As of 20 September 2013

Transcription

1 As of 20 September 2013 Matrix of the progress achieved in the areas outlined in the Joint Statement of the XVI Ukraine-EU Summit of 25 February 2013 and FAC Council Conclusions of 10 December 2012 Key issues/areas 1. Fully implement the recommendations of the final report by the OSCE/ODIHR on the 28 October parliamentary elections, in an inclusive dialogue with the opposition, including by early steps to establish a reliable electoral system based on an Election Code and implement clear rules for balanced media access for electoral competitors. Address the shortcomings observed in the Implementation mechanism Decree of the President of Ukraine 127/2013 of Plan of Priority Measures on Integration of Ukraine to the EU for 2013 of Plan of Priority Measures on Improvement of Legislation on Conduct of Elections of On improvement of electoral legislation Progress so far The Working Group on improving electoral legislation is acting with a view to bringing electoral legislation in line with universal international democratic standards. In April the draft Law On Amendments to Particular Laws of Ukraine as regards Improvement of Law on Conduct of Elections was prepared, circulated among all parliamentary factions and made public on the web-site of the Ministry of Justice of Ukraine for consultations with the civil society. On 5 April the draft Law was sent to the Venice Commission, the OSCE and the EU Commissioner S.Fule for examination. On 25 April the expert consultations with participation of the representatives of the Verkhovna Rada of Ukraine, the Central Election Commission and international experts (the Venice Commission, the Council of Europe, the OSCE and the EU Delegation in Ukraine) were held in the premises of the Ministry of Justice. Following the consultations the additional amendments to the draft Law (concerning the optimization of financing of the electoral campaigns of the people s deputies) were prepared. During these consultations the vision for future complex update of the electoral legislation was presented. On 23 May additional proposals were sent to the Venice Commission, the OSCE and the EU Commissioner S.Fule for examination. On 23 May at the Subcommittee 6 Justice, Liberty and Security of the Ukraine-EU Cooperation Committee the European Commission handed over its preliminary comments, which were answered by the Ministry of Justice on 24 May. On 14 June at the plenary session the Venice Commission approved the Joint Opinion of the Venice Commission/the OSCE on the draft Law. However, some recommendations of the Venice Commission of political nature (like, residential and non-conviction qualifications) require public debate, including with the representatives of all political forces as well as amending the Constitution of Ukraine.

2 2 Parliamentary elections, including related to the impossibility to establish results in five single mandate constituencies On 27 June the draft Law was put on the website of the Ministry of Justice of Ukraine for public discussion. On 1 July the draft Law was sent again to the Venice Commission, the OSCE and the EU Commissioner S.Fule for examination. On 3 July the draft Law was sent to the heads of deputy factions in the Verkhovna Rada of Ukraine for submitting proposals. However, according to the Ministry of Justice a number of recommendations is of controversial nature and demands further elaboration taking into account international practices, in particular: 1) On amending the Constitution of Ukraine (on the census of residence and absence of conviction). However, the legislation of many European countries prevents convicted persons from being elected to the Parliament, like Latvia or Denmark. A number of European countries have the census of residence, for example the Constitution of Norway envisages 10 years of residence. 2) Those, which require additional studying of the public opinion, positions of political parties and the civil society, like the Election Code, introduction of budgetary financing of political parties, participation of foreigners, foreign media in election campaign as well as the electoral system. On election threshold the electoral legislation of many EU countries, like Belgium, Latvia, Lithuania, Poland, Romania, the Slovak Republic, Hungary, Germany, Croatia, the Czech Republic envisages 5% requirement. On 20 June the Delegation of the EU to Ukraine and the Embassy of the US to Ukraine together with the Venice Commission and the OSCE with participation of the chiefs of the executive authorities, the parliamentarians, the representatives of opposition and the civil society held a Round Table on the reform of electoral legislation to discuss further steps towards improving electoral legislation. The joint opinion of the Venice Commission/ODIHR on the draft laws on amending the laws on improving the legislation on the conduct of elections and on the conduct of re-elections in five single-mandate districts as well as the opinion of the Venice Commission on the Law of Ukraine On pan-ukrainian referendum were presented. On 13 August the Round Table was held with a view to discussing the recommendations of the Venice Commission and the OSCE/ODIHR regarding amendments to the Constitution of Ukraine on the issue of the census of residence, absence of conviction and right of foreigners to participate in pre-election campaign.

3 3 On 1-4 October there will be a Round Table on the issues relating to the election threshold reduction, the participation of the political parties blocs in the electoral process, the transfer of powers from the Central Election Commission to register candidates for MP of Ukraine in single-member constituencies and their representatives to the district election commissions, the criteria for the single-mandate districts formation, the temporary changes in the voters voting place without changing the voting address, the participation of foreigners in election campaigning and other will be discussed. On November there will be a Round Table, devoted to discussing the Venice Commission and the OSCE/ODIHR recommendations on the financing of political parties and election campaigns, and the possibility of their implementation into the national legislation. On Election Code Elaboration of the Election Code is the final goal of the reform of electoral legislation following improvement and unification of all laws on elections. Such work is timeconsuming and requires wide consensus among Ukrainian political elites. In the Verkhovna Rada of Ukraine two draft Election Codes were introduced to the Parliament in March 2009 (reg. 4234) and in March 2010 (reg ) but were revoked due to end of the VI vocation of the Verkhovna Rada of Ukraine. There is no single unified practice of adoption of the election codes in Europe. Such codes exist in Albania, Armenia, Azerbaijan, Belarus, Belgium, Bulgaria, France, Georgia, Moldova, Macedonia and Poland. The wide dialogue has been launched in Ukraine on further comprehensive improvement of electoral legislation. On 11 September there was the Round Table on the recommendations of the Venice Commission and the OSCE/ODIHR on further codification of electoral legislation in Ukraine. On balanced media access for electoral competitors The steps are taken with a view to strengthening independence of the mass media, ensuring respect for the principle of political pluralism, including envisaging of the relevant provisions in the draft Law On Amendments to Particular Laws of Ukraine as regards Improvement of Law on Conduct of Elections. On 4 July the Verkhovna Rada of Ukraine adopted the Law of Ukraine On Amendments to the Particular Laws of Ukraine on Ensuring Transparency of Ownership as regards

4 4 to the Media, aimed at preventing from monopolization of the mass media and their usage as the leverages for manipulation of social consciousness. On 30 July this Law was submitted to the Council of Europe and the European Commission for examination. On 3 July the Verkhovna Rada of Ukraine adopted in first reading the draft Law of Ukraine On Public TV and Radio Broadcasting of Ukraine, which envisages the establishment of the National Public TV and Radio Broadcasting of Ukraine as well as amendments to the laws of Ukraine On Elections of the President of Ukraine, On Elections of the People s Deputies, On Rules of Media Coverage of the Activities of the State Authorities and Local Self-Government Authorities in Ukraine. On 19 September the draft Law On Public TV and Radio Broadcasting of Ukraine was sent for reconsideration for the second reading. The draft Law was discussed at the seminar Future of public broadcasting in Ukraine, which was held on 25 April 2013 in the framework of the joint project of the EU and the Council of Europe, as well as during the meetings of Civil Society Board at the State Committee on TV and Radio Broadcasting. The draft law On Reform of Public and Communal Printed Media was adopted in first reading on 19 September. Moreover, on 1 April the Ministry of Interior made the presentation of the aide-memoire Interaction of the Police Officer with Media, which contained the recommendations on cooperation of the law enforcement agencies with the mass media, explanation of the rights and duties of the sides with a view to preventing possible misunderstandings between police officers and journalists as well as strengthening civil control. There will be special trainings on interaction with the mass media in every region. The gradual introduction of the lessons on communication with media and public is foreseen for the students of the National Academy of the Interior. On inconclusive results of elections in some single-mandate constituencies On 6 November 2012 the Verkhovna Rada of Ukraine: - established the temporary investigation commission on the circumstances of establishing results of the elections of the people s deputies in some single-mandate constituencies related to mixed public and political assessments of establishment of results of the elections in these constituencies (decree of the VRU 5466); - recommended to the Central Election Commission to schedule the re-elections of the people s deputies in the single-mandate electoral constituencies 94, 132, 194,

5 5 197 and 223 and ensure their conduct" (decree of the VRU 5472). On 4 February the draft Decree of the Verkhovna Rada of Ukraine On establishment of the results of elections to the VRU on 28 October 2012 in the single-mandate constituencies 94, 132, 194, 197 and 223 ( 2166, initiated by the people s deputies A.Yatsenyuk, V.Klitchko, O.Tyahnybok) was registered. On 21 March the Verkhovna Rada established the temporary investigation commission on investigation of the facts of revision of the will of the Ukrainian people on the parliamentary elections in 2012 (decree of the VRU 154), which presented its findings on 5 June. On 23 April the Constitutional Court of Ukraine rejected to launch constitutional proceedings based on lack of jurisdiction on the case of the constitutional claim by 54 people s deputies concerning interpretation of a number of provisions on establishment of results in some single-mandate districts. In April the draft Law of Ukraine On Re-Elections of People s Deputies of Ukraine to the Verkhovna Rada of Ukraine of VII convocation in some single-mandate districts due to impossibility of authentic determination of the results of voting and results of elections of people s deputies dated 28 October 2012 was prepared, circulated among all parliamentary factions and made public on the web-site of the Ministry of Justice for consultations with the civil society. On 5 April the draft Law was sent to the Venice Commission, the OSCE and the EU Commissioner S.Fule for examination. On 25 April the expert consultations with participation of the representatives of the Verkhovna Rada of Ukraine, the Central Election Commission and international experts (the Venice Commission, the Council of Europe, the OSCE and the EU Delegation in Ukraine) were held in the premises of the Ministry of Justice. On 13 May the Government of Ukraine introduced the draft Law to the Verkhovna Rada (reg. 2971). On 13 June the draft Joint Opinion of the Venice Commission and the OSCE concerning the draft Law was considered at the Council for democratic elections and on 14 June it was considered at the plenary meeting of the Venice Commission. Apart from it, there are two alternative draft laws, which were registered in the Verkhovna Rada of Ukraine: - the draft law reg of , initiated by the group of the people s deputies, led by P.Poroshenko; - the draft law reg d of , initiated by the group of the people s

6 6 deputies, led by D.Zhvaniya. On 16 May the Committee on State Building and Local Self-Government of the Verkhovna Rada established a working group with a view to drafting a consolidated draft law on reelections. On 4 July the draft laws were included in the agenda of the plenary session of the Verkhovna Rada of Ukraine. On 5 September the Verkhovna Rada of Ukraine adopted the Law on conducting the reelections in five single-mandate election districts on 15 December On ad hoc investigation commission of the Verkhovna Rada of Ukraine On 21 March the ad hoc investigation commission of the VRU on investigation of the facts of revision of the will of the Ukrainian people on the parliamentary elections in 2012 was established. On 5 June in accordance with the Rules of Procedure of the VRU the competence of the commission was stopped due to expiry of its term (during 2 months from the date of its establishment) and absence of official reports on the results of its work. On 5 June unofficial report was published in media. On local elections On March the Verkhovna Rada approved a number of decisions on early local elections, which took place on 2 June. On 21 March the Verkhovna Rada approved in first reading the draft Decision on appointment of the elections of the deputies of the Kyiv local council and Kyiv mayor, initiated by the people s deputies V.Klitchko, V.Kovalchuk and V.Karpuntsov (reg. 1030).The Committee of the State Building and Local Self-Government of the Verkhovna Rada was instructed to improve the draft and submit it to the Parliament for second reading (decision 152). On 29 May the Constitutional Court of Ukraine following the consideration of the constitutional claim by 48 deputies decided that conduct of all regular local elections of the local councils and local mayors, which had been elected in regular and early elections, should take place simultaneously throughout Ukraine on the last Sunday of October of the fifth year of the term of the councils or mayors elected at the regular elections on 31 October 2010, i.e.

7 7 on the last Sunday of October Based on this decision the Verkhovna Rada of Ukraine is to adopt the decision on type and terms of elections of Kyiv mayor and deputies of Kyiv local council. On revoking the parliamentary mandates of P.Baloga and O.Dombrovskiy On 8 February the High Administrative Court: - acknowledged that the establishment of the results of the voting in the single-mandate constituencies 11 (Vinnytska oblast) and 71 (Zakarpatska oblast) is impossible (decree P/800/99/13); - revoked the mandates of the people s deputies P.Baloga and O.Dombrovskiy based on the impossibility to establish the results of the voting and necessity to conduct reelections in the mentioned single-mandate constituencies. On 14 February 61 people s deputies submitted the claim to the Constitutional Court of Ukraine against the decision of the High Administrative Court. On 24 April the Constitutional Court of Ukraine rejected to launch constitutional proceedings on this claim. On 11 June the Administrative Court of Kyiv prescribed the Speaker of the Verkhovna Rada of Ukraine to cancel the mandates of P.Baloga and O.Dombrovsky. On 3 July the mandates of P.Baloga and O.Dombrovsky were annulated. 2. Address the cases of politically motivated convictions, in Decree of the President of Ukraine 127/2013 of On revoking the parliamentary mandates of A.Verevskiy and S.Vlasenko In March 2013 the High Administrative Court decided to revoke the parliamentary mandates of A.Verevsky (5 March) and S.Vlasenko (6 March) based on failure to meet the requirements of the Constitution of Ukraine (p.4 of the Art. 81) on incompatibility of the parliamentary mandate with other activities. According to the decision of the Constitutional Court of 13 May 1997 (on incompatibility of the parliamentarian mandate) the court s decision on this issue is final and is not the subject for additional confirmation by the Verkhovna Rada of Ukraine. On particular sensitive cases Ukraine is constantly supporting the Mission of the European Parliament led by former President of Poland A.Kwasniewsky and former President of the European Parliament P.Cox. Ukrainian side is open for further explanation of the situation about sensitive cases.

8 consultation with the mission Presidents Cox and Kwaśniewski, ensure the early implementation of all judgments of the European Court of Human Rights and implement the recommendations of the Council of Europe related to detention conditions and medical assistance to persons in detention Plan of Priority Measures on Integration of Ukraine to the EU for 2013 of On 18 April the European Parliament approved the decision to prolong the mandate of the Monitoring Mission and to hear the regular report on its activities in September. In there were 20 visits of the Mission to Ukraine. The last visit took place on 2-3 September. In the context of consideration of some sensitive cases: - On 14 August 2012 the Appeal Court of Kyiv set former Acting Minister of Defence V.Ivaschenko free from main sentence; - On 7 April the President of Ukraine signed the Act of Oblivion for six prisoners, including former Minister of Interior Y.Lutsenko and former Minister of Environment G.Filipchuk (Decree 197). On implementation of the judgments of the ECHR The judgments of the ECHR are implemented in line with the Law of Ukraine On implementation of the judgments and application of the practice of the ECHR and the requirements of the Council of Europe. On 5 June 2012 the Parliament of Ukraine adopted the Law On guarantees of the State concerning the execution of court decisions. On 26 February the Cabinet of Ministers of Ukraine submitted to the Parliament of Ukraine the draft Law On Amendments to the Particular Laws of Ukraine on implementation of court judgments (reg. 2399) drafted with a view to ensuring full implementation of the commitments of Ukraine deriving from the case Yuriy Nikolayevich Ivanov vs. Ukraine. This draft law was presented at the meetings of the Committee of the Ministers of the Council of Europe on 4-6 December 2012 and 4-6 March This Law was adopted on 19 September. As of 7 August 2013 the ECHR approved 931 judgments, where in 633 cases the Court identified lack of proofs of all/some violations of the Convention for the Protection of Human Rights and/or recognized the relevant claims of applicants as partially inadmissible. There were 121 friendly settlements and 92 unilateral declarations. On annual basis the necessary costs for reimbursements for the judgments of the ECHR are envisaged in the State Budget of Ukraine. As of 7 August Ukraine paid approximately 39,4 mln. hryvnas. The current debt is about 12,8 mln. hryvnas. On decisions of the ECHR on Y.Tymoshenko and Y.Lutsenko

9 9 The decisions of the ECHR: - in the case Lutsenko vs. Ukraine (of 3 July 2012) became final on 19 November in the case Tymoshenko vs. Ukraine (of 30 April 2013) became final on 31 July In the framework of these decisions: - the Government of Ukraine paid in full (17 January 2013) the compensation adjudged for Mr. Lutsenko following the ECHR decision in Lutsenko vs. Ukraine case; in the case of Y.Tymoshenko the compensation was not requested and was not adjudged; - The European Court didn t identify the arrests of both applicants as political persecutions; - As the applicants were convicted on the basis of the court s decision, which entered into force, at the moment of adoption of the ECHR decisions, the issue of their release can t be the subject for consideration; Entry into force of the Article 5 of the Convention, in the part of keeping under arrest, starts from the moment of arrest of the person and lasts till the decision of the court of the first instance and do not cover the convicted persons. - The court decisions in the cases of the applicants were not the subject for consideration of the ECHR. The violations of the rights of the applicants based on the arrest do not foresee review of the relevant decisions of the national courts. Following these decisions Ukraine is committed to take actions to avoid any similar violations in the future. New Criminal Procedure Code envisages qualitatively new procedure of choosing preventive measure in the form of arrest, its appeal, change, review and prolongation of duration of such arrest, which is in line with requirements of the Convention and the ECHR practice. Therefore, according to the Ministry of Justice of Ukraine, Ukraine fulfilled the decision on the cases of Y.Tymoshenko and Y.Lutsenko. NB! The ECHR did not identify the political motives in the case of Y.Tymoshenko. The Court decided that there were no proofs of Ms Tymoshenko s alleged ill-treatment during her transfer to hospital on 20 April 2012 and the effectiveness of the investigation of those complaints, as well as improper medical treatment. Since April 2012, Y.Tymoshenko has been provided with medical treatment in the Central hospital Ukrzaliznitsya (Kharkiv) under the

10 10 guidance of German and Ukrainian doctors. The conditions of medical treatment were recognized as satisfactory. During last visit of the representatives of the German clinic Charite (9-10 June 2013), it was noted that the state of health of Y.Tymoshenko had not deteriorated and it was recommended to continue rehabilitation measures. 3. Ensure effective implementation of the Criminal Procedure Code, the legislation on the Bar, and the National Preventive Mechanism against torture; and ensure the early establishment of the related mechanisms. Decree of the President of Ukraine 127/2013 of Plan of Priority Measures on Integration of Ukraine to the EU for 2013 of On the detention conditions and medical treatment On 8 November 2012 the President of Ukraine approved the Concept of the State Policy in the Sphere of Reform of the State Penitentiary Service of Ukraine (Decree 631), which provides for improvement of conditions and establishing system of medical care of proper quality for prisoners and persons detained. On 21 November 2012 the Government of Ukraine approved the Procedure of providing emergency medical care to detained or imprisoned persons (Decree 1122). On 29 April the Government of Ukraine approved the State Target Program on the Reform of State Penitentiary Service of Ukraine for (Decree 345). On 5 September the Verkhovna Rada of Ukraine adopted the draft Law on amendments to the Criminal Executive Code of Ukraine as regards the procedure and conditions of serving the sentence ( 1131). On implementation of the Criminal Procedure Code On 5 July 2012 the President of Ukraine instructed to take urgent measures to adopt the Criminal Procedure Code (1-1/1795). On 19 November 2012 the Government adopted the Instruction On implementation of certain provisions of the Criminal Procedure Code (1104). On 16 May the Verkhovna Rada of Ukraine adopted the Law On amendments to particular legislative acts of Ukraine as regards the harmonization of legislation in line with the Criminal Procedure Code of Ukraine» ( 245-VII). The State Budget of Ukraine for 2013 foresees around 50 mln. euros for implementation of the Criminal Procedure Code. The CPC extended the list of measures, which were alternative to detention, by introduction of home arrest, improvement of use of such preventive measure as bail, application of electronic means of control. Since the beginning of 2013: - There has been 57% decrease in number of detained persons (to 3700 persons); - There have been 895 cases of house arrest;

11 11 - There have been 6272 cases of personal commitment, 128 cases of personal guarantee and 245 cases of bail. There has been the substantial decrease by 18,2 % in number of persons put in the investigation isolation. On the prospects of establishment of the National Bureau of Investigation According to the Criminal Procedure Code its provisions on the National Bureau of Investigation enter into force not later than 5 years after entry into force of the Criminal Procedure Code (till 2017). The CPC defines that the investigation of the corruption crimes will be executed by two authorized authorities: - by the National Bureau of Investigation, which will be engaged in pre-trial investigation of the criminal offences, committed by the officials at the high level (1-3 categories, judges and the law enforcers) in accordance with the Law of Ukraine On Civil Service ; - by the bodies of internal affairs, which will be engaged in pre-trial investigation of the criminal offences, apart from those, which are covered by other institutions of pretrial investigation. Up to now, the investigation of such criminal offences is done by the prosecution. Since 12 March 2013 the Council of Europe project Support of the reform of the system of criminal justice in Ukraine has been implemented with a view to supporting the drafting of the laws on prosecution and on the National Bureau of Investigation (main partner of the project is the Administration of the President of Ukraine). June 27, 2013 non-paper on the implementation of the Criminal Procedure Code was submitted by Ukraine's Mission to the EU. According to the Criminal Procedure Code its provisions on the National Bureau of Investigation come into force not later than 5 years after entry into force of the Criminal Procedure Code (till 2017). The CPC defines that the investigation of the corruption crimes will be executed by two authorized authorities: - by the National Bureau of Investigation, which will be engaged in pre-trial investigation of the criminal offences, committed by the officials at the high level (1-3 categories, judges and the law enforcers) in accordance with the Law of Ukraine On Civil Service ;

12 12 - by the internal affairs bodies, which will be engaged in pre-trial investigation of the criminal offences, apart from those, which are covered by other institutions of pre-trial investigation. Up to now, the investigation of such criminal offences is carried out by the prosecution. On August 1, 2013 draft Law On the State Bureau of Investigation of Ukraine was submitted to Verkhovna Rada by MP A.Kozhemyakin. As of September 2, 2013 the draft of law is being processed by the Parliamentary Committees. Main responsible - Committee on Legislative Support of Law Enforcement. On further reform of the criminal legislation The Ukrainian side is implementing the reform of the criminal legislation. A number of the laws, aimed at improving the anti-corruption legislation and reform of some criminal institutions, are adopted. In particular, the amendments were approved with a view to promoting humanization of responsibility for crimes in the field of economic activities, in the framework of improvement of the activities of prosecution as well as fight against corruption. On 5 September the Verkhovna Rada of Ukraine adopted the draft Law On Amendments to the Criminal-Executive Code of Ukraine regarding the rules and conditions of serving the sentence (reg of 12 December 2012). There is lack of consensus among the political forces on the issue of decriminalization of the corruption crimes of the officials. The amendments to the articles 364, 365 of the Criminal Code of Ukraine were considered two times (in 2012 and in January 2013) in the Verkhovna Rada of Ukraine, but failed to gain support. However, the commitment to criminalize these actions is envisaged by the Article 19 of the UN Convention against Corruption. During legal expertise in February 2002 the Legal Department of the Council of Europe has not made any recommendations concerning these articles. In accordance with legislation of some European countries the misuse of power is considered a criminal offence, which is proved by the study of the Venice Commission of 29 November 2012 Differentiation of political and criminal responsibility. Provisions of the national legislation in the field of misuse of power. Similar articles are included in the legislation of Austria, Croatia, Lithuania, Poland etc.

13 13 On the National Preventive Mechanism against Tortures According to the Law of Ukraine On amendments to the Law of Ukraine On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights the functions of the national preventive mechanism are handed over to the Ombudsman, which has the right to visit the detention places. The Directorate on implementation of the national preventive mechanism is established in the Secretariat of the Ombudsman. The list of the detention places is completed. The Expert Council on the implementation of the national preventive mechanism under representative of Ombudsman on the implementation of the national preventive mechanism was established. It is comprised of the experts of non-governmental organizations as well as of representatives of the missions of international organisations in Ukraine. Three meetings of the Expert Council took place in 2013 (25.01.; ; ). On 4 April the Expert Council approved the plan of joint actions on implementation of the national preventive mechanism in coordination with public society for The rules for involvement of the civil society activists into the monitoring visits were approved, including the list of civil observers, which were trained and could be recommended for participation in the visits. Since the beginning of 2013 there have been more than 150 monitoring visits to the detention places, followed by more than 100 recommendations to the penitentiary institutions. On 25 June the report of the Ombudsman of Ukraine Monitoring of the detention places in Ukraine: state of implementation of the National Preventive Mechanism for 2012 was presented. It demonstrated the first results of implementation of the National Preventive Mechanism. On implementation of the legislation on the Bar The Law of Ukraine on the Bar, approved on 5 July 2012, reformed the principles of the bar in Ukraine, in particular improved the rules for admission to the profession, determined the types and guarantees of the bar, the system of the bar self-governance, envisaged the introduction of the Single Register of the Advocates and transparent procedures of disciplinary responsibility as well as settled the issues of participation of foreign advocates. The National Bar Association of Ukraine was established with a view to strengthening the role of bar self-government. It was transformed from the civil organization in non-public self-

14 4. In the context of taking additional steps on judiciary reform, undertake a comprehensive review and submit legal proposals, in close consultation with the Council of Europe, on the law of the functioning of the Prosecutor s Office; the Criminal Code; Decree of the President of Ukraine 127/2013 of Plan of Priority Measures on Integration of Ukraine to the EU for 2013 of governing institute, which is independent from the state authorities and local selfgovernment. The Rules of Ethics of the Bar (17 November 2012) were approved, which envisaged the obligation of the lawyers to commit themselves to the Code of Ethics of the European Advocates in their activity on the territory of EU Member States. On 22 August 2012 the Government approved the plan of legislative activities related to implementation of this Law. According to the Law of Ukraine On Free Legal Aid, the institute of the free legal aid was established. Since 1 January 2013 the advocates have provided for free secondary legal aid through the special centers for legal aid. The Ministry of Justice established 27 centers of free legal aid in all the regions of Ukraine advocates passed the competition and were included in the relevant Register of the Advocates. On 13 February the Government approved the State Program for Establishment of the System of Free Legal Aid in In 2013 (if compared to 2012) the financial expenditure for free legal aid was increased in 16 times. In the framework of the project of the Council of Europe Support for the reform of criminal justice in Ukraine the work is going on establishment of the network of advocates-trainers. On 10 June the joint pilot project of the Ukrainian Helsinki Group for Human Rights and the Ukrainian Foundation of Legal Aid was launched with a view to developing the standards for quality of free legal aid in criminal trial. On 6 February the informal Ukraine EU dialogue on the reform of justice was launched in Kyiv. Next round is expected to take place in the format of the videoconference on 17 September. On the reform of judiciary In Ukraine a number of legislative acts, aimed at improving the judiciary system and justice, was adopted. Further improvement of this system, including the rules of selection of judges, age and experience qualifications, term of first appointment to the post, the role of the High Council of Justice and rules of its formation, requires the amendments to the Constitution of Ukraine. On 22 February the Commission on the Justice of the Constitutional Assembly adopted in first reading the draft Law on amendments to the Constitution of Ukraine on improvement of the judiciary and the principles of justice in Ukraine (based on the international standards, including the conclusions of the Venice Commission). On 29 March the draft Law of

15 15 the role of the High Council of Justice, as well as the law on the Judicial System and the Status of Judges Ukraine On Amending the Constitution of Ukraine on Strengthening the Independence of Judges was submitted to the Venice Commission for examination. On 14 June at the plenary meeting the Venice Commission approved its positive opinion on this draft Law. On 4 July the draft Law was submitted by the President of Ukraine to the Verkhovna Rada of Ukraine as the priority law. On 5 September this Law was adopted and submitted for consideration of the Constitutional Court of Ukraine. The Ministry of Justice of Ukraine is drafting the implementing draft law with a view to submitting it till the end of September. On reform of the prosecution On 22 November 2011 the President of Ukraine established the Working Group on reform of the prosecution and the bar (Decision 362). The years were marked with adoption of the Criminal Procedure Code and the laws, which envisaged the optimization and reduction of competences of the prosecution. In particular, the Criminal Procedure Code stripped the prosecution from the function of independent pre-trial investigation (these provisions entered into force after establishment of the National Bureau of Investigation but not later than 5 years after entry into force of the CPC, i.e. till 2017). On 18 September 2012 the Verkhovna Rada adopted the Law on amending the particular laws concerning improvement of the activities of prosecution, which changed the approaches to conduct of checks on supervision of respect and implementation of the laws (reg.5288). On 28 November 2012 the Pan-Ukrainian Conference of the prosecutors approved the Code of Professional Ethics and Behaviour of the General Prosecution Officers of Ukraine. On 12 March the project of the Council of Europe Support for the Reform of the System of Criminal Justice in Ukraine, financed by the Government of Denmark, was launched to support the drafting of the laws On Prosecution and On the National Bureau of Investigations. On March in Strasbourg the Ukraine-CoE High Level consultations on the reform of prosecution in Ukraine were conducted. On 9 April the working group on preparation the draft Law On the Prosecutor s Office was established. On 15 April the Council of Europe handed over to Ukrainian side The Principles for the Role of Institutional Set-up of the Prosecution Office and Status of Prosecutors of Ukraine,

16 5. Prepare and submit legal proposals on a reform of the Police 6. In the context of an overall constitutional reform in line with international standards, bring forward work of the Constitutional Assembly, in close consultation with the Council of Decree of the President of Ukraine 127/2013 of Decree of the President of Ukraine 127/2013 of Plan of Priority Measures on Integration of Ukraine to the EU for 2013 of which are based on the principles of the Council of Europe and EU Member States. On 6 August the draft Law of Ukraine On Prosecution was submitted to the Venice Commission for examination. On 6 April 2012 the President of Ukraine established an advisory Committee on Law Enforcement Agencies Reform (Decree 252), which is expected to prepare proposals on improvement and optimization of law enforcement agencies system of Ukraine, their structure and quantity, organization of activity, removing duplication of powers, clear identification of their competence. In main efforts have been focused on restructuring the Ministry of Interior, including its central office and regional departments, divisions of the State Guard Service, regulation of the authorities of the State Migratory Service, gradual increase of civil posts in auxiliary divisions of the Ministry of Interior. In modern European models of such ministries the police is one of the parts of the system of the relevant institution along with migratory, border services, etc. On 24 December 2012 the President of Ukraine instructed that the activities of the State Border Guard Service would be coordinated by the Government through the Minister of Interior (Decree 726). On 5 April the Ministry of Interior established the coordination group on reform of the system of interior and the working group on the draft Concept (instruction 342). According to the Presidential Decree 127/2013 the draft laws on reforming the system of law enforcement agencies are to be finalized by 1 October taking into account the European standards. Currently the draft Concept of Reform of the Law Enforcement Agencies and the draft Law of Ukraine On institutions of interior are being prepared. On 5 November 2010 the President of Ukraine established the Commission on Strengthening Democracy and the Rule of Law as a consultative auxiliary body to draft the proposals for bringing the Constitution of Ukraine in compliance with European standards and values (Decree 1015). With a view to ensuring openness and democratic nature of the constitutional reform and based on the conclusions of the Venice Commission on 17 May 2012 the President of Ukraine established the Constitutional Assembly as a special auxiliary body to draft the proposals on improvement of political system and amending the Constitution (Decree 328). Three sessions of the Constitutional Assembly were held in 2012 (22 June; 21 September; 6 December 2012).

17 17 Europe/Venice Commission, in a transparent manner and seeking inclusiveness To ensure national consensus on the key aspects of the constitutional reform the conditions were established for participation of the representatives of the opposition forces and international experts in the activity of the Constitutional Assembly. On 5 February and 21 March the state of play in the constitutional reform in Ukraine was discussed at the meetings between the leaders of the Coordination Bureau of the Constitutional Assembly and the Venice Commission. On 13 March the third session on the subject of improvement of people s power in the process of modern constitutional modernization in Ukraine in the framework of the standing seminar Modern constitutional process in Ukraine: theory and practice was conducted with participation of the leading experts in the field of constitutional law and the representatives of civil society. The Commissions of the Constitutional Assembly are entitled with preparation of the proposals to particular chapters of the draft Concept. In 2013 there were 2 meetings of the Commission on constitutional building and procedures of amending the Constitution of Ukraine (15.02., ), 3 meetings of the Commission on human rights, freedoms and duties of citizens (12.02., , ), 2 meetings of the Commission on the people s power (12.02., ), 2 meetings of the Commission on the state power building (15.02., ), 3 meetings of the Commission on the justice (17.01., , ), 1 meeting of the Commission on law enforcement activities (01.03.), 1 meeting of the Commission on administrative and territorial building and local self-government ( ). On 23 April the Coordination Bureau of Constitutional Assembly established the working group on the drafting a concept of amending the Constitution of Ukraine with a view to optimization and systematization of the proposals of the commissions (decision 14). On 15 May the Commission 1 the justice of the Constitutional Assembly approved the chapter Judiciary of the draft Concept of amending the Constitution of Ukraine and submitted it to the coordination Bureau for further consideration. On 15 June at the plenary meeting the Venice Commission approved the positive opinion on the draft Law on the amendments to the Constitution of Ukraine on strengthening the guarantees of independence of judges. On 21 June at its plenary meeting the Constitutional Assembly approved in general the draft Concept of amending the Constitution of Ukraine and sent it for further elaboration with a view to considering it at its next plenary meeting in September. On 5 July the standing methodology seminar Modern Constitutional process in Ukraine:

18 18 theory and practice was held with main topic Draft Concept of Amending the Constitution of Ukraine: issues for improvement. 7. Identify and initiate the necessary reforms to prepare for the Decree of the President of Ukraine 127/2013 of On improvement of legislation on referendum Ukrainian side is continuing improvement of the legislation on referendum. The Government submitted to the Verkhovna Rada of Ukraine the following draft laws: - On local referendum (reg of ), which had been adopted in first reading on 19 April 2011; - On Amendments to Particular Laws of Ukraine with a view to bringing them in compliance with the Law of Ukraine On pan-ukrainian Referendum (reg of ). On 20 June at the Roundtable on electoral legislation the Joint Opinion of the Venice commission and the OSCE (of 14 June) on the law of Ukraine on pan-ukrainian referendum was presented. This Law has been adopted in line with the Constitution of Ukraine and decisions of the Constitutional Court of Ukraine. According to the Constitution of Ukraine and the decisions of the Constitutional Court: - the people are the only source of power in Ukraine and they can use this power directly and through the state authorities and local self-government. The right to define and change the constitutional order is owned by the people and can t be taken by the state, its institutions or state officials; - the people can implement their right to define and change the constitutional order through pan-ukrainian referendum by adoption of the Constitution of Ukraine in the order, which is defined in the Constitution and the laws; - the results of the referendum or the elections are obligatory and final. The European countries have the practice of adoption of the Constitution of Ukraine or amending it through national referendum (Constitutions of Estonia and Lithuania were adopted by the national referenda. According to the Constitutions of Ireland and the Swiss Confederation, all amendments are approved by referendum). On 22 April and 7 May video-conferences took place at which the Sides agreed the text of the article concerning provisional application of separate provisions of Ukraine EU Association Agreement. With a view of ensuring preparation to the establishment of the Free Trade Area following is

19 establishment of a Deep and Comprehensive Free Trade Area (DCFTA) with the EU Plan of Priority Measures on Integration of Ukraine to the EU for 2013 of being implemented: 19 - Progressive plan of approximation of the legislation of Ukraine to the legislation of the EU (approved on 15 February 2013 by the Coordination Council on approximation of legislation); - Plan of measures on implementation in 2013 of the Nationwide programme of approximation of legislation (instruction of the Government of 25 March 2013 # 157); - Plan of measures on public coverage of main parameters and advantages of the future Ukraine EU Free Trade Area for 2013 (approved on 3 April 2013); - respective provisions of Ukraine EU Association Agenda. Taking into consideration the initialing of the Association Agreement including respective chapters on establishment of the Free Trade Area, Ukrainian and European Sides prepared proposals on the amendment of the Association Agenda which were endorsed on 24 June at a joint meeting of Ukraine EU Cooperation Council. On 21 May an international conference titled Deep and Comprehensive Free Trade Area between Ukraine and the EU: main aspects and advantages. Reforming the system of technical regulation was held in Kyiv. With the support of European experts the following is being prepared: - proposals on establishment of the national system of coordination of activity related to implementation of Ukraine EU Association Agreement; - draft Programme of implementation of this Agreement. Measures aimed at attracting EU assistance for the needs of implementation of the Association Agreement are being undertaken, consultations on aims, volumes and instruments of EU assistance in are being finalized. On 13 May the Government adopted the draft of Additional agreement #1 (by exchange of letters) between the Government of Ukraine and the European Union represented by the European Commission to the Agreement on financing the programme Facilitating mutual trade through removal of technical barriers in trade between Ukraine and the European Union of 21 December Within the Comprehensive Institution Building Programme it is expected to attract around 30 million euro in order to support implementation of the Association Agreement, in particular implementation of sanitary and phytosanitary measures, state aid control, improvement of state migration policy and implementation of the Association Agenda.

20 20 8. Improve legislation on the fight against corruption in line with GRECO's recommendations and Progress Reports on the implementation of the Action Plan on Visa Liberalisation Decree of the President of Ukraine 127/2013 of Plan of Priority Measures on Integration of Ukraine to the EU for 2013 of From 16 May till 4 June an EU expert mission visited Ukraine in order to evaluate institutional needs of the state bodies related to implementation of the future Association Agreement. Following results of its activity, proposals on projects for implementation of institution reform plan are being prepared. Consultations on a number of pressing trade-related issues took place on 11 June in Brussels. First round of the informal Ukraine-Eu high level dialogue on business climate was held on 25 July. On 4 March the Government approved the Action plan on conduct of institutional reform in the field of monitoring and control of state aid to the subjects of management (instruction 102). On 5 April the Government of Ukraine submitted to the Verkhovna Rada of Ukraine the draft laws: - On State Aid to the Subjects of Management (reg. 2749); - On Amendments to the Article 35 of the Budget Code of Ukraine (on state aid to the subjects of management) (reg. 2750). On 26 February 2010 the President of Ukraine established the National Anti-corruption Committee responsible for drafting proposals on implementation of single state policy in the area of preventing and fighting corruption, undertaking systemic analysis of the state of combating corruption in Ukraine and efficiency of implementation of an anti-corruption strategy and measures taken to prevent and fight corruption as well as ensuring consistency of actions of law-enforcement agencies in this area (Decree of 26 February 2010 # 275). Procedure of selection of the members of the Committee has been defined, in particular it includes representatives of civil society organizations while their quantity should equal to at least one fifth part of overall composition. National Security and Defence Council of Ukraine is preparing the meeting of the National Anti-corruption Committee. The Law of Ukraine On the basics of preventing and combating corruption entered into force on 1 July 2011 (Law of 7 April 2011 #3206-VI). On 21 October 2011 the President of Ukraine approved the National Anti-corruption Strategy for the years aimed at decreasing the level of corruption through elimination of preconditions for its appearance by means of implementation of preventive measures as well as strengthening of the regime of legitimacy (Decree # 1001). On 28 November 2011 the Government approved the State Programme on prevention and fighting corruption for (resolution # 1240).

21 21 On 22 April Ukrainian and European sides held a video-conference on improvement of anticorruption legislation. In April-May a number of laws aimed at settling relations in the area of fighting corruption were adopted, in particular: - On amending some legislative acts of Ukraine on bringing the national legislation in conformity with the standards of the Criminal Law Convention on Corruption (Law of 18 April 2013 # 221-VII); - On amending Criminal and Criminal Procedure Codes of Ukraine (regarding implementation of the Action Plan on liberalization by the EU of the visa regime for Ukraine) (Law of 18 April 2013 # 222-VII); - On amending some legislative acts of Ukraine on implementation of state anti-corruption policy (Law of 14 May 2013 # 224-VII); - On amending some legislative acts of Ukraine (on implementation of the Action Plan on liberalization by the EU of the visa regime for Ukraine regarding responsibility of legal persons) (Law of 23 May 2013 # 314). On 15 May the Parliament established a temporary investigation commission to investigate the facts of violations of legislation in public procurement, inefficient use of public funds and abuse of office on behalf of representatives of the Ministry of Health, enterprises, bodies and organizations in the area of healthcare and pharmaceuticals (Resolution of the VRU # 2690). On 20 May the Government agreed to publicize the Third additional report on implementation of Ukraine of recommendations of the Group of States against Corruption (GRECO), which was subsequently put on the web-site of the Ministry of Justice on 22 May. NB!: Since the beginning of criminal corruption violations have been investigated in Ukraine out of which 459 facts of bribery and abuse of power. 469 subjects have been drawn to responsibility for corruption, including 63 civil servants and 34 officials of local self-administration. Due to violation of the Law of Ukraine On the basics of preventing and combating corruption the courts fined 660 of corrupt officials including 50 civil servants, 121 local self-government officials and 153 members of village, town, city and district councils. On 27 August there was the video conference on new amendments to the anti-corruption legislation. On 11 September the Cabinet of Ministers of Ukraine approved the draft law on amending