+) No. 4212: Decreased consumption of electronic cigarettes and liquids used in electronic cigarettes – this will bring about a reduction of damage to the health of the population.
AGAINST (-) No. 4212: No liability for violating the prohibition of advertising for electronic cigarettes and liquids used in them.
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18. Draft Law No. 3790 (A. Zhupanin) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING certain legislative acts of ukraine to ensure transparency in EXTRACTIVE INDUSTRIES” – the bill aligns the standards of the Extractive Industries Transparency Initiative (EITI) with the new requirements; specifies the procedures for disclosing information, its volume, the range of economic subjects operating in the extractive industries; for reporting on the amount of payments for carbon dioxide emissions; for providing information on the average number of registered employees, with indication of the numbers of men and women; and updates the requirements regarding the creation and activities of the multilateral group on EITI implementation and on tasks of the central executive bodies.
AGAINST (–) No. 3790: Vesting the Ministry of Energy with powers uncharacteristic of it – ensuring the formation and implementation of state policy in the sphere of geological study and rational use of subsoil is subject to regulation by the Ministry of Ecology; additional spending from the State Budget; the bill contains corruption risks since it fails to specify the criteria for selecting an independent administrator.
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19. Draft Laws Nos. 4147 (O. Koval) and 4147-1 (Y. Hryshyna) (first reading; the Committee recommends that No. 4147 be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE ON THE FUNCTIONING OF THE NATIONAL QUALIFICATIONS SYSTEM” – No. 4147 regulates the issues of formation, assessment and assignment of professional qualifications, the relationship between a person’s working conditions and professional qualifications, the development and introduction of professional standards, the formation of the Register of Occupations and Qualifications; rules out the participation of the State Employment Service in organizing verification of informal education; regulates the activities of Sectoral Councils in developing professional standards, etc.
FOR (+) No. 4147: the bill will make it possible to build an effective labor market management system and contribute to reducing unemployment; create a high-quality qualifications system for objective assessment of the quality of human capital, which will provide everyone with the right to work and a decent reward; stimulate citizens to engage in continuous professional development and lifelong self-education.
AGAINST (-) No. 4147: Changing the procedure for confirming the assessment and assignment of professional qualifications, assessing the results of informal vocational training of persons in working professions, etc., will lead to higher labor migration; increased spending from the State Budget and local budgets; terminological inconsistency of the project with the current legislation.
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20. 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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21. Draft Law No. 3731 (O. Ustinova) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON THE NATIONAL GUARD OF UKRAINE’ (REGARDING IDENTIFICATION OF THE SERVICEPERSONS OF THE NATIONAL GUARD OF UKRAINE DURING PERFORMANCE OF PUBLIC ORDER ENFORCEMENT TASKS AND PROVISION OF PUBLIC SECURITY)” – the bill proposes assigning a lifelong identification number to National Guard members; the number will be indicated on the helmet, in the certificate, on the badge of a NG member; a register of National Guard Members will be created on the basis of those numbers; disciplinary liability of NG members will be established for violating the rules of identification; the provisions of the bill will not apply in the Joint Forces Operation area.
FOR (+) No. 3731: The bill will simplify identification of servicepersons of the National Guard; as a consequence, it will be possible to discipline them for offenses; protection of NG members in the combat zone against identification by enemies.
AGAINST (-) No. 3731: The 3-months period may be insufficient to prepare for compliance with the requirements of the Law;
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22. 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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23. 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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24. Draft Law 3563 (1st reading, the Committee proposes that the bill be adopted as a basis) ON AMENDING CERTAIN LEGISLATIVE ACTS OF UA REGARDING PROTECTION OF CHILDREN FROM WATCHING HUNTING – establishes a ban on hunting in the presence of children, and also hunting in the presence of a child is added to the list of violations of rules of hunting; the size of the administrative penalty in the form of a fine in sanctions for violation of hunting rules.
FOR (+) 3563: protection of children from moral suffering arising from watching the killing of animals in the process of hunting; punishment for violations of hunting rules is enhanced.
AGAINST (-) 3563: it is not clear precisely what will be regarded as violation in the form of a child’s presence at the site of hunting; failure in the draft to take into account online demonstrations / watching of videos in the presence of children.
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25. Draft Law No. 4265 (O. Bakumov) (first reading; the Committee recommends that the bill be adopted as a basis) “ON STATE REGISTRATION OF AN INDIVIDUAL’S GENOMIC INFORMATION” – the bill determines the legal principles for the creation and functioning of record-keeping of genomic information of people in Ukraine; regulates the processes of its selection, processing, state registration, use, storage, including in electronic form, establishing the Ministry of Internal Affairs as the database holder. The category of cases registration of genomic information is mandatory is as follows: persons prosecuted for intentional crimes against the life, health, sexual freedom, or sexual integrity of an individual; unidentified corpses; missing persons; close relatives of missing persons (in case of their voluntary consent).
FOR (+) No. 4265: Faster identification and detection of persons who committed criminal offenses and more efficient search for missing people; identification of unidentified persons; improved performance of law enforcement agencies in preventing, detecting, uncovering, investigating crimes and avoiding criminal offenses.
AGAINST (–) No. 4265: The use and storage of genomic information as personal data is at odds with the 1998 Information Protection Act and the Data Protection Convention; the requirement that army volunteers and conscripts pay for the test themselves.
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26. 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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27. Draft Laws Nos. 4020 (Cabinet of Ministers) 4020-1 (N. Korolevska), 4020-2 (Y. Kisyel), 4020-3 (R. Pidlasa) (first reading; the Committee recommends that No. 4020 be adopted as a basis) “ON THE LIST OF STATE PROPERTY OBJECTS NOT SUBJECT TO PRIVATIZATION” – No. 4020 proposes approving lists of state property objects not subject to privatization – those are objects providing for energy independence and defensive capacity of the state; natural monopolies whose activities are crucial for society, etc. In particular: 1) list of joint-stock companies whose authorized capital must have no less than 50% + 1 share of corporate rights belonging to the state (9 objects); 2) list of economic partnerships and associations in whose authorized capital the share of the state is 100%, plus state commercial and public enterprises (74 objects); 3) list of objects of culture and sports (133 objects); 4) list of state enterprises that are not subject to privatization but can be transformed into economic partnerships (102 objects); 5) list of forestry objects (341 objects).
FOR (+) NO. 4020: State oversight of the preservation and use of the property of companies and commercial associations not subject to privatization; protection of state property objects that are really important for Ukraine’s development against unjustified privatization or privatization running counter to the interests of the Ukrainian people.
AGAINST (–) NO. 4020: In the list of enterprises that are not subject to privatization but can be transformed into economic partnerships, the size of the state-owned share that must remain in the authorized capital of those entities after such transformation is not specified; Appendix 1 includes NJSC “Naftogaz” and JSC Ukrainian Railways, which implies the possibility of privatization of 50% minus 1 share of those companies, which is not justified at present.
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28. Draft Law No. 2805-Д (A. Nikolayenko) (repeat first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE REGARDING THE FUNCTIONING AND CIRCULATION OF AGRICULTURAL RECEIPTS” – agricultural receipts are defined as non-issue debt securities in the form of an electronic document in the Agrarian Receipts Register or in non-documentary form, executed as registration entries in securities accounts within the system of depository record-keeping of securities; the range of entities entitled to issue agrarian receipts is expanded; the list of mandatory details of agrarian receipts is updated.
FOR (+) No. 2805-Д: Expansion of the ranges of agricultural producers and creditors using agrarian receipts; investors’ access to information within the Depository System of Ukraine; special requirements for persons wishing to be a creditor/debtor using such receipt.
AGAINST (–) No. 2805-Д: The bill fails to specify the range of persons assuming, together with the debtor, agrarian receipt based solidary liability; narrowing of the influence of the Cabinet of Ministers of Ukraine on the activities and functioning of the Agrarian Receipts Register.
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29. Draft Law No. 0075 (President) (first reading; the Committee proposes that the bill be adopted as a whole) “ON THE RATIFICATION OF THE MEMORADUM OF MUTUAL UNDERSTANDING BETWEEN UKRAINE AND THE EUROPEAN POLICE OFFICE REGARDING CONFIDENTIALITY AND ENSURING STORAGE OF INFORMATION” – it is proposed that the Memorandum be ratified, while issuing a statement on the interpretation of the term “owners of information assets” and specifying the authorized bodies of Ukraine in the sphere of information security as well as the entities responsible for information risk management, accreditation of infosystems for processing classified information, electronic information security, processing cryptographical material in the process of exchanging information between Europol and competent agencies of Ukraine.
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30. Draft Laws No. 2683 (H. Tretiakova), 2683-1 (N. Korolevska) (first reading; the Committee recommends that No. 2683 be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE REGARDING THE accumulative system of state pension insurance” – the bill provides for mandatory participation in the system of accumulative pension insurance of all categories of employed persons until they reach retirement age and involving employers in the payment of pension contributions on a parity basis; the employers will pay 2% of employees’ salaries and the system participants (employed persons) will pay contributions amounting to 1% of their salaries; at the request of an employee, the amount of his/her independent contributions can be increased to 4%; the employer will be obliged to proportionally supplement the employee’s contributions with the employer’s own contributions at the rate of up to 5% of the salary of such employee; the funds of the accumulative system will be the property of the participants in the system (persons from whose salaries deductions are made) – as regards the total amount accumulated in each person’s individual pension account; and in the event of a person’s death the right of ownership of the pension savings will pass to his/her heirs; the funds will be accumulated in the Pension Treasury or in the relevant non-state pension funds; the costs of payment for life insurance contracts and one-time payments will be covered; asset management of the Pension Treasury will be carried out by asset management companies, assets will be stored by custodian banks; authorization of such custodian companies, non-state pension funds, administrators and insurance companies will be carried out by including them in the Register of Authorized Entities of the Accumulative System of State Pension Insurance, provided that such entities comply with the requirements established by the law; a participant in the system will have to choose the pension portfolio of an authorized asset management company of the Pension Treasury or an authorized non-state pension fund and will have the right to change the choice.
FOR (+) No. 2683: Decrease in the amount of funds allocated from the State Budget for covering the Pension Fund deficit (in 2021, the amount was about 200 billion hryvnias); increase in the level of social protection of persons of retirement age; increase in the size of the future pension due to additional pension payments; transparency and independent control by citizens of the amount of accumulated funds that are their property and that they will be entitled to receive after reaching retirement age (or their heirs will have the right to receive the amount); legalization of labor and the gradual abolition of salaries “in envelopes”; additional financial resources for the implementation of long-term investment projects in the economy.
AGAINST (–) No. 2683: Low level of public confidence in long-term accumulative systems; lack of a clear mechanism of state guarantees for pensioners to receive the accumulated funds; threat of corrupt interest in the disposal of savings or their stealing or inefficient use; the possibility of inflationary depreciation of funds.
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31. Draft Law No. 4667-1 (S. Babak) (second reading; the Committee recommends *no relevant information available at the moment) “ON AMENDING CERTAIN LAWS OF UKRAINE ON AWARDING OF SCIENTIFIC DEGREES” – the bill improves the process of certification of applicants for higher education; attestation of doctors of philosophy will be carried out by a special standing board at the respective institute of higher education; of doctors of art, by an ad-hoc board; scientific achievements of the persons concerned, reviews/feedback, information about the special board, date/time/place of defense of thesis will be published on the websites of the relevant central executive body and the institute of education; the grounds for refusal to award the degree will be as follows: plagiarism, falsification, fabrication; on the same grounds, it will be possible to deprive a person of an already acquired degree; the Ministry of Education and Science will approve/revoke decisions of the special boards, approve the procedure for awarding the degree of Doctor of Philosophy/Sciences and submit it for approval to the Cabinet of Ministers; it will coordinate the creation of special ad hoc boards; the National Agency for Ensuring the Quality of Higher Education will develop the procedure for awarding the degree of Doctor of Philosophy (PhD) and for canceling decisions of a specialized ad hoc board to award the degree of Doctor of Philosophy.
FOR (+) No. 4667-1: A new, improved process of attestation of applicants for education; elimination of gaps in the relevant legislation; involving the National Agency for Ensuring the Quality of Higher Education in the attestation process; revocation of diplomas for plagiarism, falsification, fabrication.
AGAINST (–) No. 4667-1: It is unclear from the provisions whether Doctor of Philosophy is an educational degree and at the same time the first (lowest) scientific degree or an educational-scientific degree; in the text of the bill, the expression “in particular” is used, which prevents the legal norms from having the required degree of legal certainty.
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32. Draft Law No. 4188 (O. Dunda) (first reading; the Committee recommends that the bill be adopted as a basis, with regard to the Committee’s proposals) “ON AMENDING THE LAW OF UKRAINE ‘ON TELEVISION AND RADIO BROADCASTING’ TO COUNTER THE INFORMATION WAR” – the bill proposes expanding the authority of the National Council for Television and Radio Broadcasting to counter information aggression and providing for sanctions, in the form of a fine or cancellation, based on a court decision, of the broadcasting license, in respect of television and radio broadcasting organizations and providers for dissemination in the national media space of expressions and statements denying the fact “of military aggression of the Russian Federation against Ukraine, occupation by the Russian Federation of a part of its territory and waging a hybrid war against Ukraine.”
AGAINST (–) No. 4188: The bill does not fully align with the Law “On the Specifics of State Policy to Ensure the State Sovereignty of Ukraine in the Temporarily Occupied Territories in Donetsk and Luhansk Oblasts.”.
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33. Draft Law 2051-1 (2nd reading, the Committee recommends returning to the second reading) ON LIMITATION OF THE CIRCULATION OF PLASTIC PACKAGES ON THE TERRITORY OF UA – to minimize the circulation of plastic bags and stimulate the production of biodegradable plastic bags prohibits from January 1, 2022 the circulation of oxo-folding bags in retail outlets and restaurants, as well as the free distribution of such packages; assigns the function of recycling plastic bags to businesses that distribute such bags.
FOR (+) 2051-1: prevention of environmental pollution, as one Ukrainian consumes about 500 packages per year, while in Europe it is 85-90 packages per year; entrusting the disposal of plastic bags to the business entity will encourage entrepreneurs to abandon the use of such packages.
AGAINST (-) 2051-1: increase in costs for entrepreneurs and consumers, because the cost of a biodegradable package is greater than a plastic one; possible negative socio-economic effect; exceptional situation when the Committee itself proposes to return for a second reading, which irrationally spends the time of the plenary work of the Verkhovna Rada.
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34. 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” – institutes of higher education and scientific institutions will be awarded the status of, respectively, “national” and “national scientific center” only by a Decree of the President based on a proposal from the Ministry of Health; the bill regulates the use of property by state and municipal institutes of education – annual property control and accounting by the managerial body; the possibility to transfer property to another institute – and to privatize such property in case it has not been used for 3 years.
FOR (+) No. 4486: Regulation of the network of education institutes, of the procedure for state and municipal property management (lease, free-of-charge use, privatization, etc.); development of the educational potential.
AGAINST (-) No. 4486: The Constitution does not empower the Head of State to award the status of “national” to relevant institutes; nonconformity of the Draft Law’s provisions with Article 80 of the Law “On Education” according to which objects and property of state and municipal institutes of education may not be privatized or used for non-educational purposes.
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35. Draft Law No. 2037 (R. Kniazevych) (the Committee recommends that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE TO STRENGTHEN LIABILITY IN THE SPHERE OF PROTECTION OF CULTURAL HERITAGE” – the bill adds to the list of violations a person’s failure to submit a report on a completed archaeological survey; provides for increased administrative punishment for: violation of the requirements of the legislation on protection of cultural heritage – for citizens, from 3.400 to 5,100 UAH (at present, 850 – 1,700 UAH); for officials, from 5,100 to 6,800 UAH (at present, 1,700 – 2,500 UAH); the powers to initiate prosecution under Articles 92 and 188-33 of the Code of Ukraine on Administrative Offenses regarding violations of requirements of the legislation on protection of cultural heritage are transferred from administrative commissions to bodies in charge of protection of cultural heritage.
FOR (-) No. 2037: Compliance with international obligations on protection, preservation, promotion of cultural heritage and its transfer to future generations; prevention of violations in this sphere.
AGAINST (-) No. 2037: Absence of a body that will draw up the protocol on administrative liability; the creation of a new department/body for the protection of cultural heritage will require considerable spending of time and money; the level of the administrative punishment established by the Draft Law is incommensurable with the level of criminal punishment provided for by Article 298 of the Criminal Code and violates the principle of conformity of the social harm of a violation to the extent of administrative punishment; higher level of sanctions, as a rule, does not lead to a decrease in the number of violations of law.
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36. Draft Law No. 2325 (M. Bardina) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING ARTICLE 73 OF THE CODE OF LABOR LAWS OF UKRAINE” – the name of the state holiday “Day of Defenders of Ukraine” will be substituted for by (literally) “Day of Male and Female Defenders of Ukraine.”
FOR (+) No. 2325: The bill will contribute to paying appropriate tribute to women and men defending the independence and territorial integrity of Ukraine.
AGAINST (–) No. 2325: Spending valuable parliamentary time on very insignificant legislative changes.
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37. Draft Law No. 3758 (I. Sovsun) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING CERTAIN LAWS OF UKRAINE REGARDING SOME ASPECTS OF IMPLEMENTATION OF THE PRINCIPLES OF ACADEMIC INTEGRITY” – the bill provides for additional requirements regarding candidates for the position of principal of an educational institute: mandatory verification of compliance of the thesis with the required level of academic integrity; persons who have not been subjected to such verification will be prohibited from being appointed as members of the Cabinet of Ministers as well as from assuming public service positions.
FOR (+) No. 3758: More effective provision for academic integrity in institutes of higher education; reduction of the number of “plagiarists” among top officials.
AGAINST (–) No. 3758: The requirement of compliance with the standards of academic integrity should apply equally to all scientific degree seekers, not just to persons applying for certain positions.
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38. Draft Law No. 4250 (O. Dubinskyi) (first reading; the Committee proposes that return to the subject the right of legislative initiative) “ON THE GREEN AREAS OF CITIES AND OTHER POPULATED LOCALITIES” – the bill specifies that all green areas are to be protected, regardless of the form of ownership of the plots on which they are located; three categories of green areas are singled out: common use; limited use; and special purpose; the users/owners of the plots must take measures to preserve green areas and are obliged to oversee their condition; ensure the development of green areas; the general layout and the development plans of cities and other populated localities will be designed in compliance with the green areas protection requirements; the area of the common green spaces in cities must not be less than 25 square meters per one resident; and in rural settlements, no less than 20 square meters; in the common-use, limited-use, and special-purpose green areas, high-value sections of green areas and veteran (“agelong”) trees are to be sought and established and then declared to be objects of the Nature Reserve Fund of Ukraine – within such objects, providing areas for construction work is prohibited, except for security facilities, underground railways, sports grounds and children’s playgrounds; there will also be a ban on changing the intended purpose of the area.
FOR (+) No. 4250: Protection, restoration and effective record-keeping of green areas; standards for green areas in cities and other populated localities.
AGAINST (–) No. 4250: It is better to set out these issues in the Law “On Improvement of Populated Localities” – in such case, the legal regulation will be comprehensive; norms already established in the current legislation are duplicated; the provisions of the bill concerning veteran trees and territories on which they grow are at odds with the Law “On the Nature Preserve Fund of Ukraine” as regards the procedure for declaring such objects as belonging to the Nature Preserve Fund.
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39. Draft Law No. 3062 (V. Nekliudov) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON THE PUBLIC PROSECUTOR’S OFFICE’ TO INCREASE THE EFFECTIVENESS OF THE ACTIVITIES OF THE PUBLIC PROSECUTION BODIES” – the Prosecutor General will be empowered to assign class ranks to employees of public prosecution bodies, to submit to the President proposals regarding assignment of the class rank of State Counsellor of Justice; the size of the rank bonus is to be approved by the Government; also, a pension bonus is provided for; the range of requirements for candidates seeking the office of public prosecutor is expanded (the length of service/internship in a public prosecution body will now be taken into account); in case of dismissal of a public prosecutor, including from an administrative post, the ex-prosecutor may under certain circumstances be deprived of his/her class rank; requirements regarding the form and content of a disciplinary complaint against a public prosecutor’s offense is regulated; employees of public prosecution bodies possessing class ranks will be provided with free uniforms.
FOR (+) No. 3062: Providing incentives for effective work of public prosecutors and stimulating their aspiration for career growth.
AGAINST (–) No. 3062: Additional funding from the State Budget; requirements regarding the length of service in the sphere of public prosecution should be specified in greater detail (so as not to take into account e.g. performance of service functions).
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40. 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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41. Draft Law No. 3553 (President) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO IMPROVE SOME ASPECTS OF DISCHARGE OF MILITARY DUTY AND MAINTENANCE OF MILITARY REGISTRATION” – comprehensive amendments to 42 Laws (Codes); instead of military registration and enlistment offices, it territorial centers for recruitment and social support will be formed – with gradual transition from compulsory drafting to voluntary recruitment; the bill establishes that the Unified State Register of Conscripts will interact with other government agencies; strengthens criminal and administrative liability for evasion of conscription, military registration and training sessions; introduces a new type of military service – conscription service of reservists during a special period – for no more than 6 months; creates a system of training of reservists and conscripts.
FOR (+) No. 3553: Wider opportunities to replenish military units during a special period without announcing mobilization; strengthening the combat capability of the Armed Forces of Ukraine; additional social guarantees for reservists; automation of processes of military registration of human resources; the possibility to create an electronic military service card within the Diia application with further opportunities for re-registration without participation of military officials.
AGAINST (–) No. 3553: Violation of the rights and freedoms of reservists who already have combat experience – when they are called up for military service without announcement of mobilization at any time during a special period; additional budget spending on the relevant centers and financial support.
