Information on implementation of the EU-Ukraine Association Agenda
Information
on Implementation of the EU-Ukraine Association Agenda for 2011 – first half 2012
1. Introduction
The EU-Ukraine Association Agenda (the Association Agenda) was agreed upon on 16 June, 2009 at the meeting of the EU-Ukraine Cooperation Council. The Association Agenda is a joint initiative of the Parties and includes measuresin different areas aimed at preparingUkraine for the implementation of the EU-Ukraine Association Agreement.
Acting within the framework of the Association Agenda, the Parties approve the cooperation priorities (the List of Priorities for 2011-2012 was approved on 20 May 2011) and monitor its implementation. To assess the progress in the Association Agenda implementation, the Joint Committee at Senior Official’s Level was set up. It prepares annual joint reports on the implementation of the document (June 2010, May 2011). During the15th meeting of the EU-Ukraine Cooperation Council (15 May 2012, Brussels) the Parties have officially approved the Joint Report on the Association Agenda implementation for 2010-2011 and the Amendments to the operational part of the Association Agenda that were prepared by the Joint Committee at Senior Official’s Level for the purpose ofupdating.
In order to improvethe coordination of the Association Agenda monitoring andimplementation the Joint Committee at Senior Official’s Level has elaborated the Guidelines for Sub-committees in Relation to the EU-Ukraine Association Agenda (the Joint Committee at Senior Official’s Level co-chairsmessage of 7 May 2012), as well as the joint document “EU-Ukraine Association Agenda: the bodies responsible for the implementation monitoring”(identifying the responsible sub-committees, executive authorities of Ukraine and the divisions of the European Commission and European External Action Service).
Theassessment and monitoring of the Association Agenda implementation were carried outduringthe meetingsof the EU-Ukraine Cooperation Committee (26 October 2011), EU-Ukrainesub-committees No 2 “Financial, Economic, Social issues andstatistics”(17 November 2011), No 1 “Trade and Investments” andNo 3"Enterprise Policy, Competition, Regulatory Co-operation" (25-26 January 2012), No 4 “Transport, Energy, Nuclear Safety and Environment” (4-5 July 2012), Subcommittee No5 “Customs and Cross-Border Cooperation” (22 September 2011), SubcommitteeNo 6 “Justice, Freedom and Security” (31 May – 1June 2012), No 7 “Science and technology, research, education, culture, health”(7 June 2012).
On theUkrainian sidethe Association Agenda implementation is carried out by the executive authorities, acting within the framework of agency-specific plans for its implementation, and is considered at the meetingsof the Ukrainian parts of joint EU-Ukraine bodies in accordance with the Division of Competencies.
Monitoring findings on the reforms introduced by Ukraine that are envisaged in the Association Agenda, are taken into account whenagency-specific documents and acts of the Government are drafted, in particular, the Cabinet of Ministers has approved the Plan of First-Priority Measures for Ukraine’s Integration to the EU for 2012(regulationNo.184 of 5 April 2012).
The Ukraine’s Association Agenda implementation monitoring includes assessment made by the European Union, EU Member States and international organizations, as well as the results of public monitoring on the Association Agenda.
2. Political dialogue
2.1. Democracy, rule of law, human rights and fundamental freedoms
Implementation of the constitutional reform is a priority objective for Ukraine’s domestic political development.
In order to ensure transparency, openness and democracy in this process on the basis of suggestions made by the scientific expert group and subject to obtained at the end of March 2011 conclusions of the Venice Commission the President of Ukraine approved the Concept on establishment and organization of the Constitutional Assembly (Decree of the President of Ukraine of 25 January 2012 № 31), Constitutional Assembly is established as a special subsidiary body under the aegis of the President of Ukraine. The Assembly task is 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 (Decree of the President of Ukraine of 17 May 2012 No. 328/2012).
On 22 June 2012 the first meeting of the Constitutional Assembly was held, during which the President of Ukraine invited experts of the European Commission and the Council of Europe to participate in the work of Constitutional Assembly. Moreover, the Commission on Strengthening Democracy and the Rule of Law (established by a Decree of the President of Ukraineof 05 November 2010 No.1015)has to draft the proposals to achieve compliance of the Constitution of Ukraine’ provisions with the European standards and values on the basis of recommendations of the Venice Commission.
In order to get going the mechanism of the direct participation of citizens in solving local problems on 19 April 2011 the Parliament of Ukraine adopted in the first reading the draft law "On Local Referendum" (Reg. No. 7082 of 3November 2010), and the Coordination Council for Civil Society Development was created (Decree of the President of Ukraine of 25 January 2012 No. 32).
On 22 March 2012, the Law of Ukraine "On Public Associations» (No. 4572), which defines the legal and organizational framework of the right to freedom of association guaranteed by the Constitution of Ukraine and international agreements of Ukraine, and sets the procedure for the formation, registration, operation and termination of associations. The said Act has received positive feedback from representatives of the Ukrainian and international organizations, including NGOs.
The Strategy of state policy to promote the development of civil society in Ukraine and priority measures for its implementation were approved (Decree of the President of Ukraineof 24 March 2012 No. 212).
In order to improve the electoral legislation on 17 November 2011 the Parliament of Ukraine adopted the Law on Elections of People's Deputies of Ukraine, taking into account the recommendations of the Venice Commission. According to the Law the elections inUkrainewill be held under a mixed system (50% of party lists, 50% of the majority districts) with a threshold of 5%.
In order to properly organize the electoral process, the Government adopted a number of resolutions (No. 120 of 22 February 2012,No. 216 of 21 March 2012, No. 252,255 of 28 March 2012, No.320 from 23 April 2012 ).
On 3 August 2012 the President of Ukraine signed the Law "On Peculiarities of Openness, Transparency and Democratic Elections of People's Deputies of Ukraine on October 28, 2012» (No. 5175-VI). The Law provides for introducingthe video surveillance system, video recording and image transmission, which should ensure the transfer of images from the voting facilities for voters to be able to view it on the website in the Internet, and saving relevant information.
The Central Election Commission of Ukraine continues to work to ensure the operation of the State Register of voters.
As part of the administrative reformthe Parliament amended the Law of Ukraine "On the Cabinet of Ministers of Ukraine" (Laws of Ukraine of 17 March 2011 No. 3165 and on 24 May 2012No. 4850)and the Law of Ukraine "On the Central ExecutiveAuthorities» (No. 3166), which identifies the main objectives, principles and activities organization of the central executive authorities was adopted.
Measures have been taken to optimize the system of ministries and other central executive authorities, including reduced number of central bodies of executive power by 35% (from 111 to 74), reduced number of members of the Cabinet of Ministers (the number of ministries is reduced from 20 to 16,thestaff of the Secretariat of the Cabinet of Ministers of Ukraine is reduced more than twofold).
With a view to regulate the order of the executive authorities and local governmental bodies functioning, as well as their respective officials, related to enforcement and protection of rights, freedoms and legitimate interests of individuals and entities, a plan of measures was approved to reform the system of administrative services (the regulation of the Cabinet of Ministers of 26 October 2011 No. 1076). On 21 June 2012 the Parliament adopted the draft law "On Administrative Services" with full inclusion of proposals of the President of Ukraine (Reg.No. 9435 of 11 September 2011), and on 2 July 2012 submitted it to the President of Ukraine for signing. The draft Administrative Procedural Code of Ukraine is being finalized.
The President of Ukraine approved the Strategy of the State Personnel Policy for 2012 - 2020, which aims at improvingproviding the state withqualified personnel(Decree of 1 February 2012 No. 45).
On 5 June 2012 the draft laws "On Amendments to Certain Legislative Acts of Ukraine on Optimization of the Executive Powers" was adopted in the first reading (No. 10218, 10219, 10220, 10221,10222,10223).
The Parliament adopted the Law "On Amendments to the Tax Code of Ukraine (regarding the State Tax Service and in connection with the administrative reform in Ukraine)(No. 5083-VI of 5 July 2012).
The work on reform of the civil service is being done in conjunction with the reform of the system of executive power. The Parliament adopted the new version of the Law of Ukraine "On Civil Service" (of 17 December 2011 No. 4050). National Civil Service Agency in connection with the program OECD / SIGMA has held a seminar on "New law"On Civil Service": achievements and challenges that must be overcome" (30 May 2012).
The working group on judicial reform is making efforts towards the justice system reform ensuring (established by a Decree of the President of Ukraineof 24 March 2010 No. 440).
The Parliament ratified the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (Law of 1 June 2011 No.3449) and in this regard, amendments to certain legislative acts of Ukraine were introduced (Law of 16 June 2011 No. 3529).
The Parliament adopted the following laws of Ukraine:
On Amending the Law of Ukraine "On the Judicial System" on special training for the candidates for a post of judge (of 3 February 2011Reg. No.2982);
On Legal Aid (of 6 February 2011 No. 3460) which entered into force on 9 July 2011. In this regard, the Government approved the Concept of the state program forming the legal aid system for the years 2012-2017 (regulation No. 435 of 7 April 2012);
On Amendments to Certain Legislative Acts of Ukraineon Cases by the Supreme Court of Ukraine (20 October 2011 No. 3932);
On Amendments to Legislative Acts of Ukraine on humanization of responsibility for violations in the sphere of economic activity (Law of Ukraineof 15 November 2011 No. 4025), which provides for the prioritization of imposing monetary penalties for committing such offenses;
On Amending the Law of Ukraine "On the Judicial System" to improve the provisions on the status of the High Qualifications Commission of Judges of Ukraine (of 9 December 2011No. 4094);
On Amendments to Certain Laws of Ukraine to improve the order of proceedings (of 20 December 2011 No. 4176);
On Amendments to Certain Legislative Acts of Ukraine to strengthen the guarantees of judicial independence (Law of 5 June 2012No. 4874);
On Amendments to Certain Legislative Acts of Ukraine regarding the individual's right to review of judicial decisions (Law of 24 May 2012 No. 4847);
On State Guarantees onExecution of Judgments(of 5 June 2012 No.4901-VI). The said Law adopted in order to eliminatethe problemsthat leadto prolongednon-enforcement ofcourt. The Act was in general positively evaluated by experts of the Department for the Execution of Judgments of the European Court of Human Rights Directorate General of Human Rights and Legal Affairs of the General Secretariat of the Council of Europe.
On 9 August 2012the President of Ukrainesigned the Lawof Ukraine "On Amendments to Certain LegislativeActs of Ukraineon Participation inthe Court Hearingby VideoConference” (No.5041).
On 13 April2012the Parliament of Ukraine adopteda new Code of CriminalProcedure of Ukraine(Law No.4651). It containsa number of newprovisions relating tothe establishmentof proceduralequality andadversarial, increasing the rights of suspects, victimempowerment. In connectionwith the adoptionof the CriminalCode the Parliamentof Ukraine hasamended certain legislative acts(Lawof13 April 2012No. 4653-17).
Work is continuing onthe reform ofthe Bar.
On 5 June 2012 the Parliament of Ukraine adopted the Law "On the Bar and the Advocacy” (No. 5076). On 9 August 2012 it was signed by the President of Ukraine. Law was prepared with consideration of recommendations of the Venice Commission by the Working group on the reform of judiciary and the bar (founded by the Regulation of the President of Ukraineof 22 November 2011No. 362). The adoption of this law became an important step in the legislative statement of the principle of right of persons to get qualified legal assistance. The Act will assist advocacy to become an effective institution for the rights, freedoms and citizens interests protection.
Expert support on these issues is provided to Ukraine in the framework of the action plan of the Council of Europe for Ukraine for 2011 - 2014, a joint EU-Council of Europe program "Transparency and efficiency of the judicial system of Ukraine," EU projects "Transparency and efficiency of the judicial system in Ukraine: civil service component"and "Ukraine: Rule of Law", Twinning project “Support to the Academy of Judges of Ukraine”, TAIEX instrument.
Provisions of the Association Agenda on helping to ensure the “independence and effectiveness of the Ombudsman" is considered by Ukrainian side as fully accomplished. Due to the decision of the International Coordinating Committee of National Institutions for UN Human Rights Council of May 2009 the Ombudsman institution in Ukraine received the highest (of three existing) accreditation status "A". The activities of the Ombudsman meets principles approved by the UN General Assembly (resolution 48/134 of 12/20/93) relating to the status of national human rights institutions (the so-called Paris Principles).
The supervision of the implementation of judgments of the European Court of Human Rights is being executed on a constant basis. As of 20 June 2012 the European Court of Human Rights adopted 856 decisions on the merits, 553 – on absence of all or several of the applicants alleged evidence of violations of the Convention for the Protection of Human Rights and Fundamental Freedoms and / or recognized by the relevant complaints partly inadmissible. European Court in cases against Ukraine rendered 88 decisions on a friendly settlement and 70 decisions on the approval conditions of unilateral declaration. To ensure the implementation of decisions of the European Court of Human Rights as on 20 June 2012 from the state budget paid 22295311, 14 UAH, total of 2001 - 123 239868, 33 UAH.
For the purposes of implementation of Ukraine's commitments under the decision of the European Court in the case of "Yuriy Ivanov v. Ukraine" the Parliament of Ukraine adopted the Law of Ukraine "On State Guarantees for the Implementation of Court Decisions» (No. 4901 of5 June 2012, comes into force on 1 January 2013). For thesame purpose, as of June 2012 the Government prepared and submitted to the European Court positions to solve more than 1800 applications. The European Court, in its turn, held 46 decisions on the approval of the conditions to resolve complaintsof applicants proposed by the Government of Ukraine in more than 900 statements. Implementation of these decisionsis carried outin order andterms setby the Lawof Ukraine "On Execution of Judgment and Application of the European Court of Human Rights," and according to the Committee of Ministers of the Council of Europe.
In theinformation field, the new edition of the Lawof Ukraine "On Information" is adopted (of13 January 2011 No.2938). The mechanisms for implementingthe right of accessto public information were established by the Law of Ukraine"On Accessto Public Information" (of 13 January 2011 No.2939).
The law wasdraftedby the PublicHumanitarian Councilunder the President ofUkraine"OnPublic TV andRadio Broadcastingof Ukraine" is being finalized.
In July 2011an InteragencyWorking Groupforanalysis ofstate of adherence tolegislation onfreedom of expression andthe protection of journalistswas established (regulationof the Presidentof Ukraine of6 July 2011 No.226).Since the establishmentof the group eightpublicmeetings were held.
On 3 April 2012during the seventhmeeting of the InteragencyWorking Groupthe representatives ofthe international missionofmedia freedom were present asindependent observers. On 31 May
2012the eighthmeeting of the InteragencyWorking Group was held.
Besides, in the framework of the Working groupan interagencycommitteeon first response toconflicts involvingthe media was set up.
In order toinvolve citizens tothe decision-making process on 5 April 2012an Action plan was approved forimplementation in Ukraineof Initiative"Partnership" Open Government"(regulation of the Cabinet of Ministers No.220).Alsoan Action plan is approvedto implement the conceptof e-governmentin Ukraine(regulation of theCabinet of Ministers of29 June 2011 No.1014).It contains specificmeasures to strengthene-governance,executives,deadlines andreportingprocedure are defined. The State Agencyon Science, Innovations and Informatization of Ukraine was definedas a Coordinatorof the Action Plan.
In the fieldofinformation societydevelopment Statenational target culturalprograms were adopted on creating a single informationsystem library"Library -XXI"and usebyexecutive authoritiesof an open sourcesoftware for2012-2015(resolution ofthe Cabinetof MinistersNo. 956of17 August 2011and
No. 1269of11 March 2011).
In regard to freedom of association on 22 March 2012 the Law of Ukraine "On Public Associations” was adopted (No. 4572), which received positive reviews of Ukrainian and international organizations, includingNGOs.
Regarding freedom of assemblythe draft law "On the procedure for organizing and conducting peaceful events” (Reg. No. 2450 of 6 May 2008) adopted by the Parliament of Ukraine in the first reading and is being prepared for a second reading taking into account the propositions of theVenice Commission.
In the area of protection of minorities’ rights an Action Plan on combating xenophobia, racial and ethnic discrimination in the Ukrainian society is being implemented for 2010-2012.
On 11 January 2012 the Parliament hearings on "Ethnic Policy of Ukraine: Achievements and Prospects" were held.
On 29 February 2012 the Government approved the draft law of Ukraine "On the Concept of Ethnic Policy of Ukraine" and on 12 March2012 it was submitted to the Parliament of Ukraine (Reg. № 10152-1 of 12 March 2012).
On 1 March 2012 during the regular meeting of the Delegation of the International Organization for Migration in Ukraine the latest report by the Commission of the Council of Europe against racism and intolerance in Ukraine of 21 February 2012 was discussed.
On 3 May 2012 the draft law "On the Prevention and Combating Discrimination in Ukraine" was adopted by the Government, and on 14 May 2012 submitted to the Parliament of Ukraine (Reg.No. 10468). Today the Ukrainian party works on the EU comments to the draft to ensure their taking into account when the draft will be considered in the committees of the Parliament of Ukraine.
The Ministry of culture held the following meetings:
on 13 March 2012with theVice President of Internationalcharity organizationRoma Women's Fund"Chirikli"KondurZemfiraon cooperationwithin the framework ofthe Council of Europe"Dost!";
on 14 March 2012withChairman, AllRightsMovement"Ukraine withoutNazism" Andrew Hadzhaman.During the meeting the parties discussedcooperationunder the project "Debating society" of the International Human Rights Movement"Worldwithout Nazism".
During the firsthalf of 201252cases of incitement toethnic hatredand extremistactivitiesrelated to nationalhostility were prevented.
Underthe International Conventionon the Elimination ofAll Forms of RacialDiscriminationat the meeting of the Committeeon the Elimination ofRacial Discrimination (September 2011)the Ukrainian delegationpresented theJointnational report(19th,20thand21st). The nextperiodic report of Ukrainewill be submittedto the Committeeon the Elimination ofAll Forms of RacialDiscriminationin 2014.