Information on the EU-Ukraine Association Agenda Implementation

Information on the EU-Ukraine Association Agenda implementation

March, 30 2010

INFORMATION

On the EU-Ukraine Association Agenda implementation

To be considered at the Association Agenda Joint Committee at Senior Officials Level Videoconference

European integration remains for Ukraine the key priority in its foreign policy and the strategy for carrying out our strategic social and economic reforms. This was proved during the meetings of the President of Ukraine Viktor Yanukovich with the leaders of the EU (1 March 2010, Brussels).

Taking into account the exceptional importance of the process of European integration, Prime Minister of Ukraine Mykola Azarov will personally supervise the negotiations between the governments of Ukraine and the EU. The Government Committee on Reforms has been established under his leadership. It includes Vice-Prime-Ministers, Minister for Foreign Affairs, Minister of Economy, Minister of Finance, Minister of Justice, Minister of Labor and Social Policy, Minister of the Cabinet of Ministers and deputy ministers of industrial and agricultural policy (resolution of the Cabinet of Ministers of Ukraine of 17 March 2010, № 460).

Government of Ukraine made a decision that the Vice-Prime-Minister of Ukraine Serhiy Tyhypko would coordinate the policy of Ukraine’s integration into the EU. His competence also includes the issues of Euro Atlantic integration, cooperation with Council of Europe, approximation of the Ukrainian legislation to that of the EU, cross-border cooperation, etc (resolution of the Cabinet of Ministers of 17 March 2010, № 456).

POLITICAL DIALOGUE

Strengthen the stability, independence and effectiveness of institutions guaranteeing democracy and the rule of law and in particular:

1.  Promoting an inclusive constitutional reform process designed to further develop a constitutional system of effective checks and balances between state institutions, in the light of the relevant recommendations of the Venice Commission

Election program of the President of Ukraine Viktor Yanukovich provides that the constitutional reform will be intended on the democracy development, local self-government, protection of rights and freedoms of citizens. The agreement about the establishment of the coalition of deputy’s fractions “Stability and reforms” in the Verkhovna Rada of Ukraine of the sixth convocation foresees the improvement of government’s mechanisms, strengthening the foundation of parliamentarianism and democracy.

Measures are being taken to provide the efficient interaction of the Government of Ukraine with the President of Ukraine and the Parliament with the view of creating a qualitatively new condition for the system reforms implementation.

2.  Work closely together in reforming and enhancing the capacity of the public administration system in Ukraine on the basis of an assessment by SIGMA, including an effective fight against corruption

The Coalition agreement of deputy’s fractions “Stability and reforms” foresees the increase of level of the government’s effectiveness.

The Cabinet of Ministers of Ukraine distributed the competences between the First
Vice-Prime-Minister, Vice-Prime-Ministers and the Minister of the Cabinet of Ministers (resolution of the Cabinet of Ministers of Ukraine № 456 of 17.03.2010).

Particularly, the Vice-Prime-Minister of Ukraine Serhiy Tyhypko competence includes the issues of the public administrations reforms; Vice-Prime-Minister of Ukraine Viktor Tykhonov competence – administrative-territorial reform; executive bodies and local self-government bodies’ reforms at the local and regional level.

The competence of the Minister of the Cabinet of Ministers Anatoliy Tolstoukhov includes the following issues: conduction of the administrative reform; improvement of the public administration; implementation of the e-government technologies and of the European standards in the executive bodies’ activity, promotion of usage of the best world and European practices in the organization of public administration.

Government of Ukraine has established 9 governmental committees, in particular on the reforms; economic fields; economic policy; national security, defense, law-enforcement activity and the activity of the military-industrial enterprises; regional policy, building and housing communal services; agricultural policy; humanitarian, social and science-innovation development; ecology, youth, sport and tourists policy; preparation to the final part of the Euro-2012 Football Championship in Ukraine (resolution of the Cabinet of Ministers of Ukraine № 460 of 17.03.2010)

Draft laws “On Ministries and Other Central Executive Authorities” and “On State Service” (new version), “On the Administrative Services” prepared during the year of 2009 undergo another circle of approval by the new Government of Ukraine.

It is planned to receive the SIGMA mission to Ukraine with the purpose of assessment of the state funds sector management (6-9 April 2010).

3.  Ensuring the effectiveness of the electoral framework and environment so as to continue the conduct of presidential and parliamentary elections in accordance with international standards for democratic elections and the recommendations made by OSCE/ODIHR

Observers mission’s representatives of the OSCE, PACE, European Parliament and the NATO Parliamentary Assembly recognized that the elections of the President of Ukraine held in February 2010 responds to the majority of international obligations undertaken by the state.

For the purpose of ensuring the right of free expression of each citizen during the presidential elections lists of voters were composed and specified on the basis of extracts from the State Registry of Voters. The lists were presented to the citizens of Ukraine also for the purpose of correction of personal information.

Election law improvement, establishment of the institutional mechanism of ensuring the elections, in particular functioning of the central and regional bodies of maintenance of the new State Registry of Voters, were being conducted.

The draft of Election code (registration number № 4234-1, of 14 April 2009) is being considered by the Ukrainian Parliament. The main goal of the draft is to set up unique and unified legal base for the preparation and conducting of elections, prescribed by the Constitution of Ukraine.

In the structure of the new government the issues of organization of the work of the executive bodies concerning the regulatory and legal settlement of the issues of election process and establishment of the State Registry of Voters refer to the competence of the Vice-Prime-Minister Viktor Tykhonov (by the resolution of the Cabinet of Ministers of Ukraine of 17 March 2010, № 456).

Concerning the rule of law

By the decision of the International Coordinating Committee of the National Human Rights Institutions of the UN Human Rights Council in May 2009 the Ombudsman Institution of Ukraine has been given the highest (among three existing) “A” accreditation status. The activity of the Ukrainian Parliament Commissioner for Human Rights completely complies with the approved by the General Assembly of the United Nations on 20 December 1993 Principles (so-called Paris Principles) relating to the status of national human rights institutions (resolution 48/134). Taking into account the mentioned fact, this priority is considered to be implemented.

Ensure the independence of the judiciary and the effectiveness of the courts and of the prosecution as well as of law enforcement agencies, and in particular:

4.  Continuing reform of the judiciary and of the court system so as to further strengthen the independence, impartiality, and professionalism of the judiciary and courts, notably by enhancing the training of judges, court officials and prosecutors as well as support staff and law enforcement agencies staff

For the purpose of acceleration of the process of fulfillment of the judicial reform and provision of independency, impartiality and efficiency of judicial power in Ukraine the Tentative Special Commission of the Verkhovna Rada on the preparation of the concept of judicial reform has been established on 23 December 2009 (Decree of Verkhovna Rada № 1789).

Draft Law “On Public Prosecution” has been sent on 5 February 2010 for the consideration by the scientific institutions and the General Prosecutor’s Office. In the nearest time the conduction of public discussion and submitting it for the expertise to the Venice Commission is planned.

Conclusions of the European experts concerning the state of play with the reforming of the judicial system of Ukraine and legislative initiatives in this field were discussed on 5 February 2010 in the Ministry of Justice during the round table.

Within the framework of the EU Programme “Transparency and Efficiency of the Judicial System of Ukraine: Component of the State Service” the trainings for the heads of the offices of the general courts of appeal “Efficient Communication” were held (22-24 February 2010). With the view of promoting more efficient management and administration in Ukrainian courts the training program for the heads of the general courts of appeal was launched on15 March 2010.

Within the framework of the EU Programme “Support to the Academy of Judges of Ukraine”: the seminar “Administration in the Local and Administrative Courts of Ukraine” was held (28-29 January 2010); study visits of judges of the Supreme Court of Ukraine to the Portuguese and Romania (31 January – 6 February 2010) and to the Austria and the Netherlands (21-21 February 2010) were conducted; the trainings of the judges concerning the procedure of selecting the candidates for the office of judges and the assessment of the level of knowledge, granting the support to the elaboration of tests for the candidates selection are in the process of conduction.

The Working Group on the Judicial Reform headed by the President of Ukraine was established on 24 March 2010 (decree of the President № 440).

The meeting of the Working Group on the Judicial Reform headed by the President of Ukraine Viktor Yanukovich took place on 25 March 2010. As a result, the decision concerning the necessity of adoption of the majority of the laws on the judicial reforms in the 1st half-year period of 2010 was taken. Also it was stressed that it is necessary to take into account the recommendations of the Venice Commission.

5.  Effective implementation and enforcement of the civil, criminal and administrative codes and their corresponding procedural codes, based on European standards

The elaboration of the Government draft Code on Economic Justice in Ukraine (№ 2777) is in process. Its objective is to improve legal regulation of economic justice, taking into consideration European standards regarding the judicial protection of violated rights and interests of persons, and also to unify with the norms the other procedural codes, namely in the part of the main grounds of the fulfillment of justice.

The Draft of the new Criminal Procedural Code of Ukraine prepared during the 2009 undergoes another circle of approval by new Government of Ukraine.

Ensure respect for human rights and fundamental freedoms by comprehensive cooperation on the protection of human rights and fundamental freedoms, covering both individual cases and issues concerning international law instruments on human rights. This cooperation includes, inter alia:

6.  Following up on the implementation of the judgments of the European Court of Human Rights and promoting the evolving jurisprudence of the Court as a major source of international human rights law, with the support of the EU

On 11 February 2010 the Government of Ukraine agreed the Plan of the priority measures concerning the removal of the systematic faults which leads to the non-implementation of the decisions of the national courts (the resolution of the Cabinet of Ministers № 222). It is aimed at the ensuring of the implementation of the European court of human rights decisions of 15 October 2009 “Yuriy Mykolayovich Ivanov vs. Ukraine”.

Freedom of Expression, Assembly and Association

The Verkhovna Rada of Ukraine is elaborating the draft law “On Changes to Some Laws of Ukraine Concerning the Public Participation in the Formation and Implementation of the State Policy, Solving the Issues of a Local Significance” (adopted in the first reading, register № 3654), which will give the opportunity at the legislative level to establish appropriate mechanisms of realization by the citizens both directly and through the institutes of civil society of its constitutional rights of the participation in the management of the state’s affairs.

Draft law “On the Concept of the Public Information Policy” prepared during the 2009 undergoes another circle of approval by the new Government of Ukraine.

7.  Exchanging best practices on measures to protect minorities from discrimination and exclusion in accordance with European and international standards, with the objective of developing a modern legal framework. Developing close cooperation between the authorities and representatives of minority groups

Executive power bodies are ensuring the implementation of the Action Plan of combating Racism, Xenophobia and Discrimination in Ukrainian society for 2010-2012.

Implementation of the state ethno-national policy is being carried out in the cooperation with the public organizations of national minorities. Under the State Committee on Nationalities and Religions the advisory body – Council for All-Ukrainian Public Organizations of National Minorities of Ukraine – operates.

8.  Further strengthening of efforts to improve the legal basis and practice in the area of detention, in particular as regards pre-trial and administrative detention in order to address effectively the issue of arbitrary detention

On 21 January 2010 the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On the Changes to the Criminal Executive Code of Ukraine Concerning the Ensuring of the Rights of Convicts in the Places of Detention” (№ 1828), which is aimed at the establishment of the efficient mechanism of ensuring the protection of the rights of convicts in the places of detention, humanization of criminal penalty and the conditions of detention, democratization and humanization and also the ensuring of the adherence to the international obligations of Ukraine in the field of execution of punishments.

9.  Improve the conditions of detention for all prisoners whether in pre-trial detention or after conviction with the aim of eliminating ill-treatment and implement the recommendations of the UN Committee against Torture and the European Committee for the Prevention of Torture

The State Department of Ukraine for Execution of Punishment has been carrying out the organizational and practical measures concerning the reform of the criminal execution service.