Information “On Implementation of the EU – Ukraine Association Agenda in 2013”

Ukrainian part of the Joint Committee at Senior Officials level

on implementation of the EU-Ukraine Association Agenda

Information

“On Implementation of the EU - Ukraine

Association Agenda in 2013”

Kyiv, as at 20 August 2013

List of Contents

1. Introduction...... 3

2. Political Dialogue...... 5

2.1. Democracy, rule of law, human rights and fundamental freedoms...... 5

2.2. Combating corruption...... 20

2.3. Foreign and security policies...... 22

3. Cooperation on Justice, Freedom and Security...... 27

4. Economic cooperation...... 39

5. Trade and trade-related issues...... 42

6. Energy co-operation, including nuclear issues...... 51

7. Other cooperation issues...... 60

  1. Introduction

The EU - Ukraine Association Agenda (AAg) is a practical tool to prepare for the implementation of the Association Agreement between Ukraine and the EU until it enters into force, cooperation within the framework of which has been maintained since 2009. It defines joint actions of the Parties related to political dialogue on foreign policy, justice and security issues, economic and sectoral cooperation based on the principles of joint EU participation, accountability and evaluation.

The importance of overall strengthening of the AAg implementation and its early update was stressed at the Joint Statement of the 16th EU - Ukraine summit. The National Action Plan for 2013 on implementation of the economic reform program (Decree of the President of Ukraine of 12/03/13 No. 128) includes a certain section “Political association and economic integration of Ukraine into the EU”. Other sections of the National Action Plan also stipulate for the measures in certain spheres aimed at the AAg implementation and adaptation of the Ukrainian laws to the EU legislation.

The measures are taken with a view of the AAg necessary for signing the UkraineEU Association Agreement at the Eastern Partnership Summit in Vilnius in November 2013 in the framework of introducing also:

the urgent measures on European integration of Ukraine (Decree of the President of Ukraine of 12/03/13 No. 127);

the first-priority measures on European integration of Ukraine in 2013 which annually (since 2010) are being approved by the Government (Government order of 13/02/13 No.73);

the Action Plan on implementation of the National Program on legislative adaptation in 2013 (Government order of 25/03/13 No.157);

departmental plans on AAg implementation which are annually being updated by the authorities.

According to the Statement of the Verkhovna Rada “On implementation of the Euro-integration aspirations of Ukraine and conclusion of the Ukraine - EU Association Agreement” the assistance to full implementation of the measures in the framework of the AAg has been endorsed (statement of 22/02/13 No.30). At the current moment the deputies of the Transcarpathian and Volyn regional councils, Mukachiv district council, Chop municipal council, seven district councils (Vynohradiv, Irshavsk, Mizhhirsk, Mukachiv, Perechynsk, Svaliava and Uzhhorod district councils) as well as of two village councils (Bohdan village council of the Rakhiv district and Rokosovo of the Khustiv district) of the Transcarpathian region have adopted decisions on supporting the Statement.

The progress assessment on the AAg implementation is carried out in the framework of the Joint Committee at senior officials level (the Joint Committee) and discussed at the meetings of bilateral bodies with the EU (the Committee annually prepares joint reports on the implementation of the document).

In particular, in 2013 during the meetings of the Ukraine –EU Cooperation Council (24/06/13), the Ukraine – EU subcommittee No.1“Trade and investment” and subcommittee No.3 “Policy in the sphere of entrepreneurship, competitiveness, regulatory cooperation” (1516/05/13), subcommittee No.6 “Justice, freedom and security” (22-23/05/13), subcommittee No.4 “Energy, transport, nuclear security and ecology” (17-19/07/13).

During the Sixteenth meeting of the Ukraine- EU Cooperation Council:

the Association Agenda has been updated in view of the conclusion of the Ukraine – EU Association Agreement negotiations and with due regard for its implementation monitoring;

the third Joint report of the Joint Committee at senior officials level responsible for AAg monitoring (signed by the Parties on 8 October 2012) and second Statement of the Joint Committee at senior officials level responsible for AAg implementation (signed by the Parties on 19 June 2013) have been endorsed.

Aiming at the efficient AAg implementation the Division of competences of the AAg implementation between the governmental authorities of Ukraine and Ukrainian parts of the EU - Ukraine bilateral bodies has been updated.

The Ukrainian Side regularly informs the EU on the AAg implementation, in particular in 2013 the information on implementation of the EU - Ukraine Association Agenda in 2011-2012 (February) and in the first quarter (May) was submitted to the EU. The assessments of the EU and the EU member-states are taken into account, in particular annual reports of the EC and the European External Action Service on implementation of the European Neighbourhood Policy in Ukraine.

With the purpose of informing the public about the eurointegration activity an edition of monthly electronic Information bulletin “On Ukraine`s path towards the EU integration” has been created which covers the information about the AAg implementation (5 editions are published on the Governmental portal).


  1. Political dialogue

2.1. Democracy, rule of law, human rights and fundamental freedoms

The EU Foreign Affairs Council conclusions on Ukraine:
Electoral, judiciary and constitutional reforms in line with international standards are integral parts of it [AAg] and commonly agreed priorities.
10 December 2012

Implementation of the constitutional reform is a priority objective for Ukraine’s internal political development.

In order to increase the transparency and democracy of constitutional reforms and taking into account the conclusions of the Venice Commission, the Constitutional Assembly aimed at preparing proposals for improving the political system and amending the Constitution of Ukraine was established by the President of Ukraine (Decree of 17/05/12 No. 328). In order to search and achieve a national consensus on key issues of the Constitutional reform, the opportunity to participate in its process was provided for the opposition and international experts.

Commissions of the Constitutional Assembly prepare proposals for separate sections of the draft Concept.

In particular, in 2013 the meetings of commissions took place on the following issues: the Constitutional order and order of adoption and entry into force of amendments to the Constitution of Ukraine (15/02, 03/04); the rights, freedoms and duties of man and citizen (12/02, 25/02, 19/03); the democracy (12/02, 22/03); the organization of state authorities (15/02, 12/03); the justice (17/01, 22/02, 15/05); the law enforcement (01/03); the administrative-territorial structure and local government (28/02-01/03).

On 23 April 2013 the Coordination Bureau of the Constitutional Assembly created a Working group on drafting a Concept of amendments to the Constitution of Ukraine in order to upgrade and arrange the proposals of commissions (resolution No.14). Meetings of the leaders of the Coordination Bureau of Constitutional Assembly and the Venice Commission discussing the issue of the constitutional reform implementation took place (05/02/13, 21/03/13).

Four meetings of the Constitutional Assembly were held (in 2012: 20/06, 21/09, 06/12 and 21/06/13). On 21 June 2013 the draft Concept of amendments to the Constitution of Ukraine was approved at the fourth plenary meeting of the Constitutional Assembly as a foundation for further improvement, in particular the draft Concept envisages delegating the part of presidential powers to the Verkhovna Rada, as well as introducing an institute of the people`s legislative initiative and people`s veto. The discussion resulted in promulgation of the draft Concept.

On 5 July 2013 a regular meeting of the standing methodological seminar “The modern constitutional progress in Ukraine: issues of theory and practice” on the subject of “The draft Concept of amendments to the Constitution of Ukraine: issues of improvement” was held with participation of the Constitutional Assembly members, scientific consultants, leading experts in the sphere of constitutional law, the public representatives.

In view of discussions at the Constitutional Assembly meeting, on 18 January 2013 (No.2049) the President of Ukraine has submitted to the Verkhovna Rada the draft law on amendments to the Article 98 of the Constitution of Ukraineconcerning the powers of the AccountingChamber and defined it as urgent for special consideration. On 21 May 2013 the Constitutional Court recognized the draft law consistent with Articles 157 and 158 of the Constitution of Ukraine.

On 20 June 2013 the Verkhovna Rada has preliminary approved the draft law that in accordance with established by the Constitution of Ukraine order will be submitted for consideration at the next session of the Verkhovna Rada.

On 29 March 2013 the Constitutional Assembly has submitted for examination to the Venice Commission the draft law on amendments to the Constitution of Ukraine strengthening the independence of judges, on which a positive conclusion of the Venice Commission was endorsed as a whole on 14 June 2013. On 4 July 2013 the President of Ukraine has submitted for the Parliament’s consideration the draft law “On the amendments to the Constitution of Ukraine strengthening the guarantees of independence of judges” (No.2522а) andacknowledged its urgency for special consideration.

On 12 June 2013 the Steering Committee Meeting on Council of Europe Action Plan for Ukraine 2011-2014 was held in Kyiv. During the meeting the draft Report on Ukraine’s implementation of projects for the period since July 2012 till July 2013 was considered, in particular on the following areas: strengthening protection of human rights and efficiency of the judiciary, adherence to the principles of the rule of law, strengthening of democratic institutions at the national, regional and local levels.

On 20-22 June the International conference “The issues on the protection of human and citizens’ rights by the bodies of constitutional jurisdiction under modern conditions” took place in Yalta. The conference was organized by the Constitutional Court of Ukraine with the support of the President of Ukraine jointly with the Venice Commission, German Foundation for International Legal Cooperation and the OSCE.

On 8-9 July 2013 the 7th regular report of Ukraine on implementation of the International Covenant on Civil and Political Rights was presented.

The Ukrainian Side Assessment: certain progress achieved.

The measures ensuring the efficient electoral system directed at conducting elections compliant with the international standards and implementing the OSCE/ODIHR recommendations are being pursued.

Joint Statement of the ХVІ Ukraine - EU Summit:
The leaders noted the OSCE/ODIHR’s final assessment of the 28 October 2012 Parliamentary elections in Ukraine, acknowledging the need to fully implement its recommendations. They agreed on the importance of follow up to electoral irregularities, including early steps to establish a reliable electoral legislation by giving consideration to an Election Code and clear rules for balanced media access for electoral competitors, in close consultation with the OSCE/ODIHR and the Council of Europe/Venice Commission, as well as addressing the inconclusive results in single mandate constituencies.
25 February 2013

The final OSCE/ODIHR’s report (of 03/01/13) on the Parliamentary elections in Ukraine positively notes the competitive election campaign, the overall legal framework for democratic elections, peaceful voting, high quality of voter registration system. The improvement of the electoral legislation is being continued with consideration of some shortcomings of the election process that have been observed.

The Government has approved and continues to perform the Plan of top-priority measures aimed at improvement of the electoral legislation (order of 04/03/13 No. 103). It was prepared with consideration of the OSCE/ODIHR’s conclusions and recommendations.

The Ministry of Justice has drafted a Law “On the amendments to some legislative acts of Ukraine on improving electoral legislation” that was improved in accordance with the Joint Opinion of the Venice Commission and OSCE/ODIHR (approved on 14 June 2013 at the 95th session of the Venice Commission) and its public discussion.

On 1 July 2013 the draft law was repeatedly sent for examination to the Venice Commission, the OSCE and the EC and posted on the official Ministry of Justice website and Governmental website “Civil society and authorities” for public discussion. On 3 July 2013 the draft law was sent to the heads of deputy factions in the Verkhovna Rada for proposals.

The Government carries out work on studying an international experience and recommendations of the GRECO, the Venice Commission, the Council of Europe and the OSCE in legal regulation of financing political parties and election campaigns, in particular the proposals on stirring up financing of the election campaigns of people’s deputies have been included in the drafted by the Ministry of Justice law.

The basic conceptual decisions on the election procedures, applied to legislation on the election of people’s deputies of Ukraine will be used in the course of further improvement of the electoral legislation with the purpose of achieving its maximum unification.

A broad dialogue on further improvement of the electoral legislation has been launched in Ukraine, in particular:

on 25 April 2013 the discussion on the vision of prospective complex renewal of the electoral legislation took place in the framework of expert consultations with representatives of the Venice Commission, the Council of Europe and the OSCE;

on 20 June 2013 during the roundtable on reforming the electoral legislation, organized by the Delegation of the EU to Ukraine and the United States Embassy to Ukraine jointly with the Venice Commission and the OSCE with participation of the leaders of governmental authorities, people’s deputies of Ukraine, representatives of the opposition and public society.

With the purpose of additional examination and discussion of the Venice Commission and the OSCE/ ODIHR’s observations and recommendations and possible ways of their consideration, the Ministry of Justice scheduled to hold a series of roundtables during August - November 2013 with involvement of the people’s deputies of Ukraine, representatives of the political parties, interested public authorities, institutes of public society, scientists, experts of the Council of Europe, the OSCE/ ODIHR and the EU, mass media.

On 13 August 2013 the first roundtable on the discussion of observations and recommendations concerning the amendments to the Constitution of Ukraine was held (inparticular, fixed requirements to candidates for people’s deputies of Ukraine).

On 19 July 2013 the Ministry of Justice has approved a roundtable Schedule on the improvement of electoral legislation (order No. 712/7) concerning the discussion of observations and recommendations of the Venice Commission and the OSCE/ ODIHR on the following: 1. amendments to the Constitution of Ukraine (13/08); 2. codification of the electoral legislation (09-13/09); 3. revision of the provisions of Law on the elections of people`s deputies of Ukraine (01-4/10); 4. financing of the political parties and election campaigns, possibility of their implementation in the national legislation (11-15/11).

On 13 May 2013 the governmental draft law on conducting the rerun elections of the people’s deputies of Ukraine to the Verkhovna Rada of the VII convocation in some single mandate constituencies due to the impossibility of reliable determination of voting results and the results of the election of people's deputies (reg. No.2971) was submitted for the Parliament’s consideration. The Joint Opinion of the Venice Commission and the OSCE/ ODIHR (of 14/06/13) sets out position on the draft law.

Taking into account that an alternative draft law (reg. No.2971-1) is on the Parliament’s approval, the Verkhovna Rada Committee on State Building and Local Self-Government has created a working group that elaborated the draft law “On rerun elections of the people’s deputies of Ukraine in single mandate constituencies No. No. 94, 132, 194, 197, 223” (reg. No.2971-d). Consideration of the above-mentioned draft-laws is envisaged at the third session of the Verkhovna Rada.

On 29 May 2013 on the results of consideration of the constitutional petition of 48 people's deputies of Ukraine, the Constitutional Court has adopted a decision according to which all regular elections of the deputies of the Supreme Council of the Autonomous Republic of Crimea, village, settlement, town, district, regional councils and village, settlement, town heads elected at the regular or special elections might be conducted simultaneously on the whole territory of Ukraine on the last Sunday of October 2015, that would promote stability of the electoral legal relationship in Ukraine. On the basis of this decision the Verkhovna Rada should approve a decision on types and terms of the elections for the Kyiv city head and deputies of the Kyiv city council.

In order toimprovethe legalmechanismof directparticipation of citizens indecision making at the local levelthe draft law “On local referendum” is being prepared for the secondreading (reg. No. 0867). The process of working in established order at the conclusions of the Venice Commission (of 14/06/13) concerning thel of Ukraine “Onnational referendum” is underway.

Primary objectives:

  • to take comprehensive measures aimed at preparation and consideration by the Verkhovna Rada of the draft laws on:

- making amendments to some legislative acts of Ukraine on improvement of the electoral legislation;

- determining a rerun elections date in single mandate constituencies;

  • to carry on a broad dialogue on further improvement of the electoral legislation.

The Ukrainian Side Assessment: certain progress achieved.

Implementation of the Council of Europe program “Strengthening Institutional Capacity of Local Authorities in Ukraine” is ongoing.

In order to enhance the role of local authorities as regards the social economic development of territories, introduction of European standards of people’s quality of life the draft laws “On the right of territorial communities for amalgamation”, “On the bodies of self-organization of the citizens”, “On cooperation of the territorial communities” have been prepared which are under the process of approval by the central executive bodies, local authorities and their associations as well as the public discussion.

The draft Concept of the reform of local government and territorial organization of the power in Ukraine has been elaborated in close cooperation with the Council of Europe. The basic provisions of the draft Concept aimed at clear delimitation of powers between the executive bodies and local government authorities, establishment of the territorial organization of the power on the new territorial basis, strengthening the organizational and financial capacity of the territorial communities etc. A broad information-explanatory activity regarding the advantages of the reformed local government system is being performed.

The draft Concept was sent for examination to the Council of Europe.

In the framework of the administrative reform a working group for elaboration of the conceptual approaches on the improvement of administrative procedure was established in the Ministry of Justice. The Administrative procedure code has been drafted with involvement of the experts of the Council of Europe and SIGMA. On 26 July 2013 the draft Code was sent for examination to the Council of Europe.