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Weekly Update on the Verkhovna Rada of Ukraine

   
    ***
    Introduction
    
    This update highlights developments in the Ukrainian Parliament in the first week of the 9th plenary session that opened on February 7, 2006. This week the Verkhovna Rada worked in a plenary mode and passed a number of legislative decisions.
    
    CONTENTS
    
     Legislative Developments: Adopted Bills
    - Laws Passed with Presidential Proposals (1)
    - Resolutions that Passed (6)
    - Draft Laws that Passed as Laws (7)
    - Draft Laws that Passed in First Reading (2)
    
     Legislative Developments: Rejected Bills
    - Presidential Veto not Overridden (2)
    - Draft Laws that Failed to Pass in First Reading (5)
    - Draft Resolutions that Failed to Pass (2)
    
     Other Events
     Faction Composition
     Parliamentary Committee Numeric Strength (weekly changes)
     Legislative Activity Table
    
    
    Legislative Developments: Adopted Bills
    Draft Laws Passed with Presidential Proposals (New Version)
    
    Law on Amending Law of Ukraine on Scientific and Science Technological Activities
    #5152, MP Pynzenyk – 339 votes
    This law amends provisions that regulate pension support and social protection of scientists.
    
    Resolutions that Passed
    
    Resolution on Pre-Term Termination of Authority of National Deputy V. Yeshchenko
    #9044, MP Matveyev (Communist Party) – 314 votes
    This resolution terminates authority of national deputy Volodymyr Yeshchenko (Communist Party) in compliance with constitutional provisions. Volodymyr Yeshchenko passed away in January 2006.
    
    Resolution on the Agenda of the 9th Plenary Session of the 4th Verkhovna Rada
    #9040, MP Lytvyn (non-affiliated) – 228 votes
    This resolution approves the legislative agenda of the 9th plenary session, the last plenary session of the Verkhovna Rada of Ukraine of 4th convocation.
    
    Resolution on the Agenda of the Plenary Sitting of February 14, 2006
    #9058, MP Lytvyn (non-affiliated) – 315 votes
    This resolution approves the legislative agenda for the Government Day plenary sitting scheduled for February 14, 2006. It establishes that the following issues will be considered during this Government Day session:
    1. On Cabinet of Ministers’ activities to secure supply of natural gas and in the sphere of energy savings, and on implementation of the parliamentary resolution of January 19, 2006 on non-professional actions of government agencies in securing natural gas supply to Ukrainian consumers;
    2. On Cabinet of Ministers’ activities on implementation of agricultural legislation and on the preparation for spring season agricultural activities;
    In addition, the national deputies will consider an issue of creating a temporary special parliamentary commission to monitor implementation of the election legislation in this plenary session.
    
    Resolution on Government Day in March 2006
    #8528, MPs Moroz (Socialist Party), Loboda (Communist Party), Sukhyi (Regions of Ukraine), and Nadraha (People’s Party) – 364 votes
    This resolution establishes that at the Government Day session in March 2006 the parliament will consider the issue of tuberculosis in Ukraine and activities to prevent tuberculosis.
    
    Resolution on Government Day in March 2006
    #8643, MPs Samoylyk (Communist Party), and Safiullin (Regions of Ukraine) – 344 votes
    This resolution establishes that at the Government Day session scheduled for March 14, 2006, national deputies of Ukraine will consider the issue of government activities to organize children recreation in summer of 2005 and to prepare for children recreation in summer 2006.
    
    Resolution on Parliamentary Hearings
    #8269, MPs Petrov (non-affiliated), Ryabika (United Ukraine), Samoylyk, and Poliit (both – Communist Party) – 259 votes
    This resolution establishes that on March 15, 2006, a parliamentary hearing on housing construction for the youth will occur in the Parliament.
    
    Draft Laws that Passed as Laws
    
    Law on Holdings Companies
    #3355, Government – 228 votes
    The law establishes legal provisions regulating creation and activities of holdings companies in Ukraine.
    
    Law on Ratification of the Framework Agreement between Ukraine and the European Investments Bank
    #0307, President – 230 votes
    The framework agreement between Ukraine and the European Investments Bank establishes that the Bank may carry out banking activities in Ukraine, including provision of loans. In addition, the agreement grants the Bank the preferential status for carrying banking activities in Ukraine that is usually granted to international financial organizations.
    
    Law on Revoking Reservations by Ukraine to Geneva Conventions on Protection of War Victims
    #7647, MP Kyrylov (non-affiliated ) – 291 votes
    The law revokes reservations that were put by Ukraine to the August 12, 1949 Geneva Conventions and concern provisions regulating treatment of wounded as the result of sea accident, protection of civil population during wartime, and treatment of war prisoners.
    
    Law on Amending Law of Ukraine on the List of State Property Not Subject to Privatization (concerning the Open Joint Stock Company ‘Nikopol Steel Works’)
    #9041, MP Sadovyi (Socialist Party) – 287 votes
    The law establishes that state shares of the open joint stock company “Nikopol Steel Works” shall be included on the list of state property not subject to privatization.
    
    Law on Amending Acts of Ukraine (concerning elections)
    #9068, MPs Slauta (Regions of Ukraine), Klyuchkovskyi (Our Ukraine), and Orzhakhovskyi (Communist Party) – 361 votes
    The law amends the Law on Parliamentary Elections and the Law on Local Elections streamlining procedural provisions and remedying technical inconsistencies.
    
    Law on Amending the Criminal Code (concerning protection of intellectual property rights)
    #8068, Government – 227 votes
    The law establishes criminal liability for illegal reproduction and distribution of intellectual property in the sphere of science, literature, painting and other arts, information technologies, video and audio publishing. The criminal liability shall be applied if the damage by illegal actions described above is at least 20 times greater the amount of the minimum non-taxable personal income. In the previous text of the code, the criminal liability was applied to actions that inflicted damage in large and very large amounts (both terms are specifically interpreted by the code).
    
    Law on Ratification Protocol 12 and Protocol 14 to the Convention to Protect Human Rights and Basic Freedoms
    #0324, President – 237 votes
    Protocol 12 to the Convention to Protect Human Rights and Basic Freedoms concerns the protection of human rights in the spheres of elimination of all types of discrimination, equality of women and men, protection of national minority rights, and prevention of racism, xenophobia and anti-Semitism. Protocol 14 concerns the reforms of the European Court on Human Rights to make its work more efficient and impartial.
    
    Draft Laws that Passed in First Reading
    
    Draft Law on Amending Acts of Ukraine (concerning disciplinary responsibility of judges)
    #7460, MP Slabenko (Our Ukraine) – 289 votes
    The bill amends the Law on Judiciary and the Law on the High Council of Justice specifying individuals that are granted the right to appeal disciplinary decisions of qualification commissions of judges and the High Qualification Commission of Judges. Among these individuals are national deputies of Ukraine, the Ombudsperson of the Verkhovna Rada of Ukraine, the Head of the Supreme Court and heads o supreme special courts, the Minister of Justice, heads of respective judicial councils and members of the Judicial Council of Ukraine.
    
    Draft Law on the State Agency for Special Communications and Information Protection
    #9031, Government – 293 votes
    The bill establishes legal provisions regulating activities and operation of the State Agency for Special Communications and Information Protection of Ukraine.
    
    
    Legislative Developments: Rejected Bills
    
    Presidential Veto not Overridden
    
    Law on the Cabinet of Ministers
    #0893, MP Koliushko – 66 votes
    The law establishes legal provisions regulating the activities of the Cabinet of Ministers of Ukraine and its members. The law is a constitutionally required piece of legislation that had been vetoed more than once by former President of Ukraine Leonid Kuchma. The last veto was issued in December 2002. National deputies of Ukraine failed to override this veto and thus the bill is cancelled. The Parliament will consider the situation with this bill at an upcoming meeting of the Reconciliation Council of Deputy Groups and Factions.
    
    Law of Ukraine on the State Property Fund
    #7364, MP Moroz (Socialist Party) – 246 votes
    The law establishes legal provisions regulating the activities of the State Property Fund, a central executive body that deals with privatization and state property management issues.
    
    Draft Laws that Failed to Pass in First Reading
    
    Draft Law on the Passport of Citizen of Ukraine
    #7384, MP Onishchuk (Industrialists & Entrepreneurs Party) – 64 votes
    #7384-1, MP Hirnyk (Reforms & Order) – 98 votes
    #7384-2, MP Zarubinskyi (People’s Party) – 66 votes
    All three proposed bills establish legal provisions regulating issuance, terms of validity and replacement of a passport of citizen of Ukraine. The bills propose to establish unified internal and foreign passports for the Ukrainian citizens and transfer the authority to issue and manage passport issuance and replacement management activities from the Ministry of Internal Affairs to the Ministry of Justice.
    
    Draft Law on Endorsing the Decision of the President of Ukraine to Grant Access to Foreign Armed Force Units to the Territory of Ukraine for Participation in International Military Exercises in 2006
    #9015, President – 215 votes
    This bill endorses the decision of the President of Ukraine to grant access to units of foreign armed forces to the territory of Ukraine in 2006 to participate in international military training exercises.
    
    Draft Law on Endorsing the National Strategy of Information Society for 2006-2015
    #8617, MPs Martynyuk, Rodionov (both – Communist Party), and Yukhnovskyi (Industrialists & Entrepreneurs Party) - 147votes
    The bill establishes a national program for development of the information society in Ukraine and main stages for implementation of this program. It includes enumeration of measures necessary to achieve the goals set by the program and implementation control mechanisms.
    
    Draft Resolutions that Failed to Pass
    
    Draft Resolution on the Address of the Verkhovna Rada of Ukraine to Accelerate Concluding Agreements between Ukraine, the Russian Federation, the Republic of Belarus, and the Republic of Kazakhstan in Compliance with the Law of Ukraine of April 20, 2004 No. 1683-IV on Ratification of the Agreement to Establish the Common Economic Area
    #8432, Myronenko (Communist Party), Komar (Regions of Ukraine), and Rakhanskyi (Lytvyn’s People’s Bloc) – 212 votes
    The draft resolution calls to step up preparation of agreements between Ukraine, the Russian Federation, the Republic of Belarus, and the Republic of Kazakhstan in compliance with the Law of Ukraine of April 20, 2004 No. 1683-IV on Ratification of the Agreement to Establish the Common Economic Area. The resolution states that such agreements would facilitate development of foreign trade and export, and would improve living conditions of the Ukrainian people.
    
    Draft Resolution on the Address of the Verkhovna Rada of Ukraine concerning the Immediate Priority of Concluding International Agreements that are Related to the Positions of Ukraine, the Russian Federation, the Republic of Belarus, and the Republic of Kazakhstan to Non-Treaty Countries, in Order to Establish the Common Economic Area
    #8431, Myronenko (Communist Party), Komar (Regions of Ukraine), and Rakhanskyi (Lytvyn’s People’s Bloc) – 223 votes
    The draft resolution establishes a list of priority agreements to conclude that would facilitate establishment of the Common Economic Space as follows:
    - the Agreement on Common Rules to Determine Country of Origin for Goods from Non-Treaty Countries;
    - the Agreement on Customs Export Duties for Goods Supplied to Non-Treaty Countries;
    - the Agreement on Common Procedures for Export and Import Duties in Trade with Non-Treaty Countries;
    - the Agreement on Special Protection, Anti-Dumping and Compensation Measures to Non-Treaty Countries;
    - the Agreement on Common Transit Rules for Transit through Treaty Countries;
    - the Agreement to Create the Commission on Trade and Tariffs.
    
    Other Events
    
    February 10
    
    Meeting of CIS Inter-Parliamentary Assembly
    
    A meeting of the Council of the Parliamentary Assembly of the Commonwealth of Independent Countries’ member states was held in Kyiv. Participants of the meeting discussed the issue of the legislative support to prevention of technologic accidents and to provision of social protection for Chornobyl accident victims. As the result of the meeting, a resolution was passed. Participants also discussed political relations between member states.
    
    February 9
    
    Presidential Annual Address on the State of the Country
    
    President of Ukraine Viktor Yushchenko delivered his annual address on the state of the country in compliance with Article 85 of the Constitution of Ukraine. President Yushchenko assessed political and economic situation in Ukraine and outlined policy priorities in these areas. These priorities include the following:
    1. Establishing a modern public administration system. President Yushchenko specifically focused on continuation of the political and constitutional reform that just began with amending the Constitution of Ukraine in 2004. These amendments that were enacted on January 1, 2006 concern the central bodies of power, whereas the reforms are desperately needed at the local level as well;
    2. Establishing an intellectually oriented economics. President Yushchenko focused on developing human resources capital, raising professional qualifications, research and development of new technologies;
    3. Improving the quality of life for citizens of Ukraine, consolidating the society and restoring national spiritual values. Under this priority, President Yushchenko focused on lowering taxes, establishing a unified social tax, reforming the tax system, and forming a transparent cultural policy.
    President Yushchenko informed the national deputies of Ukraine that respective national programs are being developed by the executive agencies to support these policy priorities. Among these programs are the Program to reform judiciary and law-enforcement bodies, the Program to combat corruption and reform public administration bodies, the Program on national health, the Program on competitive education, the Program on revival of the rural areas, the Program on development of high technologies, and the Program on increasing energy efficiency of the economy and diversification of the energy supply sources. As a crosscutting priority he named the increased involvement of citizens and institutions of civil society in public administration.
    
    Focusing in greater detail on the political and constitutional reforms, President Yushchenko maintained that the reform process should achieve the following objectives:
    1. Involving citizens to public management institutions and processes;
    2. Improving oversight and responsibility of all branches of power before the Ukrainian people;
    3. Balancing authorities and functions between branches of power to achieve greater efficiency;
    4. Empowering local self government bodies;
    5. Combating corruption in state agencies, simplifying public services provision procedures, and increasing professionalism in civil service;
    To achieve these objectives, the President of Ukraine proposed to create a working group enlisting representatives of political forces, non-governmental organizations, local self government, and academia in order to develop a new edition of the Constitution of Ukraine. This new constitution, the President argued, should be proposed for consideration on the national referendum. In addition, the working group should develop constitutionally required framework laws on the Cabinet of Ministers, the President of Ukraine, and the Rules of Parliamentary Procedure.
    
    CEC Chair Informs Parliament on Elections Preparations
    
    Chair of the Central Election Commission Yaroslav Davydovych informed the national deputies of Ukraine about CEC activities to prepare and hold parliamentary and local elections in March 2006. During the reported period (since November 2005), CEC worked to compose voter registers, create territorial election districts, and register candidates for the Parliament from political parties and blocs of parties. CEC registered 45 parties and blocs (7683 candidates) and refused to register 8 parties and blocs.
    
    Yaroslav Davydovych also pointed out that there exist many problems that currently hinder the preparation process. In particular, he focused on issues of adequate qualification of candidates nominated for positions in election commissions and the need to increase budget subventions to local budgets to cover election related expenses.
    
    February 7
    
    Rada Chairman Meets with Head of OSCE Election Observation Mission in Ukraine
    
    Chairman of the Verkhovna Rada of Ukraine Volodymyr Lytvyn met with Head of the Organization for Security and Cooperation in Europe’s (OSCE) Election Observation Mission in Ukraine Lyubomyr Kopay. Mr. Kopay informed the Rada Chairman that he started a series of meetings with leaders of political parties and party blocs that take part in the election campaign. He thanked the leadership of the Verkhovna Rada for support to the OSCE Election Observation Mission. During the meeting, the Rada Chairman and Mr. Kopay also discussed procedural issues related to the activities of OSCE election observers.
    
    Rada Chairman Addresses Parliament at Plenary Opening Sitting
    
    In his address at the opening of the 9th plenary session of 4th Verkhovna Rada, Rada Chairman Volodymyr Lytvyn spoke about the priority legislative agenda for the parliament in this session. In particular, he focused on the following issues:
    1. Consider and pass decisions on all pieces of legislation that are identified as priority bills by the President of Ukraine and government, as well as bills on ratification of international agreements and laws vetoed by the President.
    2. Insist that the Cabinet of Ministers present the Program of Economic and Social Development of Ukraine in 2006. Based upon the Program, the parliament should develop amendments to the State Budget for FY 2006.
    3. Analyze the implementation of the State Budget in 2005 and oversee implementation of the State Budget in 2006.
    4. Commence the revision of the Budget Code.
    5. Consider national security salient issues in the spheres of housing, agriculture, and energy.
    6. Develop constitutionally required laws and accommodate new constitutional provisions in them, in particular the Law on the Cabinet of Ministers, the Law on the president of Ukraine, the Law on Referenda, and the new Rules of Parliamentary Procedure.
    Rada Chairman announced that the legislative agenda for this 2-month parliamentary plenary session contains over 450 items.
    
    February 6
    
    Meeting of Public Political and Advisory Council tor Rada Chairman
    
    Chairman of the Verkhovna Rada Volodymyr Lytvyn presided over a meeting of the Public Political and Advisory Council to the Rada Chairman on the topic of parliamentary elections. He informed council members about his proposal to create a parliamentary election monitoring commission comprising MPs that are not campaigning in this election. There are 40 such national deputies and Lytvyn would propose that Ihor Yukhnovskyi (Industrialists and Entrepreneurs party faction) and Heorhiy Kryuchkov (Communist party faction) chair this commission.
    
    Participants of the meeting brought attention of the Rada Chairman to a more democratic and transparent character of this election campaign as compared to the presidential election campaign of 2004. However, they criticized insufficient efforts of political parties and blocs of parties on explaining their political platforms to the Ukrainian citizens. They also discussed issues related to media coverage of the campaign and the role of judiciary in ensuring free and fair elections.
    

Publication of 02 16, 2006.

Supported by Eurasia Foundation Supported by Eurasia Foundation