Law-making activeness of the VRU in May 2013

Civil Network OPORA continues to watch and analyze law-making activities of MPs of Ukraine of VII convocation. In this review for May, 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 May 2012, Members of Parliament of Ukraine have registered 329 draft laws and resolutions, fourth part of which concern economy, finance, and administration issues.

Members of the PRU have registered 92 draft laws and resolutions in various sectors; AUU Batkivshchyna – 70 draft laws; AUU Svoboda – 24. Non-faction deputies have registered 23 bills. The Communists have drafted 18 bills and resolutions. Members of the UDAR faction were the least active law-makers in May – 14 initiatives. 88 interfaction draft laws and resolutions were registered.

The fourth part of all initiatives concerned economy, finance, and administration; 19% – policy and state administration, 18% – 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 – 41% of all initiatives. The same issues were also topical for members of the UDAR and the Communist Party, 43% and 33% of registered bills respectively. 22% of draft laws registered by non-faction MPs also pertained to monetary issues. AUU Batkivshchyna was focused on law-enforcement and issues (33% of draft laws). AUU Svoboda has concentrated on ecology and environment (29%). 40% of draft laws, commonly prepared by representatives of different factions, concerned politics and state administration.

AUU BATKIVSHCHYNA

MPs of the biggest opposition Faction AUU Batkivshchyna registered 35 purposeful legislative initiatives in May. MPs have paid the biggest part of their attention to reforms and changes in judicial and law-enforcement systems (16), a little less to introduction of holidays and memorable dates (8 initiatives), and equally to economy, finance, administration and humanitarian issues – 7 initiatives in each sector. MPs were less focused on social standards and local self-government – 5 draft laws and resolutions in each sector. Only 2 initiatives were registered in health care sphere, and 1 in foreign affairs. As for politics and state administration, as well as ecology and defense, none of registered bills or draft resolutions pertain to these issues.

Law-enforcement and judicial systems

A group of MPs, particularly Arsen Avakov, Pavlo Petrenko, Arsenii Yatseniuk, Oleksandr Turchynov, and Andrii Kozhemiakin, proposed to initiate a disciplinary case against Kirieiev Rodion, the judge of the Pechersk District Court in Kyiv city. MPs refer to the Resolution of the European Court of Human Rights, which has ruled that arrest of Yuliia Tymoshenko during the period of this preventive measure was excessive and unlawful.

Besides that, MPs Yatseniuk, Kozhemiakin, Turchynov, and Iryna Lutsenko have drafted a resolution on appeal to the Prosecutor General concerning taking measures against participation of 12 prosecuting officers in political persecution. MPs refer to the decision of ECHR in cases of Yurii Lutsenko and Yuliia Tymoshenko v. Ukraine. They proposed to dismiss the First Deputy Renat Kuzmin and Deputy Prosecutor General Lilia Frolova in connection to violation of the oath. By another two resolutions, MPs proposed to initiate a disciplinary case against Pylaieva Mariia-Margaryta and Horkavina Viktoriia, judges of Pechersk District Court in Kyiv city, and dismiss them due to the violation of the oath. Similar measures were proposed to be taken against the judge Serhii Vovchok (Pechersk District Court), as well as V. Lashevych and O. Bets, judges of the Court of Appeal. We remind that these judges were considering cases against Lutsenko in different periods of time. The corresponding committee has already recommended the VRU to reject the certain resolutions. Similar resolution was registered by MPs Arsenii Yatseniuk, Oleksandr Turchynov, and Andrii Kozhemiakin against judge of the Court of Appeal in Kyiv city O. Yefymova and of the Supreme Court for Review of Civil and Criminal Cases S. Mishchenko, R. Sakhna, and O. Yelfimova, which were considering the case of Yuliia Tymoshenko. MPs are referring to the decision of ECHR, as proofs of biased decision of judges, particularly on detention of defendants.

The MP Hennadii Moskal had proposed to amend the Law of Ukraine on the Judicial System and the Status of Judges, and secure the legislative base for, as the author says, "truly people's" lay court, which, in contrast to professional judges, won't be appointed by the President or the VRU, but will be directly elected. For the transitional phase, the lawmaker has proposed to form the court by random selection from all citizens elder that 35, included to the State Register of Voters.

Konstiantyn Bondariev has registered amendments to the Law of Ukraine on Court Fees, which release citizens from the obligation to pay the court fee when appealing decisions of the authorities on bringing citizens to administrative liability. MP Yurii Vozniuk has proposed to add a chapter "Settlement of economic disputes by the order proceedings" to the Economic Procedural Code, which would contain 14 articles. The MP deems it necessary to regulate the appealing procedure to the Economic Court about the issuance of a court order, procedure of consideration of such appeal, of issuance of the court order, and of filing appeal against it. The conceptual base also should be compiled. For example the term "directive" and "enforcement order" are often mixed up. The second initiative of the MP concerns application of equal approach to the period and procedure for filing appeals against court decisions in civil legal proceedings, along with economic and administrative proceedings. Bondariev has proposed to amend the Civil Procedure Code of Ukraine and establish common time constraints for submitting appeals regardless of the procedure type.

Oleksandr Yemets has registered a resolution on creation of the Temporary Inquiry Commission of the Verkhovna Rada of Ukraine on investigating facts of illegal acquisition of real property belonging to H.M. Moskalenko and N.I. Moskalenko, and inaction of law enforcement agencies regarding protection of citizen rights. Resonant and controversial case which concerned acquisition of real property belonging to a teacher and her mother in prestige district of Kyiv city was prolonged due to the creation of the TIC, which is supposed to investigate all the facts and concourse of circumstances.

Initiative of Oleksandr Bryhinets concerns unification of a number of fines for traffic rules violations and amendment of the effective Code of Administrative Offenses of Ukraine. The MP has also proposed to change the wording of fines from "ten to twenty" untaxed minimums of a person’s income to "ten".

Valerii Kalchenko has proposed to amend final and transitional regulations of the Civil Defense Code of Ukraine and postpone the date of putting it into operation from July 1, 2013 to January 1, 2014. We remind that this Code regulates: protection of citizens, territories, environment and property from emergency situations; reaction to such situations; and functioning of the unified state civil protection system. It also determines the powers of state authorities; Autonomous Republic of Crimea Supreme Council of Ministers; local self-government bodies; rights and obligations of Ukrainian and foreign citizens, as well as stateless persons; enterprises, institutions and organizations irrespective of the form of ownership. The author has emphasized that the Civil Defense Code of Ukraine, put into operation without legitimate legislative base and preliminary amendments connected to administrative reform, will not secure proper realization of the state policy in civil defense sector. 

The MP Oleh Medunytsia has initiated creation of the TIC of the Verkhovna Rada on investigating facts of transferred freight cars, belonging to Ukrzaliznytsia's inventory rolling stock, to private companies in 2012. The main goal of the Commission is investigation of violation of Ukrainian legislation by officials of the Ukrzaliznytsia, which have resulted in illegal transference of freight cars, belonging to Ukrzaliznytsia's inventory rolling stock, to private companies in 2012, and inaction of law enforcing and controlling bodies in that case.

Economics, finances, and administration

Tetiana Sliuz has registered draft amendments to the Law of Ukraine on Individual Deposit Insurance System, which regulate the use of Fund assets. The MP has proposed to deprive employees of the Individual Deposit Insurance Fund of benefits, which have the certain preferences for receiving loans compared to average citizens. According to the author, this regulation creates unequal conditions for citizens of Ukraine, which use the credit-banking system, and expose them to greater risks than employees of the Fund, what is contradictory to the purpose of the institution.

Vasyl Derevlianyi  has proposed to liberalize regulations of the Law of Ukraine on Some Issues of Import into the Customs Territory of Ukraine and Registration of Transport Vehicles, concerning limitation of their effect on vehicles that are not subject to environmental standards of Euro 0 to Euro 6. The MP also wants to regulate the certification system and simplify the procedure of getting certificates of conformity of products and services to standards by amending the Decree of the Cabinet of Ministers on Standardization and Certification. The certification secures correspondence of export-import products to the certain quality standards. However, the MP has proposed to omit centralized registration in order to issue certificates of compliance and certificates of conformity within the period, established for customs clearance of goods imported to the territory of Ukraine.

The MP Kostiantyn Bondariev has registered amendments to the Law of Ukraine on Compulsory Civil Liability Insurance of Motor Vehicles Owners, which concern the period for paying insurance compensations. The MP is convinced that the period of 90 days, during which insurance companies may postpone paying compensations, is excessive, and proposed to shorten it to 30 calendar days.

Tetiana Sliuz has proposed to regulate issues pertaining to correction of errors in procurement information (making changes) through amendment of the Law of Ukraine on Public Procurement. The MP is planning to legislatively determine the term "errors in procurement information"; provide regulations which allow receiving such information from the customer and publishing it on website of the Authorized body as a protocol within 3 working days after such decision was passed; regulate the procedure of making specifications; and provide that the customer should cancel bidding if the procurement information was corrected (amended) in more than two documents within single procurement procedure.

Pavlo Patrenko is convinced that despite the institution of bank guarantee, primarily used in banking activities, is one of the most effective ways of ensuring fulfillment of obligations, its management in laws of Ukraine is imperfect and contains the certain collisions, which complicate its enforcement. Therefore, the MP has proposed to improve the definition of guarantee; remove the collision in the list of guarantee subjects and persons authorized to issue guarantees; determine the procedure for changing sides in guarantee; identify collision binding that is to facilitate the process of selecting rights in disputes arising from the guarantee jural relationships between residents of different countries.

Lilia Hrynevych has proposed to allocate resources of the State regional development fund for the construction, reconstruction, and major repairs of secondary schools, preschool and out-of-school educational establishments, as well as sports grounds, and make the corresponding amendments to the Budget Code of Ukraine. The author provides statistics showing incapability of educational services providers to ensure demand due to lack of schools, kindergartens and sports grounds. The MP is convinced that construction will bring new workplaces and preserve existing educational staff. Besides that, it will solve the exceeding of maximum group size in kindergartens.

Ihor Vasiunyk has registered a draft Law on making amendments to the Tax Code of Ukraine concerning application of the simplified system of taxation, accounting, and reporting for natural persons - entrepreneurs, engaged in leasing of property, land, premises and/or their parts, non-residential premises (structures, buildings) and/or their parts. According to the State Tax Service, physical entity, which is leasing real property, total area of which exceeds standards set by subparagraph 291.5.3 of paragraph 291.5 of Article 291, as a physical entity that is not a management entity and pays a tax in amount of 15-17%, is not eligible to perform other operations using the simplified system of taxation, accounting, and reporting, and must implement them according to the general tax system. The MP is convinced that the aforementioned violates the right of such physical entity to conduct entrepreneurial activities and leads to a partial payment of a single tax for exercising other activities (for example, the amount of such tax for the third group of single tax payers may be up to 150,000 UAH per year), as long as the certain types of entrepreneurship are profitable and cost efficient for physical entities if the simplified system of taxation is applied. Therefore, the MP has proposed to complement and concretize the provision.

Humanitarian policy

The MP Lilia Hrynevych has registered a draft Resolution on appeal of the VRU to the President of Ukraine in connection to the National Action Plan for 2013 concerning implementation of the Prosperous Society, Competitive Economy, and Effective State Economic reform program for 2010-2014, and particularly to the development of higher education. On March 12, 2013 the President of Ukraine has approved by his Decree #128 the corresponding National Action Plan for 2013, certain regulations of which threaten the development of higher education, and have caused a wave of indignation in scientific and educational community, experts, trade union committees of higher education institutions, and students. After a wide discussion by the public and experts, organized by the corresponding VRU Committee, the MP has proposed to amend regulations on staffing, which shall not result in its reduction; reconsider the regulation on subordination of all HEIs to the Ministry of Education and Science of Ukraine (MESU); prevent reduction of educational institutions on the basis of so-called "optimization"; to provide clear criteria for enlargement of the state educational institutions and selection of basic HEIs; reconsider the methodology for calculation of average cost to train a qualified worker, expert, postgraduate, doctoral student and approve the placement of state order for preparation of specialists with consideration of the cost of their training standards and best scores of entrants on the results of admission campaign. Scientific and pedagogical community insists on the deletion of a paragraph, which provides bringing legislation in accordance with international standards, pertaining to academic load in universities and increasing the number of students per teacher up to 18. According to the author, the reference to European standards of academic load is inappropriate, as long as, firstly, there are no such standards in Europe, and secondly, there is a totally different type of education process in the West, where student consultations and independent organization of studying prevail. In case the number of students per teacher will rise to 18, 38% of educational staff (32 thousand persons) will have to be dismissed. In other words, every third pedagogical supervisor will lose the job, resulting in lower education quality and social discontent. Mykola Tomenko has proposed to adopt a moratorium on staff reduction in universities. Besides that, Lilia Hrynevych has proposed to create a Commission on the Future at the Verkhovna Rada, which will prepare forecasts and plans for the future; determine topical directions for technological and innovative development of the country and predict its social impact; elaborate factors and models for future development; analyze socio economic development programs for Ukraine, as well as national and state programs, and programs for the Cabinet of Ministers of Ukraine etc. This initiative was represented in a resolution, which was previously supported by the corresponding VRU committee.

Oleksandr Turchynov and Ruslan Lukianchuk have registered amendments to the Law of Ukraine on Television and Radio Broadcasting and the Law of Ukraine on Telecommunications, which prohibit licensing and censorship of programs and videos, uploaded to the Internet. According to the procedure established by law, owners of the resource are responsible for distribution of information that threatens the national security interests, territorial integrity or public safety, public health, reputation, copyright and related rights by means of Internet.

Volodymyr Yavorivskyi has proposed to prohibit the transference of cultural heritage monuments of the state and communal ownership, which belong to the cultural and natural heritage, and are included or proposed for inclusion in the UNESCO World Heritage List, to private ownership, including religious organizations This draft law amends the Law of Ukraine on Freedom of Conscience and Religious Organizations, Law of Ukraine on Protection of Cultural Heritage, and article 55 of the Land Code of Ukraine. By a separate resolution, the MP proposed to introduced a moratorium on any construction on the object "Kyiv: St. Sophia Cathedral, Kyiv Pechersk Lavra, and adjacent monastery buildings".

Social issues and standards

Arsenii Yatseniuk and Valerii Sushkevych have initiated modernization of pensions and amendment of the Law of Ukraine on General Mandatory State Pension Insurance. Besides indexation of pension, the MPs have proposed to recalculate pensions yearly before March 1, using the rate of wages from which it is assigned (previously transferred), raised in accordance to the coefficient of increase of average salary (income) in Ukraine, from which insurance fee was paid, compared to the previous year, but not the growth rate of inflation (consumer price index) for the previous year.

Yaroslav Fedorchuk has proposed to strengthen social security of orphans and children deprived of parental care. The MP secures repayment of residential rental and utilities from the state budget if it's impossible to ascertain the identity of person who caused such debts, his/her insolvency or incapacity; makes local state administrations and local authorities responsible for housing maintenance of orphans as well as strengthening of social protection of orphans and children deprived of parental care by accumulating funds on their personal accounts.

The MP Yurii Vozniuk has registered an initiative widening social privileges for citizens, which are subject to the Law of Ukraine on State Social Assistance to Low-Income Families, and own or possess a land plot bigger than 0.6 hectares (1.5 acres). The MP proposed to delete a regulation which provides that the state social assistance is not allocated if "a low-income families (besides families consisting of solely children and people elder than 65, or disabled of groups I and II, as well as families containing disabled children) which own or possess a land plot bigger than 0.6 hectares (1.5 acres), except for instances when it's not profitable for reasons beyond family influence."

Local self-governments

MPs of the AUU Batkivshchyna have registered 5 resolutions concerning elections to Kyiv City Council, Kyi Mayor, and Klevan Village Head. It's interesting, that MPs Yurii Odarchenko and Oleksandr Chornovolenko are monthly registering resolutions on organization of regular and special elections in the capital. In particular, the MPs proposed to call elections on July 16 in their initiatives registered in May.

PARTY OF REGIONS of Ukraine

In May, the Party of Regions has registered 92 legislative initiatives. The third part of them (31) – are resolutions on adopted as a basis, defeated, or sent for further elaboration draft laws, and some draft laws pertaining to introduction of holidays and memorable dates. The fourth part of all documents introduce amendments to different codes (Tax, Land, and Customs) – 21 draft laws. The biggest part of registered initiatives pertains to economy and administration (42%); social issues, law-enforcement system and justice (13% each). This month, Hryhorii Kaletnik and Volodymyr Makeienko have drafted 6 legislative initiatives each – the biggest number in the faction. The total number of MPs which participated in law-making is 58 (28%).

Economics, finances, and administration

Almost a half of 38 documents (18) are formal resolutions on adopted as a basis, defeated, or sent for further elaboration draft laws.

Some draft laws provide introduction of new privileges or prohibition on tax raising: Oleh Tsariov has proposed to prohibit cancellation of privileges or raising taxes for agrarians (#2959); exempt construction machinery enterprises from import duty on raw or essential materials used in products manufactured for export (Yurii Brodianskyi, #2136a); Taisiia Povalii has proposed to exempt selling musical instruments and equipment produced in Ukraine from paying VAT. At the same time, Hennadii Bobov has registered amendments to the Tax Code, which impose another local fee "for the development of engineering, transport and social infrastructure" on tenants of agricultural land.

Andrii Ponomariov has registered a legislative initiative, which will allow enterprises, which have social objects on balance, receiving income from them (#2085a), and his colleague in the faction Serhii Braiko has registered amendments to the Land Code, which will allow giving land plots to the permanent use of rehabilitation and recreation establishments for children (# 2138а).

MP Yevhen Sihal has proposed the certain procedures for transference of land to the State Land Bank and its further management (#2181a).

2 draft laws in power engineering sector were registered in the Verkhovna Rada. Oleh Zarubinskyi has proposed to amend the Law on Electric Power Industry (#2171а), securing that the Cabinet of Ministers may give the right to issue guarantees of origin of electricity not only to governmental authorities, but also to other subjects. It also provides additional regulations for "green" electric power production. Andrii Pinchuk has proposed to amend the Law on Taking Measures to Ensure Stable Operation of the FEC enterprises (#2120), and secure widening of the circle of participants for returning debt of fuel and energy complex enterprises to their creditors.

Social issues and standards

MP Anton Kisse has registered amendments to the Law on the State Regulation of Production and Turnover of Alcohol and Tobacco, which provide that 1% of excise duty on alcohol and tobacco shall be used for popularization of healthy living (#2006a).

Some registered initiatives pertain to improvement in unemployment matters: Yurii Samoilenko (member of the Committee on National Security and Defense) and Vasyl Kovach (member of the Committee on Fuel and Energy Complex) have proposed to specify the term "unemployed" in amendments to the Law of Ukraine on Employment of the Population (#2099а); Iryna Berezhna, First Deputy Head of the Committee on European Integration, has proposed to adopt the law on securing young specialists with first working place. She has also proposed to exempt the employer of young specialists from paying of unified social contribution for such employees for one year (#2011a).

MPs Volodymyr Bandurov and Yurii Herzhov have registered draft laws on social protection of citizens living close to nuclear power plants (#2135a, 2036a).

Politics and state administration

Four draft amendments to the Rules of Parliamentary Procedure were registered in May. Volodymyr Makieienko has proposed two draft amendments. The first is supposed to remove the excessive load on the Committee on Rules of Parliamentary Procedure (#2022a), and the second establishes voting on draft laws only once a week, on Thursday (#2041a). Yevhen Morozenko has proposed to include to the Rules of Parliamentary Procedure a regulation, which secures that any faction, hindering the other faction to speak on any issue (including phone calls), loses its right to speak on this issue (#2047a). His colleague Vladyslav Atroshenko has proposed to amend the procedure for consideration of main budget policy directions in the Rules of Parliamentary Procedure. However, instead of specific dates, he proposed 2 weeks for consideration of documents (#2152a).

Volodymyr Makeienko has also submitted a draft Resolution on Budget of the Verkhovna Rada of Ukraine for 2013 (#2115a), but the draft budget itself wasn't provided. Draft Resolution on Main Directions of Budget Policy for 2014, registered by Yevhen Heller (#2769-д), has the same problem with absent appendices.

Two MPs of the faction have registered amendments to the Law on the Unified State Register of Population and Documents Certifying the Citizenship, which are supposed to establish the validity of Soviet driving licenses. Oleh Kunchenko has proposed to prolong the validity till 2024 (#2098a), and Ivan Fursin has proposed to allow citizens elder than 60, which live in rural area, to keep their Soviet driving licenses (#2155a).

Law-enforcement system, justice, and fighting against corruption

Draft law, registered by Volodymyr Oliinyk, may be considered the most interesting in the sector. He has proposed to amend the Criminal Code by adding Resolutions of the European Court to the legislation on criminal liability. He has also proposed to allow the Constitutional Court rejecting unconstitutional laws on criminal liability (#2156a). It may result in the situation, when the certain decisions of the European Court of Human Rights will be considered by the Constitutional Court as unconstitutional.

Environment and natural resource management

Oleksandr Onyshchenko, Deputy Head of the Committee on Fuel and Energy Complex, Nuclear Policy and Nuclear Safety, has registered amendments to the Law on Environmental Protection and the Law on Ecological Expertise, which will give central government bodies the right to assess environmental influence, particularly in a transboundary context. He has also drafted a paragraph explaining how such assessment is to be made (#2109a).

Health care and medicine

It was proposed to create a Register of Bodies. Besides that, Yevhen Kartashov has specified the procedure for transportation of anatomical materials and their application, accreditation of the corresponding institutions, taking anatomical materials from deceased donor (#2184a).

Local self-governments

Oleksandr Yehorov  has proposed to add regulations to the Law on Notary Service Board, which oblige notaries to come to settlements with no local notaries for not less than 5 hours a week (#2187a). In amendments to the Law on Local Self Government, Oleh Tsariov has proposed to give local councils an undivided right to approve the terms and rules of common water management for the population on water objects that are to be considered when providing water objects for the use under the lease agreement on lands of the water fund (#2189a).

UDAR PARTY

In May, members of the UDAR Party have registered 14 draft normative acts, including 9 draft laws and 5 draft resolutions. Almost the half of their legislative initiatives concerned financial, economic, and administrative issues. In particular, financing the development of urban planning, the procedure for registration of legal entities and private entrepreneurs, taxation of residential property. The most important bill in social policy is those proposing to repeal some regulations of the pension reform. Members of the UDAR didn't forget about celebration of holidays and memorable dates, and registered 4 corresponding draft resolutions: on the celebration of 150th anniversary of UAOC Metropolitan Vasyl Lipkovski's birthday; the 350th anniversary of proclamation of Hadiach as Hetman's capital; 500th anniversary of establishment of Magdeburg law in Pidkamin village (Brody raion, Lviv oblast); 60th anniversary of Norylsk rebellion. Humanitarian issues, health care, as well as security and defense, didn't receive any attention of the UDAR members.

Economics, finances, and administration

The MP Yaroslav Dubnevych has submitted two connected draft laws, aimed at ensuring the development (update) of urban planning documentation at the regional and local levels. In draft Law #2994, he proposed to amend the Budget Code, and include to the state budget expenses on the development (update) of urban planning documentation at the regional and local levels. In draft Law #2995, he has also proposed to make the corresponding amendments to the Law of Ukraine on Regulation of Urban Development. Today, according to the Law on Regulation of Urban Development, land surveying for town planning is financed from the correspondent local budgets. However, this function of local self-government bodies belongs to delegated authorities and, therefore, according to the article 143 of the Constitution of Ukraine, should be fully financed from the State Budget. The draft Law submitted by Dubnevych is supposed to remove this legislative collision.

MPs Oksana Prodan and Andrii Pyshnyi have proposed to amend the Law of Ukraine on State Registration of Legal Entities and Natural Persons - entrepreneurs (#2999) in order to stop and prevent raider takeovers of entrepreneurial legal persons. Therefore, the registration of changes to founding (participating) team composition of an enterprise, as well as substitution of a director or a certificate of state registration, should be made upon the submission of an original decision on making changes to foundation documents to the public register, but not upon a copy, as it is done today.

Valerii Karpuntsov and Roman Romaniuk have proposed to cancel export duty (10% of customs value of goods) on flax and false flax seeds. According to their calculations, such change will stimulate agriculture manufacturers to increase the production of flax and false flax, and result in enhancement of internal processing, as well as export of these crops.

Another legislative initiative submitted by Dubnevych (#2895-1) concerns amendment of the article 265 of the Tax Code of Ukraine. This article provides a list of residential property, which is not subject to taxation of real property, apart from land plots. However, there is no regulation concerning religious organizations (which belong to unprofitable). Therefore, residential premises (cells, hostels), which are located on the territory of the monastery, become objects of taxation. Member of the UDAR has proposed to exclude religious organizations from the list of objects that are subject to taxation of residential property. However, the initiator didn't pay attention to the other nonprofit organizations, whose residential property, according to the logic of his draft law, also should not be subject to taxation.

Social issues and standards

A group of MPs from the UDAR faction (P.V. Rozenko, V.A. Kovalchuk, I.V. Herashchenko, R.M. Pavlenko, M.V. Matios, H.V. Tkachuk, I.M. Pober, O.O. Korniichuk) have decided to reconsider the so-called pension reform adopted in 2011, which, according to them, was unsystematic and resulted only in raised retirement age and service necessary for the pension, as well as considerably worsened conditions of retirement and reduction of pension amount. In particular, in draft Law (#2072), they proposed to renew the right of retirement for men in the age of 60 and service not less than 25 years; and for women in the age of 55 and service 20 years, as it was before the pension legislation was amended in 2012. Besides that, members of the UDAR deem it necessary to remove pension benefits for government officials and Members of Parliament. They proposed to assign pensions for these categories of citizens on a general basis, determined by the Law of Ukraine on General Mandatory State Pension Insurance.

Politics and state administration

MP Pavlo Rizanenko insists on necessary amendments to articles 9 and 44 of the Law of Ukraine on Committees of the Verkhovna Rada of Ukraine, which are supposed to secure the right of mass media representatives to be present and make filming, sound or video recording, as well as broadcasting on radio and television, during open sittings of the VRU Committees (Draft Law #2153a). Instead, according to the effective regulation, mass media representatives may be invited to meetings of committees after approval of the official presiding at the meeting of the certain committee.

COMMUNIST PARTY OF UKRAINE

During the last month, the Communist Party of Ukraine was the least efficient in law-making activities. However, it's rather the problem of quality, than quantity (its worst quantitative result the CPU had already established in April, having registered only 1 draft law and 13 draft resolutions). The Communist Party didn't propose any valuable document, particularly to resolve socio-economic issues which should be of primary importance for them. Only 9 of 32 members of the Communist Party participated in the preparation of legislative initiatives, registered in the Parliament during the previous month.

In May, members of the Communist Party of Ukraine have registered 18 dart normative acts, including 15 draft resolutions and 3 draft laws. The third part of documents concern financial, economic, and administrative issues, but all of them are formalistic (concern the certain draft laws adopted as a basis, defeated, or sent for further elaboration). Besides that, they all were drafted by Petro Tsybenko as a Head of the Committee on Social Policy and Labor, and Spiridon Kilinkarov as a Head of the Committee on construction, city planning, housing service and regional politics. The biggest part of draft legislative initiatives registered by the Communists in May have similar formal content.

In fact, the Communists have registered only three ideology-based draft laws, which belong to independent legislative initiatives. Thus, in the bill #2180a, drafted by Petro Tsybenko, prohibits renaming streets, lanes, avenues, parks, squares, bridges, and other buildings named after servicemen-heroes, Red Army soldiers, partisans, undergrounders, Red Army units, and events connected to the Great Patriotic War. However, the identical draft law has already been registered in 2012 by the very same Petro Tsybenko and his faction colleague Omelian Parubok. Nevertheless, the document wasn't supported by MPs and wasn't included to the plenary agenda for April 2, 2013. It's interesting, that remarks and propositions of the Central scientific expert office were not taken into consideration in the wording of secondly registered draft law, even those concerning editing inaccuracies. For example, Tsybenko incorrectly uses in his draft law a legal wording: instead of "local self-government bodies", he wrote "local bodies of local self-government".

Another two draft laws, focused on the formation of the state memorial policy in Ukraine, are drafted by the CPU faction leader Petro Symonenko and his party colleague Ihor Alekseiev. In the Draft Law #2178a, MPs have proposed to establish criminal liability for desecration or demolition of monument for those fought against Nazism during the Second World War – Soviet Soldiers-Liberators, participants of the partisan movement, undergrounders, victims of Nazi persecution, as well as international soldiers and peacemakers. According to the authors, the sufficient reason for the bill is "desecration of the Monument of Glory in Lviv city (Stryiska St.) and the Monument to the liberator soldiers in Chervonograd (Lviv oblast) with Fascist swastika and humiliating inscriptions against war veterans." The Communists have proposed to punish for similar actions by restraint of liberty or imprisonment for the period from three to five years.

The abovementioned MPs have also proposed (in Draft Law #2179a) to establish criminal liability for public denial or justification of Fascism crimes against humanity, committed during the Second World War, in particular by the Waffen-SS and its subordinate structures, those were fighting against anti-Hitler coalition and collaborated with Fascist invaders; and for neo-Nazi propaganda, production and/or distribution of materials, which justify crimes committed by Fascists or their adherents. The bill was drafted with a purpose to protect historical memory of events which took place during the Great Patriotic War and prevent manifestations of neo-Nazi on the territory of Ukraine. However, the draft law doesn't provide an explanation of terms "neo-Nazi", "neo-Fascism", or "neo-Nazi ideology", which are new for Ukrainian legislation. At the same time, the responsibility for neo-Nazi ideology is quite specific, that is a fine in amount from five hundred to thousand of untaxed minimums of a person’s income, or restraint of liberty or imprisonment for the period from three to five years.

AUU SVOBODA

In May, MPs of the Svoboda faction have registered 24 draft regulatory acts, particularly 14 draft laws and 10 draft resolutions. The biggest part of documents (7 draft resolutions) pertain to environmental issues and natural resource management, but they are formalistic (concerned the certain draft laws adopted as a basis, defeated, or sent for further elaboration), and were jointly drafted by members of the Committee on Environmental Policy, Use of Natural Resources and Chornobyl Aftermath Mitigation, headed by Iryna Sekh. Members of the Svboda registered 4 bills in the sphere of humanitarian policy, focused mainly on the development of Ukrainian book publishing. The same number of initiatives from the Svoboda concern introduction of holidays and memorable dates: Heroes Day; Mother's Day; Day of Ukrainian Embroidery; anniversary of the Konotop battle; commemorating the victims of the First World War. Members of the AUU Svoboda have paid a little less attention to protection of citizen rights and justice issues (3 bills). The foreign affairs, as well as security and defense, remained unconsidered by members of the Svoboda.

Humanitarian policy

Four members of the Svoboda (Ruslan Koshulynskyi, Iryna Farion, Ihor Kryvetsky, and Mykhailo Blavatskyi) have decided to assist to development of Ukrainian book publishing, and registered three connected bills. One of them (#2978) provides establishment of customs on imported books in amount of 5%. The other (#2980) amends the article 282 of the Customs Code of Ukraine, and provides that printed production in Ukrainian language is exempt from customs duties. The third draft law with the same purpose (#2979) provides that funds, received from import duty on printed editions, should be given to a special Fund in the State Budget and used to provide library funds with Ukrainian books and books in Ukrainian language. In its resolution, the Central scientific expert office has drawn attention to the fact that export duty on printed editions in amount of 5% proposed by MPs is contradictory to Ukraine's commitments to the WTO.

In another draft law regulating humanitarian issues (#2066a), members of the Svoboda (Ihor Miroshnychenko, Oleksandr Myrnyi, and Iryna Farion) have proposed to make out-of-school education, which is obtained in the state and communal of-school educational establishments, cost-free. To achieve this goal, members of the AUU Svoboda proposed to add regulations, guaranteeing cost-free out-of-school education for the Citizens of Ukraine, to the Law of Ukraine on Out-of-school Education. However, the authors failed to provide any calculations of anticipated expenditures in the State and Local Budgets in case the bill is adopted.

Politics and state administration

MP Ihor Shvaika has proposed to approve Regulations on the Procedure of Preparation for the consideration of the Verkhovna Rada of Ukraine of the following issues: election on the open-ended position of Supreme Council Judges; transferring judges, elected to open-ended positions by the Parliament, to another courts; dismissal of Judges of the Constitutional Court of Ukraine and judges elected to open-ended position by the Verkhovna Rada. According to the author of the Draft Resolution (#2016a), its adoption is necessary to prevent violation of the Constitution and laws of Ukraine when the Verkhovna Rada of Ukraine participates in the formation of the judicial branch in the country. Obviously, this document is a direct reaction on events which took place in the Parliament on April 18, 2013 when neither candidacies of judges, nor position of the corresponding committee were considered during the election.

Social issues and standards

Draft Law (#2091a) provides making amendments to the Tax Code, as well as tax and social privileges to mothers which gave birth and bring up two or more children. The amount of assistance will be 150-300% of subsistence minimum for able-bodied persons, depending on the number of children. According to authors of the document (Oleksandr Myrnyi, Ihor Miroshnychenk, Oleksii Kaida, and Ruslan Zelyk), reduction of the income tax burden for mothers who gave birth and bring up children, will stimulate births of Ukrainians and improve the demographic situation in the country.

Law-enforcement system, justice, and fighting against corruption

MP of the AUU Svoboda, and ex-Chairman of Ternopil Oblast Council, Oleksii Kaida has registered two draft resolutions on creation of Temporary investigation commissions of the Verkhovna Rada. In Draft Resolution #2057a he proposed to initiate an investigation of violation of Ukrainian legislation on land relations and the Constitution of Ukraine by officials of State Administrations in Ternopil oblast. Initiator of the document refers to the fact that malfeasance in office takes place during division of land plots, which are often given to relatives of the State Administration officials. Oleksii Kaida also deems it necessary to create a Temporary Inquiry Commission of the Verkhovna Rada of Ukraine on investigating facts of a traffic accident that, which took place on 12/31/2011 in Khmelnytsk oblast with officials of the Ternopil oblast involved. In particular, they are the Head of Ternopil OSA Valentyn Khoptian and ex-Chairman of State Motor Vehicle Inspectorate (DAI) in Ternopil oblast Viktor Pak (Draft Resolution #2058a).

Svoboda members Ruslan Koshulynskyi, Iryna Farion, Bohdan Beniuk, and Eduard Leonov have shown a comprehensive approach to the national minority issues and developed a new wording of the Law on National Minorities, titled on National Minorities in Ukraine and the Right to Identity. Besides that, the Draft Law (#2127) provides a possibility to give a status of national minority self-governments to local self-government bodies according to the decision taken by deputies of local self-government body, if not less than 30% of its complement belong to the corresponding national minority, or according to the results of local referendum. It was proposed to give national minority self-governments all the powers of local self-government bodies stipulated by current legislature and a number of additional powers, particularly: represent interests of a national minority in all relations with state authorities, institutions, and organizations of all ownership forms; determine the historical and cultural monuments of national minorities which should be protected; establish local holidays of a minority; receive financial assistance from the State Budget of Ukraine for establishment and functioning of educational classes or individual classes (groups) which will provide education on language of a national minority; secure support to media, cultural institutions and creative minority groups, etc.; determine the proportion of schools or individual classes (groups) which provide education on language of a national minority, Ukrainian language and bilingual. The draft Draft Law #2127 also gives citizens of Ukraine the opportunity to specify their nationality in the passport and the certificate of civil status.

INTER-FACTION BILLS

In May 2013, representatives of different factions have jointly registered 88 draft laws and resolutions. Politics and state administration issues were the most popular in interfaction draft laws (35 initiatives in total, but 27 of them concerned organization of special elections of village, town and city heads). Representatives of different factions actively considered reforming of law-enforcement and judicial systems (16 initiatives), humanitarian and economic issues (10 initiatives each), local self-government (6 initiatives), and social issues and standards (5). Similarly to the previous month, representatives of three opposition factions (AUU Batkivshchyna, UDAR, and AUU Svoboda) have jointly registered resonant bills, which unlikely to be supported by pro-governmental forces. At the same time, sectoral and/or politically neutral draft laws are registered by opposition and pro-power MPs.

Economics, finances, and administration

MPs of Ukraine Olesia Orobets, Oleh Medunytsia, Andrii Pyshnyi (AUU Batkivshchyna), Mykhailo Holovko (AUU Svoboda), Viktor Chumak (UDAR), and Oksana Kaletnyk (CPU) have registered a draft law on openness of using public funds. The bill provides creation of a Unified web site of using public funds. Managers of the state and local budgets, and state and communal economic entities will be obliged to quarterly disclose information about planned and actual use of public funds.

9 MPs, which represent AUU Batkivshchyna, the Party of Regions, AUU Svoboda, and the CPU, have jointly registered a Draft Law on Exemption of State Privatization Authorities from Paying Court Fees. Kseniia Liapina, Iryna Horina, Mykhailo Holovko, Oksana Boryta, and other state that the State Privatization Authorities receive insufficient financing on paying court fees. This circumstance complicates proper protection of property rights of the state. 

Ivan Kyrylenko, Vasyl Kravchuk (AUU Batkivshchyna), Oleh Tsarov (the Party of Regions), and Oleksandr Dombrovskyi(non-faction) have proposed to establish a moratorium on making any amendments to the Tax Code and fixed agricultural tax particularly until June 1, 2023. According to MPs, this step will allow to avoid risks of slowing the development agricultural sector and raising prices on the corresponding production.

A group of MPs from different factions have agreed on suspend of responsibility for failure to submit electronic reporting. MPs of Ukraine Oleksandra Kuzhel (AUU Batkivshchyna), Serhii Tihipko,Vladyslav Lukianov (the Party of Regions), Oksana Prodan (UDAR), Oleksandr Myrnyi (AUU Svoboda), Serhii Balandin (CPU) have proposed to suspend responsibility for failure to submit electronic reporting by economic entities till July 1, 2014. According to MPs, only 12% of necessary payment transactions registers are connected in Ukraine as of May 25.

Representatives of the AUU Batkivshchyna Tetiana Sliuz and non-faction MP Petro Poroshenko have initiated amendments to the Budget Code of Ukraine, which provides using loans exclusively to finance promising (investment) expenditures. The bill supplements the Budget Code of Ukraine with a separate budget item for the development of the State Budget of Ukraine.

Social issues and standards

Artur Palatnyi (UDAR), Mykola Zhuk (the Party of Regions), Oleksandr Prysiazhniuk (CPU), and Ihor Yankiv (AUU Svoboda) registered a Draft Resolution of the Verkhovna Rada of Ukraine on Recommendations for Parliamentary Hearings on Recreation and health-improvement of children and youth. In particular, the recommendations provide exemption of customers of construction or reconstruction of recreation facilities for children from land tax.

Member of the CPU Petro Tsybenko and representative of the Party of Regions Valentyna Liutikova have proposed to include bearers of the order "For Services" to the list of persons with prominent services for Ukraine. For today, 500 bearers of the order "For Services" live in Ukraine. In case this law is adopted, 51 million UAH yearly will be required for social security of these individuals.

At the same time, members of the AUU Batkivshchyna and the UDAR (Mykola Tomenko, Tetiana Sliuz, Valerii Karpuntsov, Serhii Averchenko and others) have registered a draft law to exempt individuals which have the right to free transportation from paying bus stations duty.

Humanitarian issues 

Member of the Party of Regions Hryhorii Kaletnyk and non-faction MP, First Vice Speaker, Ihor Kaletnyk have prepared a draft law concerning creation of conditions for efficient operation of higher educational establishments. In particular, amendments to the Law of Ukraine on Higher Education provide liquidation of accreditation levels (I-IV) and introduction of accreditation by the type of HEI.

Viacheslav Kyrylenko, Viacheslav Kyrylenko (AUU Batkivshchyna), Mariia Matios (UDAR), Adam Martyniuk (CPU) have proposed to allocate costs, received from guest tours of foreign residents, to the support of Ukrainian touring artists. 

Members of the Party of Regions Yurii Miroshnychenko, Dmytro Shentsev, Serhii Hrynevetskyi, Oleksandr Holub (CPU), and non-faction deputy Ihor Rybakov intend to settle the legislation on the transfer of places of worship to religious organizations.

Member of the AUU Batkivshchyna Stepan Kurpil and representatives of the UDAR Iryna Herashchenko have jointly prepared the Draft Law of Ukraine on the Reform of State and Municipal Media. The bill establishes mechanisms of reforming printed mass media, founded by the state authorities.

Politics and state administration

Members of the AUU Batkivshchyna Volodymyr Yavorivskyi, Oleksandr Chornovolenko, Yurii Odarchenko and member of the UDAR Nataliia Novak have registered a draft resolution of the Verkhovna Rada of Ukraine on appointment of Kyiv Mayoral and City Council special elections to October 27, 2013. Instead, Mykola Tomenko (AUU Batkivshchyna) and Iryna Herashchenko (UDAR) have initiated the appointment of Cherkasy Council and Mayoral special elections. The necessity of organizing Mayoral election in Cherkasy appeared after Serhii Odarych has preliminary terminated his powers. At the same time, Tomenko and Herashcheko refer to incidents of political corruption in deputy corps of the city when explaining the necessity of holding special elections to Cherkasy City Council. 

Law-enforcement system, justice, and fighting against corruption

Serhii Tihipko, Artem Pshonka (the Party of Regions), Viktor Chumak (UDAR), Andrii Kozhemiakin, Petro Petrenko (AUU Batkivshchyna), Oleh Makhnitskyi (AUU Svoboda) have registered a common Draft Law which concerns Plan on Implementation of the EU-Ukraine Action Plan on visa liberalization. The bill regulates responsibilities of legal entities and provides amendments to the Criminal Code of Ukraine, Criminal Procedure Code of Ukraine, and the Law of Ukraine on Preventing and Combating Corruption.

A group of MPs of Ukraine, representatives of the Party of Regions, AUU Batkivshchyna, and UDAR (Iryna Lutsenko, Oksana Prodan, Olesia Orobets and others) have initiated amendments to the Code of Administrative Offences of Ukraine in order to establish the responsibility of an employer for violation equal remuneration requirements for men and women with the same qualifications and under equal conditions.

Mykola Palamarchuk (UDAR) and non-faction MP Serhii Mishchenko have prepared a Draft Law on the Procedure of Granting Clemency by the President of Ukraine. It should be mentioned, that non-faction MPs Oles Donii and Yurii Derevianko have introduced a similar draft law.

Environment and natural resource management

Lidiia Koteliak (AUU Batkivshchyna), Yevhen Balytskyi (the Party of Regions), and Andrii Tiahnybok (AUU Svoboda) have proposed to strengthen responsibility for burning plants or their remains. In particular, they mean violators which burn stubble, meadows, pastures etc.

Local self-governments

Members of the AUU Batkivshchyna and the UDAR (Stepan Kubiv, Lidiia Koteliak, Yaroslav Dubnevych, Andrii Parubii)and non-faction Oleh Kanivets have proposed to transfer tax on income of physical persons to local budgets according to the the actual location of structural and separated subdivisions of legal entities. The problem is that legal entities are paying tax on income of physical persons according to the location of the central office. Instead, member of the Party of Regions Hryhorii Kaletnyk and non-faction MP, First Vice Speaker, Ihor Kaletnyk have proposed to strengthen local budgets through the introduction of a tax on the use of land for agricultural purposes. According to MPs, their bill will help increase the income of local budgets for 3.5-4.5 billion UAH.

DRAFT LAWS SUBMITTED BY NON-FACTION MPS

In May 2013, non-faction MPs have independently registered 23 draft laws. MPs were focused on economic issues (5 initiatives), social issues (4 initiatives), political issues (4 initiatives), law-enforcement system (2 initiatives), medicine and health care (2 initiatives), introduction of holidays (2 initiatives).

Non-faction MPs showed their interest in various issues. There often a situation when one MP is working with different subjects of regulation, what may result is unprofessional approaches. Oleh Liashko is a bright example of MP drafting various legislative initiatives.

Economics, finances, and administration

Non-faction MP Lev Myrymskyi has proposed to strengthen competition in communal services market. According to the MP, there are a number of incidents in Ukraine when local self-government bodies hinder competition by giving preferences to the certain communal enterprise. Draft law, submitted by Mymymskyi, provides that local self-government bodies are obliged to conduct a competition among enterprises of all property specialized on ensuring the needs of local communities, providing communal services, and management of housing. Myrymskyi has also registered a bill expanding the list of property and property rights, which may be considered as contributions to the statutory capital of an economic company.

Non-faction MP Oleh Liashko has proposed to establish a moratorium on making changes in designation of agricultural lands. Instead, the very same MP, together with Anzhelika Labunska, non-faction, has initiated cancellation of duty for registration of ownership rights on real estate.

Social issues and standards

Yurii Dereviako has initiated amendments to the USSR Housing Code concerning Unified State Register of citizens who need improvement of living conditions. For today, this Register is maintained in accordance with Resolution, approved by the Cabinet of Ministers of Ukraine. Derevianko states, that the Unified State Register is not included into Housing Code, and its openness is not secured. The MP has also proposed to promulgate data of the Register in order to avoid corruption.

Lev Myrymskyi Has proposed to widen the list of targeted or untargeted charitable assistance, which is not included to the taxed income. According to Mr. Myrymskyi, the goal of this initiative is reduction of tax burden for recipients of assistance provided to charitable organizations.

7 MPs of Ukraine, which are not affiliated in any faction, have jointly registered a draft law which determines the length of pensionable service for the minimum pension (Volodymyr Lytvyn, Ihor Yeremeiev, Stepan Ivakhiv and others). The bill reduces the pensionable service for which gives the right to receive the minimum pension (men - 30 years of pensionable service, women - 25). Today, the pensionable service for men is 35 years, for women - 30.

Politics and state administration

A group of non-faction MPs (Petro Poroshenko, Viktor Baloha, Ihor Yeremeiev, Serhii Mishchenko, Hryhorii Zabolotnyi and others) have introduced a draft law on re-election of Members of Parliament of Ukraine in election districts #94, 132, 194, 197, 223, due to the impossibility of determining the results of Parliamentary elections conducted on October 28, 2012. This draft law is an alternative to the initiative submitted by the Cabinet of Ministers of Ukraine, which doesn't limit the conduction of re-election to only five problematic districts. The government bill also provides conduction of re-election in districts #11, and #71, concerning which the Higher Administrative Court had taken vague decisions.

Serhii Mishchenko has prepared a Draft Resolution of the Verkhovna Rada of Ukraine on Appeal to the President of Ukraine with a Proposal to Dismiss Heads of Kyiv City and Kyiv Oblast State Administrations.

Oleh Liashko registered a draft law regarding voting guarantees for the citizens of Ukraine who reside in other countries. The MP has proposed to introduce a voter registration card that will allow Ukrainian citizens to vote abroad. Instead, Anzhelika Labunska has proposed to prohibit citizens which had temporarily changed the voting location to vote in single-mandate election districts.

Law-enforcement system, justice, and fighting against corruption

Non-faction MPs Oles Donii and Yurii Derevianko have registered a Draft Law on the Procedure of Granting Clemency. Today, clemency is granted on the basis of a Regulation, which is approved by the President's Decree. MPs are convinced, that the procedure of granting clemency by the President of Ukraine should be established by a separate Law of Ukraine, not a subordinate legislation act. The draft law determines general principles of granting clemency, and a list of individuals which are allowed to apply for clemency. Besides that, some cases of clemency are provided.

Anzhelika Labunska has proposed to establish responsibility for violation of regulations regarding the keeping of pets in the Code of Administrative Offenses and the Criminal Code. 

Environment and natural resource management

Oleh Liashko has initiated prohibition on clear-cutting and export of wood and saw timber abroad for the period of 10 years.

Health care and medicine

Oleh Liashko has proposed to amend a number of legislative acts, which oblige the state to provide free prompt treatment of children with cancer and oncohematological diseases. In particular, the wording of the article 4 of the Law on the Basics of Legislation of Ukraine on Health Protection will contain now regulation which establishes primary importance for free treatment of children with cancer and oncohematological. Liashko states that if expenses, which are allocated for such purposes by the State Budget for 2013, will be used according to their purpose, his draft law will not require any additional costs. At the same time, amendments to the effective legislation, proposed by the MP do not provide practical solutions to existing problems in medical treatment of children.

Local self-governments

Anzhelika Labunska allocate 50% of revenues from the rates of excise tax on sold petroleum products to special funds of local budgets. The MP is convinced, that such changes will help will improve the quality of roads.

The project is supported by the U.S. Agency for International Development (USAID). The contents do not necessarily reflect the views of USAID.