Civil Network OPORA continues to watch and analyze law-making activities of MPs of Ukraine of VII convocation. In this review for June, the organization has covered the scope of law-making activities in the Parliament, as well as activeness of MPs with consideration of involved factions and concerned issues.
INTRODUCTION
In June 2012, Members of Parliament of Ukraine have registered 408 draft laws and resolutions, fourth part of which concern economy, finance, and administration.
MPs of the PRU have submitted 147 draft laws and resolutions in different sectors; AUU Batkivshchyna – 78; AUU Svoboda– 28; the Communists – 16; the UDAR faction – 14. Non-faction deputies have registered 11 bills. There were 109 interfaction initiatives.
Almost 30% of initiatives concerned economy, finance, and administration; 23.5% – policy and state administration, 13% – law-enforcement system and justice. MPs were not very interested in foreign affairs, security, and defense, as well as in previous months, after all.
Almost 30% of initiatives concerned economy, finance, and administration; 23.5% – policy and state administration, 13% – law-enforcement system and justice. MPs were not very interested in foreign affairs, security, and defense, as well as in previous months, after all.
Economic and financial issues were topical for MPs of the Party of Regions, and constituted almost a half of all their initiatives. The very same issues were topical for the Communist Party (37.5%), AUU Svoboda (36%), and AUU Batkivshchyna (27% of draft laws). 57% of laws drafted by the UDAR concerned politics and state administration. Non-faction MPs were focused on security and defense issues (45% of draft laws). 61 % of draft laws, commonly prepared by representatives of different factions, concerned politics and state administration.
PARTY OF REGIONS of Ukraine
In June, the Party of Regions faction has registered 147 draft legislative acts. Only 74% of them are draft laws. The others were 39 formal resolutions, either on rejection of bills and sending them for revision, or introduction of holidays. MPs were mostly concentrated on improvement of economy (50%), and law-enforcement and justice issues (15%). There were no initiatives regarding foreign affairs and environment. 38 Members of Parliament participated in lawmaking activities. The biggest number of documents were submitted by: Yevhen Hiellier (9, including 6 resolutions), Valerii Pysarenko (9, including 6 resolutions), and Hryhorii Kaletnik (7, including 6 resolutions).
Economics, finance, and administration
A half of all laws drafted by the faction concerned this sector. Almost all the documents are amendments to already existing normative acts, and only one draft law was registered by the faction in June. It was the Draft Law on Quality and Safety of Food Eggs, registered by Oleh Stabatovych. In particular, it establishes marking of eggs, their main quality coefficients, terminology, and major principles of the state policy in this sector (#2295a).
15 draft initiatives regulate re-distribution of the State Budget or determination of new sources of revenue: Pavlo Korzh is convinced that financial penalties of electricity and coal industry enterprises may become new sources of the State Budget revenues (#2229a); Yevhen Hiellier proposed to change expenditure of the Ministry of Foreign Affairs, reduce Ukraine's contributions to international organizations, and increase expenditures for maintenance of the Ministry (#2245a); Oleksandr Presman proposed in his initiative #2342a to increase financing of the program "management and administration in the justice system"; Viktor Tykhonov (#2357a) proposed to increase expenses on management and functional administration of the National Agency on Civil Service by reducing expenses on preparation of state servants and improvement of their professional skills; Oleksandr Dolzhenkov proposed to increase expenses of the Ministry of Energy and Coal Industry for 5.5 billion UAH, and establish a new budget program, costing 922 million UAH for purchase of medical vehicles (#2404a); Viktor Turmanov asked to allocate 120 million UAH from the State Budget to provide employees of coal mining enterprises with means of individual protection (#2424a); MPs Yevhen Hiellier and Viktor Zherebniuk deemed it necessary to provide 300 million UAH for constructions and acquisition of affordable housing (#2464).
Another part of draft laws concerns provision of state guarantee in amount of 50 billion UAH to the Ukroboronprom State Concern, submitted by Andrii Pinchuk (#2373a); and the procedure for application of credit rating to economic entities in order to assess reasonableness of providing them with state credits or guarantees, submitted by Serhii Moshak and Oleksii Kunchenko (#2423a).
Andrii Pinchuk introduced amendments to the Law on Banks and Banking Activities, in which he proposed to create a Sanation Bank, and described procedures for its functioning (#2430a). Yulii Ioffe and Serhii Braiko have drafted two laws which are called to regulate concession activities. The first introduces amendments to the Law on Concessions, which provide that a concessione has the right to repurchase the concession property, which was decided to be privatized, if he created (constructed) or improved such concession property for more than 25 percent of its market value (#2326a); the second specifies the right of AR Crimea government bodies to give objects to concessions.
Viktor Ostapchuk has registered amendments to the Law on Sea Ports of Ukraine. According to the draft, Administrations of Sea Ports of Ukraine will have the right to conduct activities before receiving licenses and other licensing documents (2218a). Yuliia Liovochkina was also focused on the same issues in June. She proposed to amend the Law on Sea Ports and determine peculiarities of activities in ports during the absence of Port Operators, as well as procedures for privatization of port objects. In addition, she proposed to classify socials objects (kindergartens, hospitals, hotels etc.) as port objects. Besides that, it was specified that the zone of border control in port (at sea terminal) shall be edge of the wharf (#2454a).
Social issues and standards
The biggest part of legislative initiatives concern citizens with special needs. Three of them concern education issues: Andrii Shypko has proposed to determine the share of parents in additional expenses on education of adult invalids which continue studying in paid higher educational establishment; the Draft also provides division of educational expenses between two parents if they live separately (#2228a). In amendments to the Law on Principles of Social Protection of the Disabled, Oleksandr Dudka proposed to deprive children of disabled persons of group 3 of the right for top-priority admission to HEIs, and leave such a right only for groups 1 and 2 (#2273a). Yurii Miroshnychenko has specified the right of children with special needs in the Law on Pre-School Education (#2348a).
Oleksandr Dudka and Serhii Kaltsevyi have proposed to introduce a Honorable Father to Many Children title and make it equal to Mother Heroine title (#2277a). Member of the VRU Committee on Foreign Affairs Ihor Markov is convinced that it's necessary to delete a regulation on adoption by foreigners from the Family Code and the Law on Protection of Childhood, and, therefore, registered the corresponding draft law (#2411a).
Humanitarian policy
Two of four registered bills concern educational issues. Yurii Miroshnychenko and Hanna Herman have developed a number of amendments to different laws, by which they determine that relation between the church, government bodies, schools, HEIs, and kindergartens shall be developed on partnership principles in order to guarantee realization of human right on freedom of conscience and religion in all spheres of social life, implement joint educational and outreach activities, social work, consolidate Ukrainian society, preserve and enhance its traditional religious culture and religious identity of all indigenous ethnic groups and national minorities of Ukraine (#2340a). The other draft law was submitted by Oleh Kulinich, in which he proposed to amend the Law on Higher Education and establish that self-government of HEIs – is a complex of legal rights and obligations of an educational institution concerning educational, scientific, economic and other activities, as well as independent recruitment of employees in order to ensure conditions, necessary for obtaining higher education and specific qualification by citizens; academic freedom – is a freedom to carry out educational, research, scientific, and innovation activities by pedagogical and academic employees of higher educational institutions. He has also proposed to introduce levels of Candidate of science (Doctor of Philosophy) and PhD to the structure of higher education. Besides that, he proposed to widen the rights of higher educational institutions (#2297a).
Politics and state administration
In this sector, two draft laws which concern providing status of the state servant were registered. Yaroslav Sukhyi proposed to include employees of National Council Secretariats into the list of state servants (#2449a); and Serhii Kivalov decided that such status is necessary for employees of court apparatus and judicial assistants (#2455a).
Volodymyr Zubyk has registered a Draft Law on the procedure for early termination of powers of MP of Ukraine elected in single-member district, in case he is withdrawn by the voters by a special referendum (#2266а). He proposed a procedure for a Special referendum on withdrawal of MP of Ukraine, which should be made in correspondence of referendum results. Only city and raion councils have the right to raise a question about early termination of powers of MP of Ukraine, elected in single-mandate election district, through his withdrawal by the voters. Non-conformity of MP's activities to main principles of his election program and on-observance (or refusal to sign) a special agreement – Plan of responsibilities of MP of Ukraine to the voters, which is concluded in accordance with this Law, may be grounds for early termination of powers of MP of Ukraine, elected in single-mandate election district, through his withdrawal by the voters.
Law-enforcement system, justice, and fighting against corruption
Mykola Levchenko has submitted a number of amendments to Ukrainian legislation. In amendment to the Law on Police, he proposed to appoint officials of oblast, raion, and city departments of internal affairs after approval of local councils of the corresponding level. Besides that, he proposed that the corresponding officials shall yearly report to these councils about their activities. In amendments to the Law on Local Self-Government Bodies, Levchenko proposed to appoint oblast, city, raion etc. prosecutors upon submission of the Prosecutor General or the Minister of Internal Affairs (#2466a, 2467a).
Volodymyr Oliinyk has raised a question about protection of public morality and registered the corresponding draft law #2208a, which amends the Law on Protection of Public Morality, which widen rights of law-enforcement bodies and government bodies to control Ukrainian segment of Internet. "It's forbidden to create and disseminate the production which: popularize war; national and religious feud; violence; cruelty; contains calls to cease the state power, overthrow or forced change of the constitutionalism; violation of the territorial integrity of Ukraine; encroachment on human rights and freedoms; commitment of terrorist acts or other criminal offenses. According to the Article 6-1 "Prohibition on placement and dissemination in Ukrainian segment of address space Internet and information (automated) systems of Ukrainian production", any production, specified in the Article 2 (1,3) of the Law, is prohibited to be published in Ukrainian segment of address space Internet and information (automated) systems of Ukraine. Economic entities, which provide services connected to placement, storage, and access to electronic information resources, operators and providers of telecommunication services that provide access to the Internet, are obliged to:
- fully or partially delete electronic information resources, which contain production that is prohibited for create, disseminate, and circulate, not later than 24 hours after the corresponding court decision, passed upon request of the Security Service of Ukraine subdivision, or a body of internal affairs, enters into operation;
- upon inquiry of the Security Service of Ukraine subdivision or a body of internal affairs, which are responsible for the fight against cybercrime, provide the following information during 24 hours: information about the type of telecommunication services, their technical data, place and period of providing; available information about individuals (users) of services;
- in order to prevent leakage of information which constitutes state secret and pre-court investigation data, not to disclose information about content of inquiry made by the Security Service of Ukraine subdivision or a body of internal affairs, which are responsible for the fight against cybercrime, regarding information about the type of telecommunication services, their technical data, place and period of providing; available information about individuals (users) of services;
Vitalii Zhuravskyi has proposed to amend some legislative acts, which specify the concept of terrorism, responsibility for acts of terrorism and terrorism propaganda (#2219a).
Security and defense
Volodymyr Oliinyk, Yurii Samoilenko, and Oleksandr Kuzmuk have registered a Draft Law on Cybernetic Safety in Ukraine (#2207a). It gives definition for the concepts cyber security, cyber security threats, cyberspace... One of cyber security threats in Ukraine is "the dependence of national information infrastructure upon international manufacturers of high-tech products, and insertion of hidden harmful functions into software and technical means." "Enterprises, institutions, and organizations of all forms of ownership in cyber security are taking all the necessary measures to protect economic entities against cyber security threats and participate in liquidation of cyber incidents.
Officials in enterprises, institutions and organizations of all forms of ownership shall fulfill cyber security obligations provided by the legislation, and are responsible for organization of proper cyber security of information infrastructure in the enterprise, institution, or organization."
Health care and medicine
There were submitted three draft amendments to the Law on Medicines: Volodymyr Dudka has specified the concept of generic medicines, their certification and application (#2199a); Andrii Shypko with colleagues proposed to indicate the location of importer(s) of a medicine during its registration (#2388a); Vladyslav Lukianov, Volodymyr Dudka, Inna Bohoslovska, and Andrii Shypko have specified how to control the observance of terms of license on medicine retail in separate subdivisions. Such control should be realized by licensing body or its territorial subdivision, with consideration of specific peculiarities. The draft law also provides violations, which may result in drawing up a protocol on violation of license terms.
Local self-governments
Mykola Rudkovskyi deems it necessary to amend the Law on Local Self-Government, and Law on Production Sharing Agreements, and deprive local self-government of the right to register and conciliate agreements on sharing minerals production (#2438a).
AUU BATKIVSHCHYNA
In June, MPs of the AUU Batkivshchyna faction registered 78 draft laws and resolutions, 45 of which are substantive. The faction was focused on reforms to judicial and law-enforcement systems (9 substantial initiatives), and Hennadii Moskal was the most active author. The same number of registered draft resolutions concerned introduction of holidays and memorable dates. Social standards and issues are on the second place (8 purposeful legislative initiatives), and Yurii Vozniuk became the most active author, who elaborated the biggest number of non-formal initiatives which concern this subject. The faction was mostly productive in economic, finance, and administration issues (27 draft initiatives), but only 7 of registered initiatives were purposeful. Politics and state administration (4 initiatives), local self-government (3), and security and defense (2) were issues of priority in June. One purposeful initiative in humanitarian, foreign affairs, environment, and medicine sectors was registered.
Economics, finance, and administration
MP Mykhailo Apostol has proposed (#2193a) to allow formation of land plots and conduct their state registration with the use of land management documentation, developed in 2013 on the basis of decisions of executive bodies and local self-government bodies. According to the author, such regulation will help to secure interests of persons which have started the registration procedure, but received the abovementioned documentation before some regulations of the Land Code were amended.
Volodymyr Shkvaryliuk proposed (#2242a) to reconsider the redistribution of taxes and duties between the state and local budgets. Draft Law provides that the corresponding articles of the Budget Code of Ukraine will be amended, in particular the Article 29 regarding the transfer of 20 percent of enterprise profit tax to local budgets, and to increase the percent of deductions from income and fees received in the oblast, city, raion, town, or village to local budgets.
MP Liliia Hrynevych has registered a draft amendment to the Budget Code of Ukraine concerning widening the right of scientific, research (scientific and technological) institutions and organizations to conduct financial and economic activity. The author proposed that they independently maintain their financial resources and transfer their income to the current bank accounts.
Hennadii Moskal has registered a draft resolution (#2358a), which suggests transferring state objects, which are administered by the State Affairs Department, particularly enterprises, institutions and organizations providing services, recreation establishments, cultural enterprises and institutions, national parks and reserves, production enterprises and institutions and medical facilities, in the management of the Cabinet of Ministers of Ukraine. According to the MP, the current system of subordination is contradictory to a number of regulations of the Constitution and laws.
Serhii Faiermak has proposed to support domestic commodity producers by amending the procurement procedure. The Author proposed to legislatively determine terms "domestic commodity producer", and "foreign goods, works, and services"; to establish a special procedure to procurement of foreign goods and services.
Social issues and standards
Yurii Vozniuk has registered a draft law (#2237a), which provides duty exemption for registration of the first motor vehicle, granted to an institution which educates orphans, children deprived of parental care, family type children house and families having many children. According to the MP, the duty is excessive for these citizen categories, and prevents disadvantaged population from gaining a motor vehicle. Another initiative of the MP (#2238a) establishes the legal status of persons, which were born by imprisoned or compulsory placed in medical establishments women, stayed with one or both imprisoned, or deported parents till the age of 18, were deprived of guardianship because their parents were deported. The MP proposed to provide them with a number of privileges, stipulated by the Law of Ukraine on the Rehabilitation of Victims of Political Repression in Ukraine. Besides that, Yurii Vozniuk has registered a draft law (#2413a) which additionally secures the youth with first working place. The MP thinks that it's necessary to specify the definition of "the first working place" and establish criteria for such categories of citizens, secure the right for privileged job placement for 2 years after graduation or military service, establish procedure of filing appeals to an employer, ensure reporting on the matter to the territorial authority of the central executive body, to establish penal sanctions and measures of responsibility for employers which violate this regulation. The last legislative initiative (#2415а), submitted by Yurii Vozniuk in social sector, concerns strengthening the responsibility of a husband for taking care of the wife and newborn child. Th MP wants to provide men with the right to a paid social leave in connection of the birth of the child, for the period of 14 days.
A group of four MPs, Liudmyla Denysova, Serhii Faiermak, Andrii Senchenko, Oleksandr Dubovoi, have registered a draft law (#2232a) regarding minimal social guarantees when paying unemployment assistance. The Authors deem it necessary to return minimal unemployment guarantees for insured persons which are not lower than the subsistence minimum for able-bodied persons, and determine guarantees for not insured persons and those looking for a job for the first time, in amount not less than established by the Fund.
Tetiana Sluiz has initiated (#2279) protection of state servants against unlawful discharge, including discharge incidents after the change of authorities on the ministry level. The author has proposed to establish a moratorium on discharge from the position of the chief of staff, heads and deputy heads of central executive bodies, heads of independent structural departments of ministries and central executive bodies, heads and deputy heads of independent structural departments of territorial executive bodies, on the basis of the second negative assessment of official duties or reorganization of the state body.
Anatolii Dyriv has registered a Draft Law on Additional Social Guarantees for Employees of Health Care Institutions (#2289a). The MP has registered amendments to the Article 77 of the Law on the Basics of Legislation of Ukraine on Health Protection, which secure rise in wages for the period of service in health care sector in percent to salary (wage rate) depending on length of service in the following sizes: more than 3 years – 10 percent; more than 10 years – 20 percent; more than 20 years – 30 percent; a yearly pecuniary reward in amount of one salary (wage rate) for dutiful work; assistance for health improvement in amount of month salary for an annual vacation; receiving an additional payment in amount of 25 percent of the monthly salary (wage rate) for work in state and municipal institutions, enterprises, health care organizations, located in rural areas and urban villages.
Valerii Kalchenko has proposed (#2409) to return military participants of mitigation of consequences of Chernobyl nuclear clean-up 10-percent rise in pensions for the 1st category liquidators, and 5-percent rise for the 2nd and 3rd liquidators.
Law-enforcement system, justice, and fighting against corruption
Hennadii Moskal has registered amendments (#2224a) to the Criminal Code of Ukraine regarding widening expiry of validity for especially grave crimes. According to the author, the expiry of validity should be prolongated from 15 to 20 years for the following crimes: encroachment on a life of statesman or public figure; sabotage; intentional murder; rape, committed by a group of persons; rape of a minor; rape which caused any grave consequences; satisfaction of sexual desire in an unnatural manner by violence or threat of violence or by taking advantage of the helpless situation of the victim, committed against a minor, or if it caused any grave consequences; robbery, aimed at obtaining property in large or extra-large sizes, or by an organized group, or combined with causing grievous bodily harm; the creation of criminal organization; banditry; terrorist act; attacks on objects which contain any items of increased danger to the environment; bribery in a large scale by an official who is in particularly responsible position; and encroachment on a life of a representative of the foreign state. Another initiative of the MP (#2293a) concerns amendment of the CCU. The MP has proposed to specify the corpus delicti of creation of criminal organization; differentiate between the conceptions organization/leadership of the OCG (organized criminal group), and participation in the OCG; strengthen liability for creation and leadership of a criminal group by employees of law-enforcement bodies, particularly 8-15 years of imprisonment for creation and leadership, 7-10 years of imprisonment for participation, and 10-15 years of imprisonment for persons who hold the highest positions in criminal ranking. In his another initiative, the MP has proposed (#2309a) to introduce an additional type of punishment for sexual-related crimes committed against minors or juveniles. The author insists on introduction of chemical castration to reduce libido of sex offenders. Besides that, the MP deems it necessary to strengthen liability for intentional murder, rape, satisfaction of sexual desire in an unnatural manner by violence, sexual relations with immature persons, corruption of minors, and introduce chemical castration for up to three years to offenders who suffer from a disorder of sexual preference (pedophilia). The MP has also proposed (#2312a) to improve the procedure for the infliction of punishment in the CrCU and increase the maximal term of cumulative sentences of imprisonment up to 20 years.
Yurii Vozniuk has proposed (#2352a) to limit exemption of some government bodies from paying court fees, particularly the Ministry of Finance of Ukraine, local financial bodies, State Tax Service of Ukraine, State Customs Service of Ukraine, State Treasury of Ukraine, State Financial Inspection of Ukraine and their territorial units, State Financial Monitoring Service of Ukraine, and the National Bank of Ukraine. The MP is convinced that such benefits are not justified or reasonable, that they do not correspond to the principle of participation equality in social relations, and lead to the lack of discipline and abuses.
Pavlo Petrenko has registered draft amendments (#2300a) regarding paid probation conditions for receiving lawyer's practicing certificate. The MP is convinced that the payment of 20 minimal wages or 22,940 UAH may hinder obtaining of the profession and choosing labor activities by Ukrainian citizens due to the financial status. Therefore, the MP proposed to delete the regulation securing payment for such probation type.
Liudmyla Denysova and Andrii Senchenko have registered a bill (#2302a) with quite an exotic title: Draft Law on Making Amendments to the Criminal Code of Ukraine (on Responsibility for Political Soliciting or Drawing Individuals into Political Prostitution). However, despite the document doesn't provide a distinct definition for the term "political prostitution", but it clearly establishes rigid punishment for it, as well as for so-called "political soliciting". The Authors proposed the punishment from 4 to 10 years of imprisonment and confiscation of property.
MPs Iryna Lutsenko, Arsenii Yatseniuk, and Pavlo Petrenko have proposed (№ 2399а) to amend the Criminal Procedure Code of Ukraine in order to secure constitutional rights for the participants of criminal proceedings. Law initiators deem it necessary to allow not only lawyers, but also relatives and custodians to be defenders, to lift the limitation on the number of defenders and establish their rights by a separate article, particularly on independent search of evidences. Besides that, the bill provides a possibility to appeal against refusal of the prosecutor or investigator to provide defense party with materials of pre-court investigation. The authors propose not to accept the data, received from unknown sources, as evidence, and introduce a jury court etc.
Politics and state administration
Tetiana Sliuz has registered a draft law (#2307a), aimed to strengthen the control over implementation of the state social policy. The author has proposed to strengthen the role of the Verkhovna Rada of Ukraine during consideration of reports on activities of the state funds, and secure their mandatory promulgation in the Parliament.
Ruslan Kniazevych has submitted amendments to the Law of Ukraine on the State Voter Register (#2371a). In particular, he proposed to secure possible limitation of electoral right of Ukrainian citizens, which temporarily (for the election period) changed the voting place (polling station) without changing the election address, soldiers, and other citizens which don't belong to the corresponding electoral corps. Besides that, the mechanism of notification about inclusion of voters into voting lists at the corresponding polling station was improved.
Humanitarian policy
Members of the AUU Batkivshchyna faction have registered only one substantive initiative in the sector of humanitarian policy. It concerns recommendations on parliamentary hearings and titled On Problems of the Development of Ukrainian Book Publishing, Distribution, and Reading Perspectives in Ukraine (#2246a, submitted by Viacheslav Kyrylenko). According to the results of hearings, the Parliament will have to: amend regulations of the Tax Code pertaining to preferential taxes; join the Florence Agreement and Nairobi Protocol, what would exempt books and other educational, scientific, or cultural publications from customs and import duties; amend the Law of Ukraine on Public Procurement in order to allow buying literature, periodicals, and printed materials to libraries without tender procedures; to establish the standard of 50% Ukrainian books sold on the market. The Cabinet of Ministers should: elaborate and adopt the State targeted national cultural program promoting domestic publishing products and reading for 2014-2018, and secure its financing from the Stat Budget; consider the possibility of amending regulation of the Law of Ukraine on Public Procurement regarding non-extension of procurement procedures on the preparation and production of publishing products related to the continuation of publishing projects; take measures to widen international cooperation in book publishing sector; elaborate special crediting conditions for publishing houses; elaborate a bill which will secure Ukrainian book market from uncontrolled import, and submit to the Verkhovna Rada of Ukraine. The corresponding Ministry was recommended to: develop a State program for the replenishment and preservation of library funds till 2018; create a targeted state social program "Bibliobus" in order to secure rural citizens with library and information services; assist creation of the Children reading center based on the Ukrainian National Children Library; assist creation of the bibliographic information system "E-centralized cataloging", which will allow the Book Chamber of Ukraine to provide all libraries with bibliographic records of the national printed and electronic editions in the international communicative formats. The recommendations also concern the State Committee for television and radio broadcasting of Ukraine, the Autonomous Republic of Crimea Supreme Council of Ministers, oblast, Kyiv, and Sevastopol city, raion, and state administrations, and local self-government bodies.
Foreign affairs
Arsenii Yatseniuk has proposed (#2192a) to amend the Law of Ukraine on the Principles of the Domestic and Foreign Policy and prohibit participation in any international or national unions (in particular in the Customs Union and the Common Economic Space), membership in which contradicts to the political and economic integration of Ukraine to the European Union.
Local self-governments
Vasyl Derevlianyi has registered a bill (#2209a) which initiates amendments to the Law of Ukraine on the Status of Local Council Deputies, which will regulate their early termination of powers. The current wording of the Law allows depriving a deputy of his/her status without the corresponding local council decision, and only on the basis of court decision on bringing him/her to responsibility for corruption offenses.
Oleksandr Bryhynets has proposed (#2241a) to establish precise term of authority of local council deputies and make the corresponding amendments to Ukrainian legislation. The MP has proposed to regulate a controversial issue regrading the term of authority of local council deputies, elected on the special, regular, or the "first" elections. According to the author, the draft law makes impossible to extend the term of authority till the next regular elections, and, therefore, the authority of deputies is extended to the longer term than it's provided by the Constitution of Ukraine.
AUU SVOBODA
It turned out, that June was the most productive for the AUU Svoboda since the Verkhovna Rada of VII convocation. Its members have registered 28 draft legislative initiatives during the last month – 17 bills and 11 draft resolutions. Ihor Miroshnychenko and Oleksandr Myrnyi were the most active lawmakers. A bit more than one third of all documents (10), drafted by members of the Svoboda faction in June, concern financial, economic, and administrative issues. They include draft laws, aimed at: strengthening of local budgets through amendments to the Budget Code; assistance to agricultural manufacturers; prohibition on production and dissemination of low-alcohol beverages; securing the transparency of public procurement; exemption of the certain categories of citizens from paying excise tax and import duties for certain types of vehicles. Draft legislative acts which concern introduction of holidays and memorable dates are on the second place (6 documents). In particular, these are draft resolutions on celebration of 75th anniversary of Carpathian Ukraine; on celebration of 70th anniversary of the Conference of Enslaved Nations of Eastern Europe and Asia; on celebration of 245th birthday anniversary of Ivan Kotliarevskyi; on celebration of 500th anniversary of the Battle of Orsha; on celebration of 80th birthday anniversary of Myroslav Stelmakhovych; on celebration of 50th anniversary of the Shatskyi Forest College. of V.V. Sulko. Some draft initiatives (4) traditionally concern environmental issues and natural resource management, but they all are formal this time and concern the certain draft laws adopted as a basis, defeated, or sent for further elaboration. Members of the Svoboda faction didn't submit any legislative initiatives in the foreign affairs, as well as in security and defense sector.
Economics, finance, and administration
The MPs Oleksandr Myrnyi, Ihor Miroshnychenko, and Mykhailo Holovko have registered a draft law (#2319a), which prohibits production, dissemination, and advertising of low-alcohol beverages in Ukraine and establish liability for such activities. Thus, sanctions for the economic entities producing low-alcohol beverages will be the following: 200 percent of value of the output (by wholesale prices), but not less than 8,500 UAH. For selling low-alcoholic drinks – a fine in amount of 200 percent of the consignment price, but not less than 1,700 UAH. According to authors of the document, their initiative will lead to removal of synthetic and harmful beverages, produced with the use of rectified ethyl alcohol, and their substitution with natural drinks.
These very MPs have initiated the draft law (#2313a), which provides the exact procedure for the promulgation of an annual procurement plan by customers, which are the subjects of natural monopolies. They have also obliged such customers to quarterly report on accomplished procurement and provided the precise procedure for the promulgation of such reports. For today, the problem is that customers, which are subjects of natural monopolies are obliged to promulgate the annual procurement plan and report on accomplished procurement, which are conducted not in accordance to the Law of Ukraine on Public Procurement.
Two draft laws of the AUU Svoboda faction members are aimed at strengthening of financial independence of local budgets through amendment of the Budget Code. The draft law #2223a provides exclusion of 50% of payment for the extraction of minerals of the national significance from income of oblast and raion budgets, which constitute interbudget transfers, and their inclusion to the income of local budgets, which don't constitute budget transfers. Another draft law #2242a-1 secures strengthening of local budgets with income which are not included into interbudget transfers at the cost of 25% of fee for special use of water; 100% of monetary penalties for damage caused by violation of the legislation on environmental protection, 70% of environmental tax.
MPs Myrnyi and Miroshnychenko have registered two draft laws (#2378a and #2379a), in which they proposed to exempt persons, which rise three or more children, or one or more disabled children, from paying excise tax and import duty for passenger minivans that are not produced in Ukraine. The authors are convinced that such regulation will stimulate births of Ukrainians and improve the demographic situation in the country.
Humanitarian policy
Iryna Farion and Yurii Mykhalchyshyn have registered a draft resolution #2231a regarding removal of the term "Great Patriotic War" from the legislation of Ukraine and educational literature, as distorting the historical truth. Initiators of the document proposed to consider the term "Great Patriotic War" as distorting the historical truth, contradictory to European assessments of the Second World War, and causing misunderstandings and conflicts in Ukrainian society. Therefore, they deem it necessary to recommend the Cabinet of Ministers of Ukraine, as well as executive and local self-government bodies, to remove the term "Great Patriotic War" from the legislation of Ukraine; and the Ministry of Education, Youth and Sports of Ukraine – from educational literature for secondary schools and higher educational establishments.
Health care and medicine
Member of the Svoboda faction Oleh Helevei has initiated the draft law #2286a on making amendments to the Law of Ukraine on Transplantation of Organs and other Anatomical Materials (from live donors or deceased persons). The author has proposed to legislatively secure the possibility to take anatomical materials from live donors no matter in family or other relations with the recipient, and regulate the procedure for taking anatomical materials from deceased persons. For today, the effective regulation provides that anatomical materials (besides those able to regenerate) can be taken from live donors only if a recipient and a donor are married to each other or close relatives. As for deceased persons, the possibility to agree or disagree to become a donor after decease remains declarative, despite is secured by the law.
COMMUNIST PARTY OF UKRAINE
In June, members of the Communist Party of Ukraine have registered 16 dart normative acts, including 10 draft resolutions and 6 draft laws. Financial, economic, and social issues were topical for the Communists, which have drafted 6 documents in each of these sectors. They included draft documents concerning the following issues: returning the ArcelorMittal Kryvyi Rih PJSC to the state ownership; proper social protection for journalists which live and work in rural area; returning retirement conditions which were effective till October 2011; pay for work on holidays and days off. Members of the Communist faction have also registered 3 draft resolutions on introduction of holidays and memorable dates: on celebration of 230the anniversary of the Sevastopol city foundation; on celebration of 70th anniversary of the Village of Kopyshche tragedy; on celebration of 100 birthday anniversary of members of the NAS academy Volodymyr Hryhorovych Serheiev. State administration, humanitarian issues, health care, local self-government, foreign affairs, as well as in security and defense were not topical for the CPU party.
Law-enforcement system, justice, and fighting against corruption
MPs Viktoriia Babych, Roman Shuhalo, and Petro Tsybenko have registered a draft law
#2355аon making amendments to the Code of Administrative Offences of Ukraine (regarding responsibility for preventing perpetuation of the Victory). The Authors have proposed to establish administrative responsibility for preventing perpetuation of the Victory, provided by article 2 of the Law of Ukraine on Perpetuation of Victory in the Great Patriotic War of 1941-1945. According to the Law, perpetuation of the Victory involves the following activities: celebration of Victory Day; organizing free showing of fiction and documentary films about the Great Patriotic War of 1941-1945 in theaters; ordering, maintenance and construction of monuments, museums, and memorial complexes dedicated to the Great Patriotic War. For such illegal, in the opinion of the authors, actions, committers shall be fined for ten to fifteen untaxed minimums of a person’s income.
Economics, finance, and administration
Most of documents in this sector, drafted by the Communists, were formalistic – and concern the certain draft laws adopted as a basis, defeated, or sent for further elaboration. The exclusions are draft laws on returning the ArcelorMittal Kryvyi Rih PJSC to the state ownership and on making amendments to some legislative acts of Ukraine on return of state control over documents and forms that require the use of special protection elements and their production by state-owned enterprises.
Thus, the bill #2381a, drafted by Petro Symonenko and Serhii Balandin, provides returning the ArcelorMittal Kryvyi Rih PJSC to the state ownership. The authors justify such necessity by the facts of illegal change and breach of agreement, concluded between the ArcelorMittal Duisburg GmbH and the State Property Fund of Ukraine. In particular, it was non-observance of provisions on social guarantees secured by the agreement.
MPs Valentyn Matvieiev and Petro Tsybenko have registered the draft law (#2435a), which provides production of documents and forms that require the use of special protection elements, by state enterprises, which are managed by the National Bank of Ukraine. According to the authors, the main problem for today is private monopoly on the production of the documents of strict accountability. Therefore, it became possible that private companies earn on the production of documents, issued on behalf of the State (passports, driver's licenses, certificates, licenses). As a result, the state has lost the control over circulation of the documents of strict accountability and establishment of cost for their production.
Social issues and standards
The draft law #2294a secures returning regulations of the Law of Ukraine on General Mandatory State Pension Insurance, which were effective till October 2011, and make retirement age for men – 60 years, and 55 years for women, providing that their pensionable service is more than 15 years. It also provides the establishment of minimal age pension if men have 25 years, and women - 20 years of pensionable service. As the experts of the Central scientific expert office have correctly noticed, similar propositions were present in draft laws #1026 and #1063 of 12/12/2012, which were rejected and removed from consideration by the Verkhovna Rada of Ukraine.
The MP Roman Shungalo has proposed (bill #2249a) to introduce amendments to the Budget Code of Ukraine and secure the proper allocations on privileges, secured by Ukrainian legislation for journalists, which live in rural area. Today, despite the Law on State Support for Mass Media and Social Protection of Journalists (of 1/1/1998) was entered into operation, state subsidies for free use of housing, heating and lighting to specified categories of journalists were never granted, as long as funding sources of the corresponding social guarantees were not established.
UDAR PARTY
In June, members of the UDAR faction have registered the same number of draft legislative initiatives as they registered the last month – 14; 10 of which are bills and 4 draft resolutions. Most of documents (8) concern the politics and state administration, including: bills securing the mandatory submission of the Government Action Plan for consideration of the Verkhovna Rada of Ukraine and reporting of the Cabinet of Ministers of Ukraine on its implementation; on the conduction of plenary sittings of the Verkhovna Rada on the national language; on ensuring openness, transparency and democratic elections of all levels; on improvement of parliamentary hearings initiation; on the procedure of forming the personnel complement of Committees. Humanitarian issues, environment, health care, local self-government, foreign affairs, as well as security and defense were not topical for the UDAR party.
Politics and state administration
The MP Eduard Hurvits have registered the draft law #2243a on making amendments to some legislative initiatives of Ukraine (regarding the conduction of plenary sittings of the Verkhovna Rada of Ukraine). The Author has proposed establish that parliamentary sittings shall be conducted exclusively on the national language, in accordance of the Law of Ukraine on Principles of State Language Policy, and in case the speaker uses Russian, or other languages of national minorities of Ukraine, the Apparatus of the Verkhovna Rada of Ukraine shall provide its simultaneous translation on the state language and broadcast the translation in the session hall of the Parliament.
MPs Vitalli Klychko, Valerii Karpuntsov, and Nataliia Novak, have registered the draft law #2226a, securing the mandatory submission of the Government Action Plan for consideration of the Verkhovna Rada of Ukraine and reporting of the Cabinet of Ministers of Ukraine on its implementation. The authors are convinced that adoption of document is urgent, because it's necessary to change the established practice, when the Prime-Minister doesn't submit the Action Plan to the Government, and, therefore, doesn't report on its course or results.
Members of the UDAR have initiated bill #2280a on making amendments to some legislative acts of Ukraine (ensuring openness, transparency and democratic elections of the President of Ukraine, Members of Parliament of Ukraine, and Deputies to the Verkhovna Rada of Autonomous Republic of Crimea, Local Councils, Village, Town and City Heads). MPs Valentyn Nalyvaichenko and Roman Vanzuriak deem it necessary to legislative secure the use of video surveillance during all of the future elections, as long as the effective Law on Ensuring Openness, Transparency and Democracy of Elections of People’s Deputies on October 28, 2012 doesn't secure it for the future elections. The authors emphasize, that large sums were spent on video surveillance equipment.
Another four members of the UDAR party (V. Pynzenyk, S. Averchenko, V. Kurennoi, I. Pober) have registered the bill (#2311) establishing common rules for the financing of all managers of budget funds. In particular, it was proposed to delete the article 32(2) of the Law of Ukraine on the Status of National Deputies of Ukraine, which provide that in case of financing in smaller volumes than one-twelfth of budget allocations for maintenance of the Parliament, debiting of the difference in fund amounts from account of the State Treasury of Ukraine shall be made on an uncontested basis by collection orders of the State Administrative Office of the Verkhovna Rada of Ukraine.
Vitalii Karpuntsov has drafted a bill (#2339a) which allows MPs to initiate parliamentary hearings. Today, the effective Rules of Procedure of the Verkhovna Rada provide that the proposition on conduction of parliamentary hearings may be based only on the decision taken by the corresponding committee. In his other draft law (#2433a), Karpuntsov proposed to establish a new basis for changing membership of committees, particularly withdrawal (exclusion) of an MP of Ukraine from the faction, by which quota he was elected.
Social issues and standards
In the context of social policy, a group of the UDAR party members (P. Rozenko, O. Prodan, N. Ahafonova, I. Herashchenko, R. Pavlenko) has prepared a bill #2481a on introduction of transfer of insurance fees to the obligatory state pension insurance system. MPs have proposed to establish an accumulative system of the state pension insurance, which will operate in a simplified and experimental way during the first two years from January 1, 2014 to December 31, 2015. Transfers to the accumulative system will be made only from the unified social contribution of employees younger than 26 years (as of 2014) and in amount of 2% of their salary (income). At the same time, pension accruals of accumulative fund participants will be managed by a private pension fund administrator who will win in open competition.
INTER-FACTION BILLS
In June 2013, 115 inter-faction draft laws were registered in the Verkhovna Rada of Ukraine (including 61 draft regulations on appointment of special local elections). Not including procedural initiatives, representatives of different factions were focused on economic issues (9 draft initiatives), humanitarian policy (6), health care (4), and social issues (3). The analysis of these draft laws has shown that members of different factions jointly elaborate laws in the certain sectors or regulation. It is particularly vivid in the health care sector.
Economics, finances, and administration
MPs of Ukraine Dmytro Andriievskyi, Hennadii Zubko (AUU Batkivshchyna), and Volodymyr Vecherko (the Party of Regions) have registered a Draft Law of Ukraine on Hot Water and Hot Water Supply. According to MPs, Ukrainian legislation lacks determination and regulation for such goods and services like "hot water" and "hot water supply". The bill determines hot water as a separate product, establishes powers of government authorities regarding its management and supply, as well as responsibility for its poor quality. At the same time, Spiridon Kilinkarov (CPU), Volodymyr Saldo, and Volodymyr Prodyvus (the Party of Regions) have prepares a similar bill on the centralized hot water supply.
Kateryna Vashchuk (the Party of Regions) and Andrii Senchenko (AUU Batkivshchyna) have proposed to rise import duty on alcohol drinks. According to assessment of MPs, the total amount of still wines production in Ukraine has reached its absolute minimum during the last 8 years. In such circumstances, Vashchuk and Senchenko have proposed to support domestic commodity producers by raising import duty on foriegn alcoholic beverages. Simultaneously, 21 MPs, including Denys Omelianovych (the Party of Regions), Ihor Sabii (AUU Svoboda), Fedir Nehoi (UDAR), Valerii Lunchenko (AUU Batkivshchyna) have jointly raised the issue of proper funding of state support programs for vinegrowing, gardening, and hop growing industries.
Dmytro Sviatash, Vasyl Poliakov (the Party of Regions), and Vitalii Nemilostivyi (non-faction) have submitted a Draft Law on Taxi and Transportation on Demand. The Law provides complex regulation of different aspects of taxi market functioning. When explaining the topicality of their bill, lawmakers gave information about 85% of shadow taxi drivers in Ukraine.
Social issues and standards
16 MPs of Ukraine (Yevhen Hiellier, the Party of Regions; Spiridon Kilinkarov, CPU; Vitalii Chuhunnikov, UDAR; Yurii Odarchenko, AUU Batkivshchyna and other) initiated increase funding of the state construction program in 2013 for 450 million UAH. Instead, the current funding of this program is 89.55 million UAH.
A group of MPs (Liudmyla Denisova, AUU Batkivshchyna; Valerii Holovko, AUU Svoboda and other) have drafted a law on common principles for pensions and scholarships to employees in culture, education, health care sectors, and other categories of citizens. According to lawmakers, there are more than 10 effective laws in Ukraine which determine the provision of pensions for citizens and establish different approaches to pension calculation. The bill establishes provision of pensions for state servants, scientists, and diplomatic staff on a general basis. Instead, these categories of citizens, as well as employees in culture, education, health care sectors, will receive additional stipends.
Humanitarian policy
MPs of the Party of Regions (Yurii Miroshnychenko), AUU Svoboda (Oleksandr Sych), AUU Batkivshchyna (Liliia Hrynevych), CPU (Oksana Kaletnyk), and UDAR (Rostyslav Pavlenko) have proposed to give religious educational institutions the right to teach theology and to train specialists of other religious specialties, as well as open postgraduate doctoral studies and create specialized academic councils At the same time, religious educational institutions will continue their activities without any licensing. Instead, Viktor Pynzenyk (UDAR), Serhii Tihipko (the Party of Regions), Liliia Hrynevych (AUU Batkivshchyna) deem it necessary to give entrants the possibility to enter Master's degree program at universities after receiving a Bachelor degree in other specialty, providing that entrance test is passed successfully. The effective legislation allows entering Master's program only on the same specialty as their Bachelor degree.
Arsen Avakov (AUU Batkivshchyna), Vilen Shatvorian, and Nvier Mkhitarian (the Party of Regions) have registered a Draft Resolution of the Verkhovna Rada of Ukraine on Recognition of The Armenian Genocide in 1915-1922.
Politics and state administration
A group of 9 MPs has registered a Draft Law of Ukraine on reelection of MPs of Ukraine in single-mandate election districts #94, 132, 194, 197, 223 (David Zhvaniia, Anatolii Blyzniuk, the Party of Regions; Olha Mykhailenko, CPU and others). This document was elaborated by members of the Committee on State Building and Local Self-Government, which represent the Party of Regions and the CPU.
During June 2013, 61 Resolutions of the Verkhovna Rada of Ukraine on appointment of special local elections were registered.
Foreign affairs
Viktor Pynzenyk (UDAR) and Serhii Terokhin (AUU Batkivshchyna) have introduced a draft law on precedence of the Constitution of Ukraine over international treaties, including those inherited from the former Ukrainian SSR and the Union of SSRs. In particular, the draft law doesn't consider Ukraine as a legal successor of the Double Taxation Avoidance Agreement between the USSR and the Republic of Cyprus.
Environment and natural resource management
MPs of Ukraine Nestor Shufrych, Dmytro Shentsev (the Party of Regions), Valerii Holovko (AUU Batkivshchyna), First Vice-Speaker, and non-faction MP Ihor Kalietnik have drafted a new wording of the Law of Ukraine on Hunting and its Management. According to the authors, the effective law doesn't correspond to the modern state priorities in hunting and is contradictory to the basic laws of Ukraine.
Health care and medicine
Volodymyr Dudka, Tetiana Bakhteieva (the Party of Regions), and Vasyl Pazyniak (AUU Batkivshchyna) have proposed to widen the list of persons obliged to provide medical assistance. In particular, enterprises of all forms of ownership should be able to provide pre-medical help in accordance to the standards approved by the Cabinet of Ministers. Instead, it was proposed to add a new article to the Code of Administrative Offenses regarding responsibility for violation of requirements on pre-medical help.
11 MPs of Ukraine (Tetiana Bakhteieva (the Party of Regions), Roman Ilyk (AUU Batkivshchyna), Mariia Ionova (UDAR), Iryna Spirina (CPU) and other) have prepared a draft law on the protection of emergency teams from unlawful encroachment. Besides that, the bill allows emergency teams to use physical force and special means of protection against unlawful encroachments.
DRAFT LAWS SUBMITTED BY NON-FACTION MPS
In June 2013, non-faction MPs have registered 11 draft laws of Ukraine and resolutions of the Verkhovna Rada of Ukraine. According to regulatory issues, the majority of legislative initiatives concerned national security and defense (5, and the majority contains no procedures), and politics and state administration (2). All the other sectors – 1 drafts each.
Law-enforcement system, justice, and fighting against corruption
MP of Ukraine Serhii Mishchenko has registered a Draft Law on Improvement of the Accounting Chamber of Ukraine. In particular, the MP proposed to legislatively strengthen cooperation of the Accounting Chamber and the Office of the Prosecutor General of Ukraine. According to the information provided by Mr. Mishchenko, there is a large difference for today between the number of violations detected by the Accounting Chamber and the number of its appeals to the Office of the Prosecutor General. It means, that the final efficiency of inspection is low.
The MP Volodymyr Kupchak has proposed to add a new article to the Criminal Code of Ukraine, which will define the term "political persecution" and characteristics of the corresponding crime. Mr. Kupchak provides that political persecution will be punished from 8 to 10 years of imprisonment. He explains his initiative by the facts of political persecution in Ukraine against Yuliia Tymoshgenko and Yurii Lutsenko. We remind that Volodymyr Kupchak has left the AUU Batkivshchyna on June 6, 2013.
Politics and state administration
The MP of Ukraine Serhii Mishchenko has drafted a bill on bringing the Law of Ukraine on Elections of People's Deputies of Ukraine in correspondence to the Constitution of Ukraine. In particular, he proposed to delete a regulation, which forbids nomination for the President of Ukraine a person who was convicted for a deliberate crime from the Law of Ukraine on Election of the President of Ukraine. Mr. Mishchenko draws attention to the fact that the Constitution of Ukraine doesn't establish any similar restrictions to candidates for the President of Ukraine.
MPs Petro Poroshenko, Hryhorii Zabolotnyi, and Oleksandr Dombrovskyi have initiated simplification of procedures for transition of local self-government officials to public service. MPs are convinced that transition of local self-government officials to public service shall be made without any additional contest.
Humanitarian policy
Non-faction MP of Ukraine Yurii Derevianko has initiated a new state award "Father-Hero". This honorable title shall be given to fathers who have independently raised five or more children of eight years or more, including adopted.
Local self-governments
Hryhorii Zabolotnyi and Oleksandr Dombrovskyi have proposed to widen the list of notarial acts which can be made by authorized officials of local self-government bodies. According to the bill, officials of local self-government bodies will have the right to perform widespread notarial acts.
Security and defense
Non-faction MP, Head of the VRU Committee on National Security and Defense Volodymyr Lytvyn has submitted 5 draft laws and resolutions. In particular, they concern hearing of the Government about participation of Ukraine in keeping of peace and safety internationally in 2012, which is planned for June-July 2013. All the other drafts are procedural.