The Civil Network OPORA continues to watch and analyze law-making activities of MPs of Ukraine of VII convocation. In this monthly review, the organization has covered the scope of law-making activities in the Parliament, activeness of MPs divided by involved factions and concerned issues.
The Party of Regions of Ukraine was the most active. Its members have registered 105 various draft laws and regulations, and stole leadership from the Fatherland faction. The largest opposition faction was also the most active during two previous months, but in February, its representatives have registered 57 legislative initiatives. The Communist Party has taken the third place – 32 draft laws.
Sectors and policies, which were the most popular among MPs, differentiated depending on the faction. The Party of regions was focused on law-making activities in economic, finance and administration fields, and has registered 45 corresponding bills. Changes in the judicial system and law-enforcement reforms were of primary importance for the Fatherland party (15 draft laws) and the UDAR (4 draft laws). The Svoboda was focused on issues pertaining to the politics and state administration (13 bills). The Communist Party of Ukraine (45 draft laws), as well as non-faction deputies (9 draft laws), centered their law-making activities on issues of social policy and standards.
Still, the activeness indicators are influenced by factions' size, as long as large factions are registering greater amount of bills. OPORA has introduced the deputies' efficiency coefficient, calculated in percentage for every faction, which shows how many MPs (in percent) have participated in law-making activities. Correspondingly, the number of members in factions is not of the major importance. In February 2013, the majority of "useful" parliamentarians were noticed in the Svoboda faction (66.67 %), and the smallest part – in the Party of Regions (32%). The coefficient has showed that only one third part of the Party of Regions participated in the preparation of draft laws in February, and more than half of the All-Ukrainian Union Svoboda were active law-makers. The average percent of active MPs in the Verkhovna Rada of Ukraine is 41.35 %. All the other MPs didn't participate in drafting or co-drafting of laws.
ALL-UKRAINIAN UNION FATHERLAND FACTION
Law-enforcement system and justice
The Fatherland faction was mostly concerned about law-enforcement and justice issues during 3 months of the VRU activities. 15 registered bills, or 27.27 % of their total amount, pertain to the topical for the opposition leaders' issues.
Serhii Vlasenko, which mandate was annulled by resolution of the HAC, has registered the draft law on making amendments to the Article 364 of the Criminal Code of Ukraine (CCU). Therefore, he has again initiated decriminalization of the article, according to which Yuliia Tymoshenko was sentenced. According to the Article 6 (3) of the Law of Ukraine on the Cabinet of Ministers of Ukraine, members of the Cabinet of Ministers of Ukraine hold political positions, which are not subject to Labor Law and the Law on Public Service. Therefore, decision taken by the Chairman of the Government is political, and bears no criminal liability. The MP proposed to make the corresponding amendments to the CCU.
Tetiana Sliuz has proposed to establish exact time for execution of court decisions: during working days between 6am and 9pm; during holidays if the delay is impossible, according to the schedule of working days; during night hours, if the delay may endanger health and life of citizens. The author is convinced that such changes will help to prevent "night corporate raiding", widely practiced in Ukraine. However, the bill doesn't prevent illegal acquisition of citizens' property through courts.
Arsenii Yatseniuk in tandem with Pavlo Petrenko, have drafted the biggest number of initiatives. MPs have proposed to amend the Criminal Code of Ukraine, and strengthen accountability for torturing, illegal detention, and coercing into giving evidence. The authors refer to the resolution of the European Court of Human Rights of 17 January 2013, according to which, the violence against 17 sentenced persons in Iziaslav penal colony used by officers of the State department for Execution of Punishments of Ukraine, was recognized as violation of the Convention for the Protection of Human Rights and Fundamental Freedoms. MPs proposed to establish rigid responsibility for illegal actions like torture of detained or sentenced citizens for more than 7 years or life-termers, depending on severity of the crime. Another bill pertains to making amendments to the Article 105 of the Law of Ukraine on the Judicial System and the Status of Judges, in which the authors refer to the resolutions 40/32 and 40/146 of the UN General Assembly of November 29 and December 13, 1985. According to the secured by the resolution international practice, a decision on disciplinary punishment, removal from office, or discharge of a judge should be subjected to an independent inspection. However, this principle may not be applied to the decision of the Supreme Court or decisions of legislative bodies pertaining to cases considered in accordance with the impeachment procedures or other similar procedures. Ukrainian legislation provides that the Parliament is eligible to withdraw judges by a submission of the Higher Qualification Commission of Judges of Ukraine or the Supreme Council of Justice, if the judge has broken the oath. MPs have drawn attention to blatantly illegal decisions taken by judges, and actions that cast doubt on their objectivity, impartiality, and independence, as well as on fairness and incorruptibility of judicial authorities. Mr. Yarseniuk and Mr. Petrenko have drawn attention to the court decision of February 8, 2013 of the HAC taken by the following members of the board: O.V. Kravtsova (presiding Judge), and judges N.Ye. Blazhivska, O.A. Vedeniapina, M.P. Zaitseva, I.V. Maslo, Yu.I. Tsvirkun, E.Yu. Shved. The decision provides abolition of the CEC resolution #1980 of November 23, 2012 regarding registration of MP O.H. Dombrovskyi, chosen in single-mandate election district #11, and resolution #1978, regarding registration of MP P.I. Baloha, chosen in single-mandate election district #71. The court has also determined that Mr. Dombrobskyi and Mr. Baloha are not registered as parliamentary members, and obliged the CEC to conduct re-election in those districts. The authors have also proposed to give the VRU a right to withdraw judges or apply disciplinary liability without verification of facts by the Higher Qualification Commission of Judges of Ukraine or the Supreme Council of Justice. Another initiative of Arsenii Yatseniuk and Pavlo Petrenko pertain to making amendments to laws on securing decisions of international organizations on human rights protection. MPs have proposed to adopt regulation which would secure that a basis for re-consideration of court decisions by the Supreme Court of Ukraine shall be not only a decision of the court institution, but also of the international organization, which has determined that Ukraine have violated international commitments during consideration of the case in the court.
MPs Yatseniuk and Petrenko have also proposed to amend the certain regulations of the Criminal Procedure Code (CrPC) of Ukraine and adapt it to European judicial standards. Within the project, they have proposed to cancel some functions of prosecuting bodies, like pre-court investigations, control over investigation process, and cancellation of investigation by the prosecutor. Besides that, they proposed to delete criminal liability for contempt of prosecutor's instructions from the CrPC; to consider cases pertaining to the national security and grave crimes in lay court. The authors have proposed to broaden the rights of defenders and decriminalize actions of officials which may be considered political: the President, Prime Minister, judges of the CCU. MPs have also introduced humanistic principles in laws on provisional detention and ensuring the constitutional rights and freedoms of persons taken into custody, persons sentenced to imprisonment, and prisoners which are staying at health care facilities outside the penitentiary. This bill reflects the desire of MPs to improve conditions of Yuliia Tymoshenko's imprisonment.
Hennadii Moskal has proposed to amend the CrPC and abolish video conferences during court sittings, which, according to the author, violate the privacy of communication between a convicted and his lawyer, as well as do not provide possibility to submit written applications, evidences and the other procedural documents. In his another bill, the MP has proposed to abolish regulations on operational and investigative activities conducted by the State Customs Service (SCS) in connection to the decriminalization of freight smuggling and the absence of grounds, personnel and operational resources of SCS to conduct operational and investigative activities.
Tetiana Sliuz has registered amendments to the Civil Procedure Code of Ukraine (CPC) concerning the amenability of cases, which will delete regulation on consideration of lawsuits of a plaintiff by authorities at the defendant's location. Disputes pertain to cases on deprivation of parental rights. The MP proposed to consider them by authorities located on the place of child's residence and location of its guardianship. In her another bill, Tetiana Sliuz has proposed to amend regulations of the CrPC, pertaining to the right of courts to unite criminal cases of the same offense, committed by a group of persons, into a single proceedings. Pertains to cases, considered by the court in accordance with the CrPC regulations as of 1961, and the CrPC of Ukraine of 2012, to be considered in accordance with the effective CrPC of Ukraine.
Yurii Odarchenko, Andrii Pavlovskyi, Stepan Kurpil, and Oleksandr Chornovolenko have proposed to dissolve the Higher Administrative Court of Ukraine in connection to its illegal activities. The authors give examples of violations of Ukrainian laws and accuse the court of intentional substitutions of concepts "constitutional validity" and "legitimacy" of the legislative act, and propose to dissolve the court as a solution.
Administration, economics and finances
During the February, 2013 the Fatherland faction (opposition) has registered 13 bills in administrative, economic, and financial spheres. Thus, 23.64 % of legislative initiatives of MPs were aimed at solving issues, pertaining to taxation, entrepreneurial activities, banking institutions, operations etc.
The draft Law on establishing limits for decrease in gold and currency reserves of the National Bank of Ukraine, registered by Arsen Avakov, belongs to bills, which may result in a social controversy. The latter has proposed to establish margin of 10% for the last 12 month, up to 18% for two years, 24% for 36 month, 28% and 30% for 48 and 60 months correspondingly since March 1, 2013. The issue was actively discussed by members of parliament during appointment of Chairman of the National Bank of Ukraine on January 10-11, 2012. The opposition was asserting, that gold and currency reserves have decreased for 30% during the current period, particularly in October – for 1.5 billion, in November – for 1.5 billion, in December – for 1 billion, what, according to them, means hidden hryvnia devaluation. However, the previous NBU Head Serhii Arbuzov have failed to report on his activities and current situation with gold and currency reserves to the parliamentary members.
Oleksandra Kuzhel has raised the issue of entrepreneurial activities, particularly business structures, founded by Organizations for Persons with Disabilities. The MP has proposed to amend the Tax Code of Ukraine and simplify regulations on tax benefits for such enterprises. There are 2.64 million of invalids in Ukraine, what is 5.7 % of the population. The author refers to international documents, particularly to the UN Convention on the Rights of Persons with Disabilities, which was ratified in Ukraine in 2009. She thinks that national legislation on social protection and employment of people with special needs is contradictory to international commitments of the country. Still, the MP should also pay attention to precautions, which would prevent dishonest entrepreneurs from receiving benefits, in order to avoid full taxation by the use of persons with disabilities. In her another bill, Oleksandra Kuzhel has proposed to amend Laws of Ukraine on sustaining self-employment in the service sector. The MP has proposed that such persons independently participated in the obligatory state social insurance, if the annual income is less than 100,000 UAH. Besides that, the MP has registered a bill on making amendments to the Tax Code of Ukraine on providing tax benefits for self-employed persons in the service sector. Ms. Kuzhel proposed to introduce three one-time tax holidays for newly-registered physical persons-entrepreneurs in the service sector. The potential innovation may positively influence the service sector and decrease illegal entrepreneurship.
Tetiana Sliuz has proposed to amend the provisions of the Budget Code of Ukraine regarding enhancement of the budgetary discipline. She is planning to decrease risks of unauthorized expenditures by redistribution of the State Financial Inspection of Ukraine (territorial units) and territorial bodies of the State Treasury of Ukraine. Bodies of state financial control are securing oversight of budget use, not of the process of procurement of goods,works, or services. The MP has proposed to attract territorial units of the central executive bodies to the control over every stage of budgetary expenses. Another legislative initiative of Tetiana Sliuz is amendment of the Budget Code of Ukraine regarding the use of financial bills of exchange. The project is aimed at decreasing risks of insufficient filling of the budget with cash funds as a result of non-cash payments in economic and budget spheres. The Ukrspetsfin Ukrainian Special Financial Enterprise was established by the Resolution of the Cabinet of Ministers of 10/1/1998 #1573, and the Order of the Ministry of Finance of 10/1/1998 #199. The state enterprise was established to decrease taxes and fees indebted to the state budget through alternative clearing arrangements. After the Accounting Chamber inspected activities of the Ukrspetsfin, it turned out that enterprises which manufactured products with high liquidity and were able to pay taxes in cash, monopoly used bills of exchange: vodka distilleries, tobacco factories, oil and gas mining and supply enterprises, railway etc. In connection to the mentioned alternative clearing arrangements, the circulation of budget costs was diminished and the clearing discipline was eased. Although the Ukrspetsfin was liquidated, the certain amendments were made to Article 45 of the Budget Code in December 2012, according to which the Cabinet of Ministers of Ukraine (CMU) and the National Bank of Ukraine (NBU) were authorized to establish regulations for circulation, accounting, and payments in financial bills of exchange for agreed liabilities, funds indebted to the state budget and budget financing. According to the author of the bill, these amendments will return practiced used in early 2000, particularly by Ukrspetsfin. The MP has proposed to delete this regulation.
Oleh Lukashuk has registered draft Law on making amendments to the State Budget for 2013. The MP has proposed to provide financing for the realization of the National Program on Drinking Water of Ukraine in amount of 273.5 million UAH. The program shall be realized during 2011-2020, but this year's budget doesn't provide the corresponding funds.
The MP Vitalii Nemilostivyi took care of the wholesale and retail sail of second-hand clothes, customs tariff for used clothes and export duty on wood. Generally, some initiatives of the MP may cause social controversy, as long as MPs of VI convocation were also trying to prohibit import of second-hand clothes, and caused negative reaction of citizens. The draft law on prohibition of wholesale and retail, besides commission and used textile products, clothes, and shoes. The MP is convinced that while domestic market is overwhelmed with used clothes, the light industry of Ukraine is under the threat. In 2012, 98.6 thousand tons of goods were imported to Ukraine. According to the author, such export is not examined by sanitary-epidemiological inspection, therefore, selling goods on wholesale and retail markets endangers life of people and environment, as well as creates negative image of Ukraine in the world. Such initiative doesn't secure competitiveness of domestic light industry in comparison to cheap imported goods from China, and doesn't provide any complex salvation of the problem. In his another legislative initiative, the MP has proposed to introduce changes to the Law of Ukraine on Customs Tariff of Ukraine pertaining to clothes and other used goods. The bill provides increase of customs tariff for 1 kilo from 1.2 USD to not less than 10. Besides that, the MP has registered a bill on establishment of export duty rates for wood. According to the MP, the volume of domestic production of wood with high surplus value has considerably decreased in Ukraine, which volume was growing 20% a year from 2000 to 2007, and in 2008-2012, is suffering from stagnation. Mr. Nemilostivyi has proposed to introduce a tariff quota for import of wood in order to enhance investments in woodworking industry.
Fedoruk Mykola has proposed to suspend operation of Article 24 (3, 4) of the Law of Ukraine on Regulation of Urban Planning Activities which was entered in operation as of January 1, 2013. According to the regulations mentioned above, in case plots of land are not zoned or the detailed land planning is not developed, "land plots that are in the state or communal property cannot be given into the ownership or permanent use of physical or legal entities for city planning needs; besides that, it's forbidden to change designated purpose of land that does not meet zoning plan of the territory and/or detailed land planning". Due to the lack of funds in local budgets, the absence of corresponding city planning documentation leads to blocking of land ownership transfer, what obstructs, first of all, building companies and organizations. The MP has proposed to delay the date of entry into force till January 1, 2015. Adoption of the Law may result in chaotic construction of buildings, widely practiced in big cities.
Mykola Katerynchuk has proposed to amend some laws on elimination of monopoly on the property valuation market. According to the author, Resolution of the State Property Fund of Ukraine and the Ministry of Justice regarding limitation of the number of entities that are eligible to assess the property and property rights, restricts and narrows the rights of entrepreneurs and contradicts to articles 8, 22, 41, 64 of the Constitution of Ukraine. The MP has registered amendments to the Law of Ukraine on State Property Fund of Ukraine and on making amendments to some Laws of Ukraine on privatization and realization of regulations of the State Privatization Program for 2012-2014, and deletion of some regulations.
Tetiana Sliuz has registered a draft law on making amendments to the Law of Ukraine on Public Procurement (regarding the change of the cost of purchase object). The MP has proposed to invite bids, having decreased the threshold for procurement of goods and services from 100 thousand UAH (in construction – from 300 thousand UAH) to 50, and works – from 1 million UAH to 300 thousand.
Social issues and standards
9 draft laws (16.36%) are registered by MPs in the sector of social policy and standards. In particular, MPs Oleksandr Turchynov and Andrii Pavlovskyi have proposed to introduce state guarantees for providing the youth with dwelling. In the corresponding law on Promoting Social Formation and Development of the Youth in Ukraine, MPs have included a regulation which secures giving long-term loans with benefits to young families and single young citizens, for the construction (reconstruction) and purchase of dwelling at the expense of the State Budget of Ukraine, republican budget of the Autonomous Republic of Crimea, the corresponding local budgets and other sources, which are not prohibited by the legislation of Ukraine. Besides that, it was proposed to establish sources of financing for such purposes, and divide its amount between the State Budget of Ukraine (75%) and local budgets (25%).
Tetiana Sliuz has registered a draft Law on making amendments to some legislative acts of Ukraine on pensions for individuals which are working abroad, members of personal peasant farms, and working prisoners. According to the NBU, in 2012, the amount of private money transfers from abroad has increased by 19.7%, and reached 7.02 billion dollars. The MP has proposed to amend the corresponding effective legislation, and increase the size of pension for Ukrainian citizens, which were working abroad, with the consideration of transferred foreign currency. Such payments shall supported by a confirmation receipt issued by banking institutions in Ukraine. The goal of the bill is to improve pension security of Ukrainian citizens, which are working abroad, members of personal peasant farms, and working prisoners.
Nemilostivyi Vitalii has registered draft law on decriminalization of non-payment of wages, stipends, pensions etc. The author is convinced that too high demands to employers – economic entities are causing reduction of entrepreneurial activeness of the citizens.
Oleksandra Kuzhel was focused on improving the social protection of disabled people and has registered a bill that aims to resolve topical problems in the state social protection of the disabled and fundamentally reform of the current system of the state social support and security (Medical and Social Expert Commissions (MSEC), Fund of Social Protection of Disabled Persons, procedures for different types of financial assistance to enterprises, Public Organizations of Disabled Persons, and employers). The MP has proposed to create a special Public service on sociomedical expertise and rehabilitation; broaden the rights of Public Organizations of Disabled Persons for participation in sociomedical expertise; liquidate MSEC; introduce a competitive mechanism for receiving assistance of the Fund of Social Protection of Disabled Persons for the implementation of targeted projects for professional and social rehabilitation and employment of disabled persons; set the margin (not less than 75 percent of the amount of administrative sanctions and fines paid to the state budget) for the use of the Fund of Social Protection of Disabled Persons for professional and social rehabilitation and employment of disabled persons.
Arsenii Yatseniuk, Andrii Ivanchuk, Pavlo Petrenko and Maksym Burbak have registered amendments to the regulations on formation and reconsideration of the minimum for subsistence. The minimum for subsistence in Ukraine is still calculated in accordance with the Resolution of the CMU on approval minimal sets of food, consumer goods, and services for basic social and demographic groups # 656, approved in 2000. The major goal of the bill, is reconsideration and enlargement of consumer basket (food products, consumer goods, and services), sufficient to ensure normal functioning of the human body and keeping it healthy, as well as to satisfy basic social and cultural needs of individuals.
Ihor Bychenko has proposed to introduce changes to the Law of Ukraine on Prohibition to Impose Fines upon Citizens of Ukraine for Untimely Payment for Housing and Communal Services. At the same time, the MP Oleksandr Dubovyi has introduced amendments to the Law of Ukraine on Sea Ports of Ukraine to guarantee labor rights and property rights of citizens. The law mentioned above provides, that changes in leadership of sea ports allow their privatization, what may lead to employee layoff. In accordance with the bill, workplaces and salaries of employees shall be preserved, and alienation of seaport property is prohibited.
Denisova Liudmyla and Senchenko Andrii have registered draft Law on making amendments to the Law of Ukraine on General Mandatory State Pension Insurance. According to the bill, in case of transfer from disability pension to the age pension, the latter is calculated according to the income without restrictions on insurance experience gained by working disabled person. The amount of disability pension will depend on insurance experience and wages, received for work including fees paid to the Pension Fund without any additional conditions.
Politics and state administration
In February, 9 initiatives (16.36%) of the Fatherland faction were focused on issues pertaining to the politics and state administration. Draft laws and resolutions concerned resonance issues and organization needs, particularly some local by-election.
Yurii Odarchenko has introduced a resolution on creation of a Temporary investigation commission of the VRU on investigation of cases regarding tortured opposition leaders in Ukraine and involvement of the Party of Regions to this and other resonance crimes (murders of Yevhen Shcherban and Yevhen Kushnariov). Serhii Sas has proposed to amend the Rules of procedure of the VRU and add terms touch-sensitive buttons, shot, finger identification, to the Article 17 regarding the electronic system of card vote counting, in order not to amend the Rules, and only modify it for the future. In his another resolution, the MP Sas has proposed to approve regulations on the Rada-3 electronic system, which is to secure organization and course of plenary sessions of the Verkhovna Rada of Ukraine, as well as the other information and technical support of the Verkhovna Rada of Ukraine.
Viacheslav Kyrylenko, Kseniia Liapina, Oleh Medunytsia have proposed to amend the Law of Ukraine on elections of deputies to the Verkhovna Rada of Autonomous Republic of Crimea, deputies of local councils, village, town and city heads; to give the status of electoral subjects to official observers from NGOs. Therefore, the lawmakers have proposed to transfer a progressive regulation of the Law of Ukraine on Elections of People's Deputies of Ukraine to local elections.Tetiana Sliuz has introduced a proposal to conduct obligatory training of candidates for village, town, and city heads regarding local self-government, which is to be organized by Oblast State Administrations, Government of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations within the corresponding territorial units in accordance with rules determined by the Cabinet of Ministers. Although attraction of finances from the State Budget is doubtful, this initiative may positively influence the quality of local policy.
Soem MPs have prepared resolutions on organization of regular and special local elections. In particular, Oleksandr Turchynov has registered a draft Resolution on organization of regular election of deputies of local councils, village, town and city mayors in 2014, which the author proposed to conduct in autumn 2014. Oleh Medunytsia and Kupreichuk Iryna have proposed to call special elections of Okhtyrka city mayor (Sumy oblast) on April 21, 2013 in connection to voluntary abdication of post as of April 15, 2011.
Valerii Dubil and Ruslan Knyzevych have registered amendments to the Law of Ukraine on the Status of Local Council deputies regarding the procedure of creating groups and factions in local councils of all levels. MPs have proposed to form deputy factions for deputies, nominated by political parties with not less than 2 members; give non-faction deputies the right to enter deputy factions, which name shouldn't include deputy groups; membership of deputy groups should be not less than 3 persons. It was proposed to form deputy factions by taking the corresponding decision on constituent assembly of the faction with primary approval given by the administrative body of political party's local office. The administrative body of the party's office, which have primarily approved the creation of a deputy faction in the local council, may take a decision on dissolution of the faction or re-registration of its members.
Kseniia Liapina has registered a draft law in which she proposed to introduce a simplified procedure for termination of the legal capacity of legal persons and to reorganize state institutions.
Humanitarian issues
3 draft laws of the faction concern humanitarian issues and are aimed to solve problems in this sector. Liliia Hrynevychhas registered amendments to the Law of Ukraine on Education regarding the use of buildings, structures, premises educational establishments and institutions to provide educational and related services. According to the author, the problem of shortage of facilities for nurseries and junior kindergartens in big cities can be solved by prohibiting the use of buildings, which were transferred from state or municipal property, including rent (use) to state authorities, local self-government bodies, and are inappropriately used by local governments, enterprises, institutions and organizations of different types of ownership whose activities are not connected to the provision of educational and related services.
MPs Hryhorii Nemyria and Andrii Shevchenko have registered a legislative initiative on amendment of some laws of Ukraine on improvement of the certain regulations on personal data protection and adapt them to the standards of the Council of Europe and the European Union regarding functioning of the independent state control over personal data protection. The necessity to adopt the draft law follows from regulations of National Plan on Implementation of the EU-Ukraine Action Plan on visa liberalization, approved by the President's decree # 494 of April 22, 2011 and EU-Ukraine Association Agenda to prepare and facilitate the implementation of the Association Agreement. It is proposed in the bill to empower the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine, as a body, sufficiently independent of executive bodies and other state bodies, to bear state controlling functions over personal data protection and duly perform the corresponding responsibilities.
Volodymyr Yavorivskyi has proposed the VRU to consider the draft resolution regarding prohibition on political advertising of Customs Union in Ukraine, which, according to him, may be of anti-government character and contradict the Constitution of Ukraine and legislation. In such a way, the MP has proposed to influence the public opinion on transnational institution.
Security and defense
Vitalii Yarema and Vitalii Nemilostivyi have submitted one draft law each regarding security and defense. Mr. Nemilostivyj has proposed to recognize that the Law of Ukraine on peculiarities of state property management in the military-industrial complex has lost its validity. The bill aims at creating proper conditions for military-industrial complex development in Ukraine, military-technical cooperation with foreign customers, duly implementation of responsibilities regarding state defense order through harmonization of the corresponding regulations with other laws of Ukraine. It will allow the Administration of the President of Ukraine and the Cabinet of Ministers of Ukraine to resolve the issue of subordination of military-industrial enterprises to the central executive body, and divide functions of regulation, management and control. Vitalii Yarema has proposed to amend the list of officials under the protection in the Law of Ukraine on state security of government bodies of Ukraine and state officials. If there is danger to life or health, the following officials may use the right of state protection: MPs of Ukraine; members of the Cabinet of Ministers of Ukraine; heads of the central executive bodies, which are not members of the Cabinet of Ministers of Ukraine; judges of the Constitutional Court of Ukraine and the Supreme Court of Ukraine; Head of the National Bank of Ukraine; Chairman of the Verkhovna Rada of the Autonomous Republic of Crimea; Chairman of the Council of Ministers of the Autonomous Republic of Crimea. The author proposed to reduce expenditure of the State Budget of Ukraine by shortening the list of officials which have the right of the state protection.
The Party of regions of Ukraine
Members of the Party of Regions have submitted 103 draft laws in February on behalf of 63 members of parliament. 145 MPs (75%) haven't submitted any draft law. The biggest number of bills was introduced by Anton Yatsenko, which is a member of the Committee on Finance and Banking (13 draft laws/13%) in four different sectors: economic, law-enforcement, social, and introduction of holidays and memorable dates. The majority of draft laws were submitted in economic (42%), law-enforcement (19%), and social (14%) sectors. There were no bills in foreign affairs and defense sectors.
OPORA has noticed, that MPs often register draft laws which are not related to committees where they work. Moreover, there are instances when initiatives of MPs are not even close to sectors covered by activities of their committees.
Administration, economics and finances
Submitted draft laws pertain to different issues: there are draft laws on permission to maintain casino in 5-star hotels and regulation of lotteries; introduction of a simplified procedure of transferring land plots from state or municipal property to citizens or legal entities and diminution of the corresponding state charge; enhancing consumer protection by increasing responsibility of economic entities; tax exemption for investors working in AR Crimea; amendments to state regulations on prices for agricultural products.
In February, Yevhen Sihal, who is the Deputy Head of the Committee on Agrarian Policy and Land Relations, has submitted the following propositions on deposits: to allow deposit holdings only in Ukrainian national currency and establish mandatory taxation of deposits.
Anton Yatsenko has registered two worthy initiatives, in which he proposed to make publishers which publish books in Ukrainian exempt from VAT for 7 years. His another initiative concerns particularization of requirements to the quality of drinking water, and permission for lease, concession, and investment projects on water supply objects.
Social sphere
There is only one fundamental draft law in this sector: Social code. It was developed by the MP Anton Yatsenko, a member of the Committee on Finance and Banking. The draft Social code provides authorizing central authorities with the right to determine and regulate a considerable number of social terms and procedures. Anton Yatsenk has also developed amendments to the Family Code, which prohibit the separation of siblings for adoption.
Some draft laws in this sector concern military pensions and pensions for military and liquidators of the Chernobyl accident, as well as benefits for the children of disabled veterans and of servicemen who perished, for non-competitive admissions to HEIs.
HUMANITARIAN ISSUES
Vitalina Dzoz has submitted three draft laws in the sector. Two of them are focused on improvement of the situation with transportation of teaching staff to educational establishments and reimbursement of their expenses on free transportation of children to kindergartens. In another draft law, the MP proposed to unite establishments of out-of-school and school education into single system of general education.
The MP Vadym Kolesnichenko wants to create the National Warrior Pantheon Military Memorial Cemetery state enterprise and its regional subsidiaries and establish procedures for burial in it. In an explanatory note, Vadym Kolesnichenko is referring to the US experience and gives an example of the Arlington National Cemetery.
POLITICS AND STATE ADMINISTRATION
The MP Volodymyr Oliinyk, which works in the Committee on Legislative Support of Law Enforcement, has submitted two worthy documents. The first is amendments to the Law of Ukraine on Elections of People's Deputies of Ukraine and the Code of administrative procedure of Ukraine (CAPU), which specify regulations for termination of powers of recalledMP, which was elected in single-mandate election district. It also regulates the procedure for and grounds of the recall. The Civil Network OPORA is convinced that wording of some regulations is generalized, what may cause its various interpretation. In his another bill, Mr. Oliinyk has proposed to allow early termination of powers of deputy of local council by submission of the political party which nominated him in its election list. It is also specifies the procedure for recall of deputy of local council in connection to the change of election system.
Two draft laws regarding the problems of the AR Crimea were submitted by Olena Netetska. She has proposed to improve the wording of Water code of Ukraine, and maximally limit the list of persons which are eligible to construct buildings within sanitary zones of the sea, and allow the construction of exclusively military objects. In her another law initiative, the MP has proposed to amend the Code of Ukraine on Mineral Resources, and allow local self-government bodies to agree on write-off of mineral resources of local significance from the registration of mining enterprise.
LAW-ENFORCENET SYSTEM AND JUSTICE
The MP Vadym Kolesnichenko has prepared two draft laws regulating the issue of corruption and public order keeping during football games. He is the first who proposed to establish procedure for combating corruption and match fixing in football and determine liability for such violations. He has also registered a draft law on making amendments to the Code of Administrative Offenses of Ukraine (regarding responsibility for the use of fireworks and xenophobic, racist or political slogans and insignia) and the Law of Ukraine on peculiarities of public order and ensuring public safety in connection with the preparation and holding of football matches.
Anton Yatsenko (the Head of Subcommittee on Securities) has prepared some draft laws in various sectors. He has proposed to establish life sentence for possession, sale or purchase of narcotics, psychotropic substances or their analogues. In his another legislative initiative, he proposed to amend the Code of Administrative Offences and some other legislative acts and allow non-military security officers to detain violators and bring them to police stations. This draft law widens the rights of private security agencies, complements the list of objects that must be guarded and allows private security agencies to provide such services.
Another two draft laws submitted by Anton Yatsenko provide the introduction of stiffer penalties for driving a vehicle while intoxicated or under the influence psychotropic substances and to exclude the possibility to use the vehicle by power of attorney.
MPs Vitalii Zhuravskyi and Volodymyr Oliinyk have submitted two bills regarding pre-court investigations. They proposed to suspend detective and search activities after the start of pre-court investigation, and to prohibit special units to combat corruption and start pre-trial investigation.
INTRODUCTION OF HOLIDAYS AND MEMORABLE DAYS
MPs Vadym Kolesnichenko and Volodymyr Oliynyk have proposed four bills on introduction of memorable dates of some events, which took place during the World War Two: three of them, submitted by Volodymyr Oliynyk, pertain to struggle of the Red Army against the Nazi invaders, and one, submitted by Vadym Kolesnichenko – is a proposition to celebrate the "anniversary of the Stalingrad battle as is practiced in the world" (taken from the text of his explanatory note).
There were also bills on celebration of birthdays of two Ukrainian poets: Taras Shevchenko and Vasyl Symonenko.
ENVIRONMENT
MPs have introduced two important draft laws. One of them concerns the permission of environmental and hunting tourism in biosphere reserves (Barvinenko Vitalii, the Committee on construction, urban development, housing and communal services), and the second – is a bill which forbids the manufacturing and dissemination of polyethylene packages of the size less than 35 liters, if their cleavage takes long time (Ihor Tsyrkin, the Committee on Taxation and Customs Policy).
Draft laws, submitted by non-faction deputies
Non-faction MPs tend to increase of their law-making activities. While they have introduced 30 draft laws in December 2012 (20 of which were drafted by the same MP), and 17 in January, there were 24 bills registered by non-faction MPs during February. Despite only some non-faction MPs were active law-makers during first month of the Verkhovna Rada of Ukraine of VII convocation, their number has considerably increased.
During three months, social issues and specific problems of particular social groups were topical for non-faction MPs. In particular, in February 2013, 24 draft laws submitted by non-faction MPs pertained to social issues and guarantees, 5 to economic issues, 5 to humanitarian issues, 3 to law-enforcement system and justice, and 2 to politics and state administration. We should particularly mention that some social bills of non-faction MPs require reallocation of budget resources. These initiatives are unlikely to be implemented without the support of parliamentary majority and government. Simultaneously, non-faction MPs are actively trying to solve resonant humanitarian issues. For example, during January-February 2013, they have registered three alternative bills on Language Policy in Ukraine, which can't be adopted without a wide interfactional compromise.
In February 2013, Serhii Mishchenko has registered the highest number of draft laws among non-faction MPs (13). He is the most active non-faction lawmaker during three last months.
Economics, finance, and administration
In February 2013, non-faction MPs have registered 9 bills in social sector.
The MP of Ukraine Serhii Mishchenko has proposed to introduce mandatory local referendums on the transfer of natural water bodies and lands of water fund in private ownership of physical persons or legal entities. In his another bill, Mr Mishchenko has initiated the prohibition of leasing international airports, airfields and airfield facilities. According to him, this bill was drafted, first of all, to prohibit leasing the property complex of Boryspil International Airport.
Serhii Mishchenko has also introduced the bill on protection of limited liability companies from unscrupulous attempts to block their activity. It provides automatic calculation of votes of the participants of limited liability companies in accordance with their actual contributions to the share capital.
The MP Lev Myrymskyi has proposed to delay for one year the date of entry into force of some regulations of the Law of Ukraine on Regulation of Urban Planning Activities, which provide that land plots cannot be given into the ownership or permanent use of physical or legal entities if the the detailed land planning is not developed. Non-faction MPs Ihor Yeremeiev, Stepan Ivakhiv, Serhii Martyniak, Serhii Labaziuk have registered a draft law to solve the issue of untimely compensated expenses of transport carriers in connection to preferential transportation of citizens. MPs propored to exempt transport carriers from penalties for late payment of a single social contribution, if these companies didn't receive the full subvention from the state budget to compensate travel privileges. It is provided that preferential transportation should constitute more than 40% of all transportation services of the company for application of this regulation.
Social issues and guarantees
The MP of Ukraine Oleh Liashko has initiated amendment of the Law of Ukraine on the State budget of Ukraine for 2013, regarding changing social guarantees for different categories of citizens. According to the MP, the Verkhovna Rada of Ukraine wasn't eligible to make these changes by adopting the Law of Ukraine on the State Budget of Ukraine, as long as benefits and compensations, as well as procedures for their reconsideration, were secured in the other laws. However,Serhii Mishchenko has proposed to increase financing of social budget by reducing expenses for the maintenance of the state apparatus. The MP is convinced that if budget expenses were redistributed the way he proposed, the social sector would receive additional financing of 360 million UAH.
Non-faction MPs are actively registering draft laws, in order to strengthen or regulate the social protection of the certain categories of citizens. Serhii Mishchenko has proposed to give residents of apartment provided by the employer the right to privatize them. At the same time, MPs Ihor Yeremeiev, Stepan Ivakhiv, Serhii Martyniak, Serhii Labaziuk, have proposed in their project to provide social protection for members of personal peasant farms in case of unemployment.Oleh Liashko has proposed to amend regulations on recalculation of pensions for working pensioners. This amendment provides taking into account the actual rate of the average salary of working pensioners, not only the size of salary which is effective at the moment of granting pension. The former Chairman of the Verkhovna Rada Volodymyr Lytvyn has introduced a bill on allocation of additional 36 million UAH for cancer treatment abroad. According to the majority of MPs, their social projects do not require additional expenses from the state or local budgets.
Social issues connected to the health of the nation remain topical among lawmakers. MPs of Ukraine Ihor Yeremeievand Stepan Ivakhiv have proposed to prohibit realization of alcohol and tobacco products in the area closer than 300 meters to educational institutions and hospitals, as well as to individuals under the influence of alcohol or women with visible signs of pregnancy. Besides that, MPs have proposed to prohibit realization of such production from 9pm to 10am (besides restaurants). In this initiative, MPs are referring to positive experience of local councils, when limited sale of alcohol promoted the reduction of antisocial behavior and crime.
Humanitarian issues
In February 2013, non-faction MPs have introduced 5 bills in humanitarian sector.
The language issue remains topical in the country: the MP Oles Donii has introduced the Law of Ukraine on Using Languages in Ukraine. We remind that non-faction MPs have submitted two bills on language policy in the last month.
Another topical issue for non-faction MPs is education sector. MPs Ihor Yeremeiev, Stepan Ivakhiv, Serhii Martyniakhave proposed to impose a moratorium on school closures. Their colleague Oles Donii has proposed to impose a similar moratorium on the closure of village schools. At the same time, Serhii Labaziuk has prepared the draft Resolution of the Verkhovna Rada of Ukraine on returning kindergartens to state ownership. According to the MP, the Verkhovna Rada of Ukraine should return illegally liquidated and privatized kindergartens to the state ownership. However, the MP failed to provide any practical mechanisms for implementation of this parliamentary decision.
Quite a specific issue is raised by Serhii Mishchenko, who has proposed in his bill to prohibit giving museum exhibits for decoration of facilities in government buildings.
Law-enforcement system and justice
Non-faction MPs have proposed three draft laws regarding reformation of law-enforcement system and justice. Taking into consideration Ukraine's unsatisfactory execution of decisions issued by the European Court of Human Rights, Serhii Labaziuk has drafted a relevant bill in order to remove the gaps of national legislation in this issue. For his part, Sehii Mishchenko has proposed to strengthen criminal and administrative accountability for unauthorized seizure of land plots, especially coastal protection strips. Lev Myrymskyi has proposed an original bill regarding prohibition to limit vehicle traffic when driving officials in ARC during the holiday season. Mr. Myrymskyi has also emphasized in his bill, that this seasonal prohibition do not pertain to the President of Ukraine.
Politics and state administration
In February, non-faction MPs have registered two draft laws to solve political or administrative problems.
The most resonant project was prepared by Lev Myrymskyi, who has proposed give citizens the right to hold dual citizenship. The MP is convinced that the possibility to hold two passports will give Ukrainian citizens the chance for decent salary and education abroad, enable them to travel freely and protect from "political crises, shocks and defaults". Amendments to the Law of Ukraine on Citizenship of Ukraine provide citizens of Ukraine the right to acquire a nationality a foreign state, without losing Ukrainian citizenship. At the same time, foreign citizens will be able to acquire the citizenship of Ukraine without abandoning the citizenship of another country. Simultaneously, Serhii Mishchenko has proposed to subject the authorized body for personal data protection to the Verkhovna Rada of Ukraine.
Draft laws, submitted by the Communist Party of Ukraine
In February 2013, members of the Communist Party have submitted 32 bills for consideration of the Verkhovna Rada. Such number is a considerable step forward compared to the previous month, when the Communists managed to register only 6 bills, what is one bill less than submitted in December 2012. The vast majority (24) of draft laws registered by the CPU pertains to social problems and standards, some bills (4) pertain to financial and economic issues, and none to the state administration, foreign policy and defense.
Petro Tsybenko, who has 20-year parliamentary experience, became an absolute leader in law-making among members of the CPU faction. He is indicated as an author of 17 draft laws, registered in February. However, such activeness of P. Tsybenko is nominal, as long as he is the Head of the Committee on Social Policy and Labor, and all bills of his authorship are in fact drafted by the whole committee. Moreover, draft resolution of the Verkhovna Rada, registered by P. Tsybenko can't be considered as draft laws of full value, which require lots of time and efforts for preparation. In particular, these are draft resolutions on setting as principle, rejection or returning for reconsideration of legal acts, submitted to the committee. Therefore, if we do not count similar documents (15), the MP Tsybenko has participated in drafting of 2 bills, and the actual indicator of legislative activity of CPU in February is 17 bills.
Spiridon Kilinkarov, Oleksandr Holub and Serhii Hordiienko – are also leaders-lawmakers among the parliamentary communists. Each of them participated in drafting of 4 bills. Similarly to the UDAR, a half of the CPU members (16 persons) haven't registered any bills in February.
The draft law on making amendments to the Law of Ukraine on Psychiatric Care #2217 as of 2/7/2013 was the most controversial. MPs-communists Petro Tsybenko and Iryna Spirina (number 2 and 3 in the CPU party's election list respectively), have proposed to allow compulsory admission to psychiatric institutions in case individuals are unable to understand the harm of alcohol and drugs. Authors of the draft law urge that alcohol, drugs and substances, which are not included in the national drug list, shall be classified as a mental disorder, detection of which gives grounds for compulsory hospitalization of a person in a mental institution. Besides that, they affirm that "despite compulsory measures are not supported by the public, the number of alcohol psychoses decreased by 10 times, and mortality caused by diseases associated with alcoholism had significantly reduced in 80's of the last century". Iryna Spirina is Professor, and Doctor of Medical Sciences of the Dnepropetrovsk Medical Academy, what proves the reasoning of the bill.
The complex approach to lawmaking process showed MPs Oleksandr Prysiazhniuk and Oleksandr Zubchevskyi, which have proposed to adopt a Law on innovation activity in Ukraine (#2193 of 2/5/2013), which regulates the system of legal, organizational, technical, financial and economic relations in the field of rationalization[1]. According to the authors of the bill, such Law will allow future saving of all resources, particularly imported energy sources, make domestic goods and services competitive on internal and world markets, and facilitate creation of new workplaces in the country.
The MP Oleksandr Zubchevskyi, who received historical, management and economics education, has registered the draft Resolution (#2195 of 2/5/2013) on conducting parliamentary hearings on the topic: "External Independent Testing in Ukraine: achievements, problems and ways of improvement". According to him, the hearings should be aimed at development of propositions and recommendations for the supreme legislative body, state executive bodies and local self-government bodies, in order to standardize and improve legislative regulations on external independent testing. In fact, the EIT really needs to be regulated on legislative level, but it's surprising that the CPU has submitted such initiative, as long as it doesn't belong to supporters of the EIT system.
The MP Viktoriia Babych has registered a draft law (#2202 of 2/6/2013) on protection against non-performance of the bank deposit agreement by a bank. The draft law provides the responsibility of banks for breaking conditions of deposit agreement regarding timely return of deposits, in paying a depositor 1% fine of the total sum of his deposit for each day of delay.
Olha Mykhailenko, Serhii Hordiienko and Olha Boryta have submitted a draft law (#2366 of 2/21/2013), in which they proposed to grant pensions for special merits before Ukraine to MPs of five and more convocations of City Councils in cities of raional significance, town and village councils in Ukraine and former Ukrainian SSR. According to initiators, this it will allow overcoming injustice, when MPs of four and more convocations of the Verkhovna Rada of Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city councils, raion, raion in cities, and city councils in cities of raional significance in Ukraine and former Ukrainian SSR are receiving pensions for special merits, in contrast to the other deputies of local councils.
Quite populist, although topical is the draft Law on making amendments to the Tax Code of Ukraine on imposing taxes on luxury items (#2343 of 2/20/2013. Thus, the MP Spiridon Kilinkarov has proposed to impose tax on property, which is not a land plot (luxury tax). According to his bill, the following items are liable to the tax: cars costing over 450 amounts of minimum wage with engine capacity more than 3 990 cm3 (besides those used for more than 5 years); motorcycles costing over 150 amounts of minimum wage with engine capacity more than 995 cm3 (besides those used for more than 5 years); vessels (yachts and sailing crafts for leisure or sport, which fall under the number 8903 in Ukrainian Classification of Commodities for Foreign Economic Activity (UCCFEA)), equipped by a stationary or outboard motor (motors) with engine capacity more than 75 kW, including those imported into the customs territory of Ukraine under the temporary importation; planes and helicopters, including those imported into the customs territory of Ukraine under the temporary importation; items made of precious metals and precious stones, precious stones of organogenic origin, semi-precious stones, processed and unprocessed precious stones costing more than 20 amounts of minimum wage; watches, mobile phones and weapons costing over 20 amounts of minimum wage; shoes, fur, leather, carpets, garments, knitwear, textiles, and wood products costing more than 30 amounts of minimum wage that fall under the number 4420 in the UCCFEA; art objects, collectibles and antiques costing more than 30 amounts of minimum wage.
Draft laws, submitted by the Svoboda faction
In February, MPs of the All-Ukrainian Union Svoboda faction have registered 18 draft laws, 4 bills more than the previous month. Only members of the UDAR party have submitted a little less bills. The biggest part of bills, submitted by members of the Svoboda faction (13) pertain to politics and state administration, 2 draft laws on introduction of holidays and memorable dates, and one in economic, social, and humanitarian policy respectively. Still, foreign affairs, defense or environment issues were not topical for the Svoboda members. Compared to January when 6 bills were registered in the sector of economy and finance, only 1 bill was registered in February.
In February, Oleh Tiahnybok has become the formal leader in lawmaking activities, who participated in the development of 11 legislative acts. However, the part leader failed to initiate any of them independently. Moreover, Oleh Tiahnybokdidn't participate in law-making activities of his party, and concentrated on interfactional – all (11) his bills were drafted together with member of the Fatherland and the UDAR. In particular, these documents pertain to honoring the memory of 1932-1933 Holodomor victims in the 80th anniversary of the tragedy at the state level; securing transparency of public procurement; creation of the National Anti-Corruption Bureau; regulating the procedure for Presidential impeachment. At the same time, the Honoured Journalist of Ukraine Ihor Miroshnychenko, which has drafted 6 bills with 4 of which independently, is the virtual leader in law-making activities of the All-Ukrainian Union Svoboda in February. Almost all bills of I. Miroshnychenko are aimed at realization of control methods, available to members of parliament, particularly, dismissal of members of the National Television and Radio Broadcasting Council of Ukraine, or creation of Temporary investigation commissions of the Verkhovna Rada of Ukraine. MPs Andrii Mishchenko and Ruslan Zelyk have registered 3 draft laws each. However, 13 members of the Svoboda party haven't submitted any bills to the parliament, including Bohdan Beniuk, who was the second in the party's election list, and own brother of the party leader Andrii Tiahnybok.
In February, members of the All-Ukrainian Union Svoboda were focused on initiation of Temporary investigation commissions of the Verkhovna Rada, and registered 5 corresponding draft resolutions. In particular, Svoboda members want to investigate: involvement of the Minister of education and science, youth and sports of Ukraine Tabachnyk Dmytro Volodymyrovych in embezzlement of property of historical and cultural foundations of Ukraine as well as targeted and efficient use of funds (#2331 of 2/19/2013); corruption violations committed by members of the National Television and Radio Broadcasting Council of Ukraine (#2337 of 2/19/2013); incidents of raider takeover of Ukrainian enterprises (#2378 of 2/22/2013); illegal opening of transport network in Lviv city and misuse of grant funds provided by the European Bank for Reconstruction and Development (#2383 of 2/25/2013); violation of the effective legislation of Ukraine committed by Vynnyky city mayor in Lviv oblast and executive authorities of Vynnyky City Council (#2391 of 2/25/2013). Taking into consideration that such decision should be supported by not less than one third of complement of the Verkhovna Rada, investigation commissions mentioned above have good chances to be formed. It means, that it would be enough if three opposition parties vote for their creation.
Besides that, members of the All-Ukrainian Union Svoboda concerned about issues of local self-government. Thus, Svoboda members have proposed (draft Law #2283 of 2/12/2013) to give local councils the right to choose financial institution which will maintain local budgets by expenditures and revenues of local budget funds, which are not counted when determining amounts of interbudget transfers as well as expenditures and revenues of local budgets' special fund. Today, local budgets are maintained exclusively by the Treasury service, which have often caused blocking of transactions of local self-government bodies due to late payments made by the State Treasury service.
The MP Oleh Makhnitskyi has registered the bill (#2296 of 2/14/2013), which provides making amendments to the Law of Ukraine on the Status of Local Council deputies. In particular, it regulates mandatory personal voting during plenary sessions of local councils, visit sittings of the Standing Committee and other bodies of the council. In case the MP of local council cannot be present on the sitting, he shall notify the corresponding body. Mr. Makhnitskyi is convinced that such regulations will make deputies of local councils take personal responsibility for taken decisions.
Another draft law in the sphere of local self-government, registered by Iryna Sekh, concerns amending the Law of Ukraine on elections of deputies to the Verkhovna Rada of Autonomous Republic of Crimea, deputies of local councils, village, town and city heads. The document provides securing financing of special local elections at the expense of the State Budget of Ukraine on legislative level. The effective Law provides financing of special local elections exclusively at the expense of local budgets. Apparently, such initiative of the MP from Lviv oblast was caused by problems which appeared when it turned out that MPs of Lviv oblast council are not ready to finance special local elections at the expense of local budget.
In the sphere of humanitarian policy the All-Ukrainian Union Svoboda has initiated only one project, however significant. MPs Ruslan Koshulynskyi, Iryna Farion and Andiri Mishchenko have proposed to amend the Article 8 of the Criminal Executive Code of Ukraine and oblige the penal institutions' administrations, their supreme bodies, and prosecution bodies, to answer appeals of prisoners in the state language. Answers to appeals from sentenced foreigners and stateless persons shall be given in language of the appeal. The effective regulation of the code provides that appeals of all sentenced regardless of their nationality should be answered on the same language as appeal.
Compared to the previous month, the All-Ukrainian Union Svoboda have moved from financial and economic issues to politics and state administration. We remind that in January 2013, almost the half of draft laws submitted by the Svoboda concerned economic issues. The only bill which concerned economic issues, submitted by the Svoboda faction (particularly by Anatolii Vitiv) concerned inclusion of the Volyntorf enterprise to the list of state ownership objects, which cannot be privatized.
Draft laws, submitted by the UDAR party
During February 2013, members of the UDAR have independently (without the other factions) have initiated 10 draft laws, which is the smallest number among all the parliamentary factions. We should obviously take into consideration the fact that UDAR members were mainly focused on blocking of the Verkhovna Rada, but not on development of bills. Besides that, such monthly number of registered bills is typical for the UDAR – they have registered 10 bills in December and 16 bills in January. Members of the UDAR were focused on law-enforcement and justice issues (4 draft laws), and financial and economic problems (3 draft laws). However, the issues of humanitarian policy, foreign affairs and defense, as well as environmental management, were no longer topical for members of the UDAR this month.
Vitalii Klychko became has become the formal leader in lawmaking activities, who participated in the development of 15 legislative acts. Such result is sharply contrasting with previous month, when V. Klychko has joined the development of 2 bills. In February, V. Klychko has introduced 11 interfactional bills, and 3 bills drafted together with his party members. V. Klychko has submitted only one draft law – on election of Nataliia Novak, a representative of the UDAR, as a member of the Special Control Commission on Privatization. Viktor Pynzenyk, the best lawmaker in the UDAR party of the last month (6 bills), was drafting 4 bills in February, and one of them (on making amendments to the Budget Code) independently. The half of members of the UDAR (21) hasn’t registered any draft laws in February.
Three members of the UDAR – Vitalii Klychko, Viktor Pynzenyk i Vitalii Kovalchuk have registered three connected draft laws (#2161, # 2162, # 2163 of 2/1/2013) which contain very brave proposition on reforming the police, public prosecution, and judicial system. Authors of the bills are referring to the international experience (without specifications) and propose to change the approach to the election of local public prosecutors, judges, and senior police officers – and choose them in the corresponding territorial units. According to members of the UDAR, introduction of such practices will facilitate protection of rights and fundamental freedoms of citizens in relations with police and public prosecution, as well as will prevent constant pressure upon judiciary. We remind that heads of raional, raion in cities, city, and departments of main offices of the Ministry of Internal Affairs of Ukraine in oblasts, ARC, cities Kyiv and Sevastopol, are appointed and dismissed by the Minister of Internal Affair of Ukraine. Local public prosecutors, their assistants, board members of Prosecutors’ Offices are appointed by the Prosecutor General of Ukraine. Heads and Deputy Heads of local courts, courts of appeal, and Supreme Specialized Court, are appointed by the Supreme Council of Justice. Although most of propositions are reasonable, the UDAR lacks necessary political influence for such serious reforming. Therefore, such sonorous propositions look like populist.
The draft Resolution on cancellation of unjustified privileges for the Chairman of the Verkhovna Rada of Ukraine and the President of Ukraine (#2209 of 2/6/2013). Members of the UDAR (Pavlo Rozenko, Iryna Herashchenko, Oleksandr Mochkov, Rostyslav Pavlenko, Nataliia Ahafonova) have proposed to cancel privileges which they consider to be unjustified, for the Chairman of the Verkhovna Rada of Ukraine during execution of his duties, and for the President of Ukraine after resignation. In particular, it was proposed to cancel the effective Resolution of the Presidium of the Ukrainian SSR Supreme Soviet on About maintenance and services provided to the Chairman of the Verkhovna Rada of the Ukrainian SSR #98-XII of August 1, 1990 according to which the Chairman of the parliament is provided with the following maintenance and services: house in the country, an apartment in Kyiv city; transport service (car, plane); expenses on country and foreign visits are covered by the State budget; medical care as well as sanatorium and resort services for him and his wife. After termination of his authority, he receives perpetual maintenance, in particular: pension of 70% of salary; state country house with services and transportation; sanatorium and resort services for him and his wife. Regarding privileges of the President after resignation, members of the UDAR have proposed to provide him only life-long state protection, and deprive of salary; state country house with services and transportation; sanatorium and resort services for him and his wife.
Three draft laws of the UDAR party pertain to financial and economic issues. This draft law (#2155 of 2/1/2013), submitted by V. Pynzenyk, provides cancellation of a regulation on placing extra income tax and excise tax to the local budget revenues. Ruslan Solvar, who received financial education, has submitted draft law (#2334 of 2/19/2013), in which he proposed to include state duty for notarial acts of property alienation to the budget of local government at the location (place of registration) of the property. The bill, drafted by Roman Vanzuriak and Vitalii Chuhunnikov is also targeted at legislative solution for the problem of grey import dual-purpose vehicles, their re-equipment without corresponding technical documents and coordination with manufacturer, and all the consequent risks on Ukrainian roads.
Another bill submitted by Ruslan Solvar (#2334 of 2/19/2013) concerns social policy. Although social projects are traditionally populist in Ukraine, this bill is quite realistic. The author has proposed to amend the Family Code of Ukraine and secure that the court may decide to give bigger part of marital property to husband/wife if at least one child lives with him/her. Today, according to the court practice of adjudicating civil lawsuits which pertain to division of marital property, courts may decide to dive bigger part of marital property to husband/wife if two or more children live with him/her, or two or more disabled adult sons or daughters.
Inter-faction bills
In February 2013, members of different factions have commonly developed 29 draft laws. Most of them concerned politics and state administration (10 projects), economic issues (8), social issues (4), law-enforcement system (4). Humanitarian issues were less popular among MPs (2 projects). One project concerned introduction of holidays and memorable dates.
Draft laws, which were commonly drafted by representatives of different political parties, may be divided in three groups. Firstly, the All-Ukrainian Union Fatherland, the UDAR and the All-Ukrainian Union Svoboda have often submitted draft laws commonly, what is a public expression of consolidation of opposition deputy corps. In February, three opposition factions have introduced a considerable number of commonly drafted bills. These documents have been widely discussed by the public (bills on initiating impeachment of the President of Ukraine, creation of the National Anti-Corruption Bureau, limitation of privileges for state servants etc.). However, these bills are unlikely to be adopted. Secondly, there is unwritten rule introducing common bills by leaders of factions in order to solve actual political conflicts between them. The last successful example of such interfactional documents in the Law of Ukraine on the rules of procedure of the Verkhovna Rada of Ukraine, which had helped to unblock the parliament and was signed by the President of Ukraine. There are more bills drafted for internal consolidation that for wide compromising in the parliament. Thirdly, members of different factions are commonly drafting bills which are not widely discussed by the public and concern the separate sectors, groups or territorial interests. Taking into consideration the complexity of reaching wide compromises, the very latter form of interfactional communication may bring the best results.
Politics and state administration
10 interfactional bills, which solve political issues and regulate various aspects of public administration, were registered in February 2013.
The most resonant was an initiative, drafted by all parliamentary factions, on rules of procedure of the Verkhovna Rada of Ukraine, aimed at ensuring personal voting of MPs of Ukraine and settlement of the parliamentary crisis. Amendments to the Rules of Procedure were adopted in the first day of the second session of the Verkhovna Rada of Ukraine, and are already signed by the President of Ukraine. Despite the vague social and expert opinions on the decision, this parliamentary compromise is significant.
Representatives of the All-Ukrainian Union Fatherland, All-Ukrainian Union Svoboda, and UDAR have commonly introduces some resonant draft laws. Leaders of these factions Arsenii Yatseniuk, Oleh Tiahnybok, and Vitalii Klychko have registered draft Laws of Ukraine on Impeachment of the President of Ukraine, and on Cancellation of unjustified privileges and preferences for officials. The drafted by the opposition project on the procedure of impeachment of the President of Ukraine is aimed at removing existing legislative gaps in regulation of this procedure. The draft law on privileges and preferences for officials provide staff reduction of the Presidential Administration (from 550 to 200 persons), of Apparatus of the Verkhovna Rada of Ukraine (from 1,120 to 500 persons), the Cabinet of Ministers of Ukraine (CMU) (from 700 to 400 persons). Besides that, the opposition intends to deprive ex-Presidents of Ukraine the life-long state protection, prohibition to limit vehicle traffic when driving high officials, limit pension security for ex-Presidents of Ukraine, CMU members, MPs of Ukraine, to ten minimum subsistence for persons that have lost working capacity.
Representatives of opposition factions are commonly trying to solve topical issues of the election process in Ukraine.Arsenii Yatseniuk, Vitalii Klychko and Oleh Tiahnybok have proposed the CEC to determine election results in single-mandate election districts #94, 132, 194, 197 and 22 on the basis of protocols provided by PECs. Authors of the project have also secured cancellation of the previous Resolution (November, 2012), which recommended the CEC to conduct re-election in those districts The opposition is also trying to keep its election promise regarding investigation of falsifications during the parliamentary elections, by creating the Temporary investigation commissions of the Verkhovna Rada of Ukraine. At the same time, Maksym Burbak, Mykola Fedoruk, Pavlo Petrenko (All-Ukrainian Union Fatherland),Roman Vanzuriak (UDAR), Ruslan Zeliak (All-Ukrainian Union Svoboda) have registered draft Resolution of the Verkhovna Rada of Ukraine on calling special elections of Chernivtsi city mayor on June 2, 2013.
MPs Mykola Tomenko (All-Ukrainian Union Fatherland), Iryna Herashchenko, Valerii Karpuntsov, Rostyslav Pavlenko, Pavlo Rozenko (UDAR) have proposed to publish texts of all parliamentary inquiries on the website of the Verkhovna Rada. According to members of the All-Ukrainian Union Fatherland and the UDAR, this step will considerably decrease risks of lobbying of party and business interests by MPs.
MPs, which were elected in election districts of Kyiv, are trying to solve the problems of local self-government in the capital. In particular, members of the All-Ukrainian Union Fatherland Volodymyr Bondarenko, Andrii Pavlovskyi, and non-faction MP Serhii Mishchenko have submitted draft law on division of powers among Kyiv local self-government bodies and Kyiv city state administration. This initiative gives Kyiv city state administration only controlling functions, and deprives of its status of the City Council's executive body.
Economics, finance, and administration
Members of different factions have commonly drafted 8 bills which concern economic issues. Some of these projects regulate specific sectoral issues, and the other have wider context. For example, Vitalii Klychko, Viktor Chumak(UDAR), Arsenii Yatseniuk, Olesia Orobets (All-Ukrainian Union Fatherland), Oleh Tiahnybok, Mykhailo Holovko(All-Ukrainian Union Svoboda) have prepared draft Law of Ukraine on Public Procurement. The project provides that enterprises, which are created by the state and local self-government bodies, should promulgate information about all purchases without an exception, but not only those covered by the state budget. Non-faction Vice Speaker of the Verkhovna Rada Ruslan Koshulynskyi, and members of All-Ukrainian Union Svoboda Andrii Illienko and Yurii Mykhalchyshyn have proposed to allow the Verkhovna Rada of Autonomous Republic of Crimea and local councils the right to choose financial institution which will maintain local budgets. This initiative is called to solve everlasting problems during transactions of local self-government bodies by the State Treasury service.
Law-enforcement system and justice
Law-enforcement system and justice issues are concerned by four interfaction projects.
Leaders of opposition factions Arsenii Yatseniuk, Vitalii Klychko, and Oleh Tiahnybok have submitted draft Law of Ukraine on National Anti-Corruption Bureau. In particular, opposition representatives provide that the National Anti-Corruption Bureau will consider violations, committed by MPs of Ukraine, officials of state authorities and local self-government bodies. This special body is subordinate to the Verkhovna Rada of Ukraine, and its Head will be appointed by the parliament upon the submission of 150 MPs. In order to secure efficient activities of the future National Anti-Corruption Bureau, A. Yatseniuk, V. Klychko, and O. Tiahnybok have already developed the draft Law on Anti-corruption verification of officials at all levels. They proposed to give the Bureau right to verify official income of the President of Ukraine, the Chairman of the Verkhovna Rada, Prime Minister, Prosecutor General, Head of SBU and other officials for consistency with their factual expenses and financial assets. Besides that, opposition leaders have submitted for consideration of the parliament the appeal to the Prosecutor General of Ukraine regarding taking measured against hindering activities of MPs of Ukraine through unauthorized intrusion into services of mobile operators. In particular, they implied an incident when opposition MPs have received fake SMS regarding cancellation of their interfactional meeting on January 31, 2013.
At the same time, MPs Srhii Kivalov (the Party of Regions) and Roma Romaniuk (the UDAR) have initiated draft law on improvement of activities of the Higher Qualification Commission of Judges of Ukraine. This commission is determined as the main manager of budget costs on financing its activities and activities of the National School of Judges of Ukraine.
Social issues and guarantees
In February 2013, four interfactional projects regarding social issues and guarantees for a broad range of citizens were registered. For example, a non-faction MP Oleh Liashko and member of the Party of Regions Ivan Kurovskyi have proposed to impose a moratorium on liquidation or reorganization of healthcare institutions.
Artur Palatnyi (UDAR), Elbrus Tedeiev, Mykola Zhuk (Party of Regions), Oleksandr Prysazhniuk (CPU), Ihor Yankiv(All-Ukrainian Union Svoboda) have proposed to conduct parliamentary hearings in 2013 regaining improvement of health and recreation for children and youth.
Oksana Kaletnyk and Ihor Kalietnik have submitted a draft law on reducing the number of documents required for registration of state assistance for childbirth. They have proposed the following scheme: a parent should only submit an application. Then, bodies of Labor and Social Protection address by themselves directly to the other institutions for the data required for registration of the state aid.
Humanitarian issues
MPs of different factions have commonly drafted only two draft laws which refer humanitarian issues. MPs Andrii Derkach, Dmytro Shentsev, Hryhorii Smitiukh, Oleksandr Volkov, Artem Pshonka, Yevhen Muraiev (Party of Regions), and Oleksandr Holub (CPU) have prepared a draft Law on increasing budget support to secondary schools in rural areas. Instead, the All-Ukrainian Union Svoboda faction members Irynа Farion, Andrii Mishchenkо, and non-faction MP Ruslan Koshulynskyi, have commonly drafted a bill on cancellation of mandatory translation of answers to sentenced persons into language of appeal. According to MPs, the effective regulation may subject the administration of penal institutions to pressure by prisoners which speak Ukrainian but address complaints and statements in another language and demand translation of answers.
One interfactional project concerned introduction of holidays and memorable dates. Non-faction MPs Oleh Liashko and member of the UDAR faction Mariia Matios have proposed to honor the memory of Yevhen Malaniuk, particularly 45 year anniversary of his death, at the state level.