Information on implementation of the EU-Ukraine Association Agenda in 2011 - 2012
Information
“On Implementation of the EU-Ukraine Association Agenda in 2011- 2012”
Kyiv, January 2013
No. / List of Contents / Page1. / Introduction / 3
2. / Political Dialogue / 4
2.1. Democracy, rule of law, human rights and fundamental freedoms / 4
2.2. Combating corruption / 15
2.3. Foreign and security policies / 17
3. / Cooperation on Justice, Freedom and Security / 20
4. / Economic cooperation / 28
5. / Trade and trade-related issues / 31
6. / Energy co-operation, including nuclear issues / 39
7. / Other cooperation issues / 46
1. Introduction
The EU-Ukraine Association Agenda (the Association Agenda) was approved by the EU-Ukraine Cooperation Council (16.06.09). The Association Agenda includes joint measures of the Parties aimed at preparing Ukraine for the implementation of the EU-Ukraine Association Agreement.
To assess the progress in the Association Agenda implementation, the Joint Committee at Senior Officials Level (the Joint Committee) was set up. It prepares annual joint reports on the implementation of the document (June 2010, May 2011, November2012). At the 15th meeting of the EU-Ukraine Cooperation Council (15.05.12) the Joint Report on the Association Agenda implementation progress
in 2010-2011 and the Amendments to the operational part of the Association Agenda were officially approved.
In order to improve the coordination of the Association Agenda monitoring and implementation the Joint Committee has approved the Guidelines for
Sub-committees in relation to the EU-Ukraine Association Agenda (the Joint Committee at Senior Officials Level co-chairs message of 07.05.12), as well as the joint document “The EU-Ukraine Association Agenda: the bodies responsible for the implementation monitoring” (identifying the sub-committees, executive authorities of Ukraine and the divisions of the European Commission and the European External Action Service responsible for Association Agenda implementation).
In process of the Association Agenda implementation monitoring the assessments made by the EU, the EU Member States, international organizations, as well as the results of public monitoring on the Association Agenda are taken into account. Joint assessment of the Association Agenda implementation is carried out during the meetings of the EU-Ukraine bilateral bodies.
For reference: in particular in 2012 during the meeting of the Cooperation Committee (15.11.12), the EU-Ukraine sub-committees No 1 “Trade and Investments” and No 3 "Enterprise Policy, Competition, Regulatory Co-operation" (25-26.01.12), No 6 “Justice, Freedom and Security” (31.05-01.06.12), No 7 “Science and technology, research, education, culture, health” (07.06.12), No 4 “Energy, Transport, Nuclear Safety and Environment” (04-05.06.12), No5 “Customs and Cross-Border Cooperation” (24.10.12), No 2 "Economic and social issues, finances and statistics" (27.11.12).
In order to ensure the Association Agenda implementation the Ukrainian Side approves and realises the first-priority measures for Ukraine’s integration to the EU on annual bases (regulations of 19.05.10 No. 1073, of 29.06.11 No. 612, of05.04.12 No.184). Moreover the executive authorities approved agency-specific plans for Association Agenda implementation and update them annually.
As the results of the Forth meeting of the Joint Committee (08.11.12):
it was agreed to amend the Association Agenda provisions that either outdated or considered fulfilled as well as fill the substantive content into the section "Trade and issues related to trade" with regard to initialing of the Association Agreement between Ukraine and the EU;
third Joint Report of the Joint Committee of the EU-Ukraine Association Agenda implementation to the EU-Ukraine Cooperation Council was approved.
2. Political dialogue
2.1. Democracy, rule of law, human rights and fundamental freedoms
Implementation of the constitutional reform is a primary objective for Ukraine’s internal political development.
The drafting of the proposals concerning the conformity with the provisions of the Constitution of Ukraine to the European standards and values on the basis of recommendations of the Venice Commission was affected in the framework of the Commission on Strengthening Democracy and the Rule of Law (established by Decree of the President of Ukraine of 05.11.10 No.1015).
In order to ensure transparency, openness and democracy in this process and taking into account the opinion of the Venice Commission the Concept on establishment and organization of the Constitutional Assembly was approved (Decree of the President of Ukraine of 25.01.12 No. 31). The Constitutional Assembly is established as a special subsidiary body under the President of Ukraine to prepare the proposals for the improvement of the political system and amending the Basic Law (the Statute of Constitutional Assembly and its composition is adopted by Decree of the President of Ukraine of 17.05.12 No.328/2012).
In the framework of the Constitutional Assembly the commissions were created on constitutional order and the order of adoption and entry into force of amendments to the Constitution of Ukraine; on the rights, freedoms and duties of man and citizen; on issues of democracy; on organization of the government; on justice; on law enforcement; on administrative and territorial structure and local government. Realizing the importance of the Constitutional Assembly for searching and achievement of the national consensus the opportunity to participate in this process was provided for the opposition and international experts.
Three meetings of the Constitutional Assembly were held (22.06.12, 21.09.12, 06.12.12) during which:
proposal on introduction of amendments to the Article 98 of the Constitution of Ukraine in order to expand the authority of the Accounting Chamber of Ukraine was supported;
general approaches to systemic conceptual principles of constitutional and legal modernization of justice in Ukraine, including the need to create mechanisms to strengthen the guarantees of judicial independence to ensure and guarantee the effective protection of human rights and freedoms in Ukraine;
conceptual approaches to the definition of term and the law enforcement system were found positive.
In order to bring the electoral legislation in compliance with generally accepted international democratic standards and accelerate its codification a Working Group to improve the electoral legislation was established, chaired by the Minister of Justice of Ukraine (Decree of the President of Ukraine of02.11.10 No.1004).
Taking into account the recommendations of the Venice Commission the Law of Ukraine “On Elections of People's Deputies of Ukraine” was adopted (of17.11.11 No. 4061). In accordance with the Law on 28 October 2012 the Parliamentary elections were held by mixed majoritarian-proportional electoral system (50% for the electoral lists of candidates from political parties,
50% - by“winner-take-all” system in single member electoral districts).
The video surveillance system to monitor the voting process was provided (the Law ofUkraine "On Peculiarities of Openness, Transparency and Democratic Elections of People's Deputies of Ukraine on 28 October 2012" of 05.07.12 No.5175). During 2011-2012 the legislation on the State Register of voters was under improvement.
Legal principles, organization and procedure of national referendum specified by the Law of Ukraine "On national referendum" (of 06.11.12 No.5475). In order to improve the legal mechanism of direct participation of citizens in decision making at the local level the draft law "On Local Referendum" is prepared for the second reading (19.04.11 approved in principle).
In the final report of the Office for Democratic Institutions and Human Rights (OSCE/ODIHR) on the parliamentary elections in Ukraine (from03.01.13) positively noticed the competitiveness of election campaign in proper legal framework for the conduct of democratic elections, peaceful voting, and high quality system of voters’ registration. Improvement of the electoral legislation is being continued upon shortcomings that are pointed up during electoral process. It is envisaged that the said work will take place with the participation of political parties and public organizations, in collaboration with experts from the Council of Europe, OSCE and the EU.
Primary objectives:- prepare and ensure realisation of the plan of measures aimed at improvement of the electoral legislation taking into account the recommendations of OSCE/ODIHR election observation mission for parliamentary elections in Ukraine.
As part of the administrative reform during the 2011-2012 the legislation on the Cabinet of Ministers of Ukraine was improved. In particular, the requirements and restrictions imposed by the Law of Ukraine "On Principles of Prevention and Combating Corruption" are extended to the members of the Government, a special audit regarding nominees for the Government with their written consent is introduced (Law of Ukraine of 17.05.12 No. 4711).
The Prime-Minister of Ukraine and the First Vice-prime-minister of Ukraine were empowered to introduce governmental acts to the Cabinet of Ministers of Ukraine on condition that they do not lead the ministry (the Law of Ukraine of 24.05.12
No. 4850).
The main tasks, principles and activities arrangements of the central executive authorities are defined by the Law of Ukraine "On the Central Executive Authorities» (of 17.03.2011 No. 3166).
A plan of measures to reform the system of administrative services was realized (regulation of the Cabinet of Ministers of 26.10.11 No. 1076). Legal principles of the realization of rights, freedoms and legitimate interests of individuals and entities in the sphere of administrative services are defined by the Law of Ukraine "On Administrative Services" (of 06.09.12 No. 5203). According to the Law the state policy in this sphere is based on the principles of rule of law, stability, equality before the law, openness and transparency, efficiency and timeliness, accessibility to information, protection of personal data, rational minimizing the number of documents and procedural actions, accessibility and convenience for subjects of applications.
On the 3 December 2012 the Governmental draft Administrative Procedural Code of Ukraine was registered in the Parliament of Ukraine. The experts of the Council of Europe and SIGMA were involved in drafting process. The Draft is considered withdrawn as unapproved by the Verkhovna Rada of previous convocation, due to the changes in Government composition it is being prepared for re-entry.
Civil service reform is being done in conjunction with the reform of the system of executive authorities. The introduction of the new version of the Law of Ukraine "On Civil Service" was postponed to 1 January 2014 (of 17.11.11 No. 4050). The proposals concerning further improvement of the Law considering SIGMA experts’ approaches are carried out. Aimed at improving providing the state with qualified personnel the Strategy of the State Personnel Policy for 2012-2020 was approved and is being realized (Decree of the President of Ukraine of 01.02.12 No. 45).
In 2012 were held by National Civil Service Agency:
seminar "New Law of Ukraine "On Civil Service": achievements and challenges that must be overcome" (30.05.12 in connection with the program OECD / SIGMA);
international conference "Reforming of the State Service in Ukraine in the context of the realization of the EU integration policy: educational and methodological aspects" (14.12.12).
Primary objectives:- continue further improvement of the civil service legislation;
- finalise and pass to the Parliament of Ukraine the draft of the Administrative Procedural Code of Ukraine.
With the aim of further reforms in judicial system the agreement was reached to launch an informal dialogue on reforms in the sphere of justice between Ukraine and the EU. The first meeting is planned to take place on 6February 2013.
Working Group on Judicial Reform operates from 2010 (established by Decree of the President of Ukraine of 24.03.10 No. 440). The Juridical system was comprehensively reformed in accordance with the European standards by the Law of Ukraine "On the Judicial System and Status of Judges". During 2011-2012 the work on the improvement of the legislation in this sphere was carried out including the recommendations of the Venice Commission, in particular:
special training for the candidates for a post of judge was provided when appointed as a judge for the first time (Law of 20.10.11 No. 3932);
provisions on the status of the members of the High Qualifications Commission of Judges of Ukraine was improved (Law of 09.12.11 No. 4094);
order of proceedings was improved (Law of 20.12.11 No. 4176);
certain legislative acts are amended regarding the individual's right to review of judicial decisions (Law of 24.05.12 No. 4847) and participation in court via a video conference (Law of 04.07.12 № 5041);
additional guarantees are fixed to prevent politicization of the process the appointment and election of judges, to prevent influence the candidates
(Law of05.06.12 No. 4874);
The further improvements in the judicial system, in particular regarding the recruitment of judges, the requirements for age and experience of the candidates, the first term of appointment, the role of the High Council of Justice and forming procedure requires amendments to the Constitution of Ukraine.
The improvement of the criminal legislation is going on. On the 1 of June the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters was ratified (Law No. 3449) and in this regard, amendments to certain legislative acts of Ukraine were made.
On 15 November 2011 certain legislative acts of Ukraine were amended regarding humanization of responsibility for violations in the sphere of economic activity, which provide for prioritization of imposing monetary penalties for committing such offenses (Law No. 4025).
On 13 April 2012 a new Code of Criminal Procedure of Ukraine was adopted (Law No. 4651). It contains a number of new provisions relating to the establishment of procedural equality and adversarial, improving the rights of suspects, victim empowerment.
Moreover, the new Code significantly changed the law enforcement component in the activities of customs authorities. After the Code entered into force Customs authorities stopped to be the inquiry body in criminal cases, instead of that according to Article 41 of the Code the Customs authorities acquire the status of operational units, which carry out investigative (detective) actions.
With the aim of implementation of the Code of Criminal Procedure of Ukraine:
the legislation of Ukraine is being improved, including the investigative judges are chosen in courts and the judge is appointed who specializes in juvenile, a unified registry of pre-trial investigations is created, each investigator received a personal electronic key to enter the system, the regional departments of internal affairs are equipped with internet etc.;
the amendments are made to certain acts of the Cabinet of Ministers of Ukraine (resolution of the Cabinet of Ministers of Ukraine of 19.09.12 No. 868), the central executive authorities carry out some work to bring to correspondence some agency-level acts with the Code;