LEGISLATION

New laws – January 2014: criminal liability for defamation

2014-01-17T20:26:09Z

The parliament of Ukraine adopted the law establishing criminal liability for defamation.

New laws – January 2014: exemption from criminal responsibility for certain crimes

2014-01-17T20:20:36Z

During 14-16 January 2014 , a number of laws were adopted for "the establishment in Ukraine of the rights and freedoms of citizens, protection of persons and society from criminal attacks" (as stated in the explanatory note to the draft of one of the laws) .

One of these laws - the Law "On Amendments to the Law of Ukraine "On elimination of negative impacts and prevention prosecution and punishment of persons connected to the events that took place during peaceful gatherings" provides for exemption from criminal liability of persons who are suspected or accused in the commission of crimes stipulated in Articles 109, 122, 161, 171, 185, 194, 259, 279, 289, 293, 294, 295, 296, 341, 342, 343 , 345 , 348 , 349, 365 , 376 , 382 , 386 of the Criminal Code of Ukraine, between 21 November and 26 December 2013, provided that those offenses related to mass protests that began on November 21, 2013 , and closed the criminal proceedings.

So, for example, for intentional injuries of moderate severity, theft and disorderly conduct, abuse of power and authority, for criminal obstruction of journalistic activities during the recent mass protests no one will be brought to responsibility.

The Law of Ukraine “On Public Associations”

2012-04-21T21:18:19Z

The Law of Ukraine “On Public Associations” came into force on April 19, 2012. This law will start its operation from January 1, 2013. Action of the Law of Ukraine "On Public Associations » (№ 2460-XII) from 1992 will be repealed on the same day.

The new Law regulates relations in the sphere of formation, registration, operation and termination of the public associations in Ukraine.

In general, the needs for this law were determined by the recommendations of the Parliamentary Assembly of the Council of Europe set in paragraph 7.5.1 of the Resolution number 1755 (2010).

The new law provides some innovations in the field of public associations functioning.

For example, the Law regulates in detail the procedure for establishing public associations, establishes requirements for protocol of constituent assembly.

In accordance with Article 7 of the Law only two people may be founders of public associations, comparing to three according to the former legaslation.

This Law includes the provision which allows legal entities of private law to be founders of public associations.

The law establishes a more complete list of information that should be included in the statute of public association.

In accordance with the Law, public associations with legal status have a right to business activity, if such activity meets the goal (purposes) of public associations and facilitate to its achievement.

The Parliament established an exhaustive list of grounds for refusal to register public association.

However, new Law also contains some provisions which may be interpreted ambiguously or need revisions in the future.

The issue of financial assistance for public associations is not properly regulated in the Law. Back in 2007, the Committee of Ministers of the Council of Europe in Recommendation CM/Rec(2007)14 pointed on the need for clear and objective criteria for the provision of any governmental assistance and support for non-governmental organizations. Thus, Article 23 of the Law provides for the financial support of associations with legal status from the State Budget of Ukraine and local budgets in accordance with law. However, the law does not set the order and conditions of receiving of such financial assistance.

According to paragraph 4 of the Recommendation CM/Rec(2007)14 of the Council of Europe, non-governmental organizations may have an international status. Instead of this, in accordance with the new Law, all national and international public associations which had been registered before this Law entrance into force shall be deemed to public associations that have confirmed their national status. Such provision indicates that the international public associations that are created in the Ukraine and spread their activities in other countries, will not remain their international status anymore.

But, nevertheless, we can talk about improving of the legal regulation of the establishment and functioning of public associations in Ukraine, which is a positive step towards the development of civil society in our country.

Prepared by M.Bulgakova, A.Petriv

Legal review of the provisions of the Law of Ukraine “On Amendments to the Law of Ukraine “On the State System of Biosafety During Creating, Testing, Transporting, and Using Genetically Modified Organisms”

2012-03-19T21:12:59Z

On the 15^th of March 2012 President of Ukraine signed the Law of Ukraine “On Amendments to the Law of Ukraine “On the State System of Biosafety During Creating, Testing, Transporting, and Using Genetically Modified Organisms”

This law was adopted in order to adapt Ukrainian legislation to European Union regulations, namely the Regulation (EC) No 1830/2003 of the European parliament and of the Council of 22 September 2003 concerning the traceability and labeling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC.

Before that, there was a gap in the Ukrainian legislation in the sphere of traceability of products containing GMOs.

Article 15 of the Law stipulates that entities should fill out declaration in written form when they introduce some products containing GMOs for the first time. The declaration should contain information about the entity, product containing GMO or consisting of GMOs, a number of such products in the State Register of GMOs.

It is worth to notice that the provisions of Article 15 of the Law may be problematic during their implementation.

Article 4 of Regulation (EC) No 1830/2003 determines that at the first stage of the placing on the market of a product consisting of or containing GMOs operators shall ensure that the following information is transmitted in writing to the operator receiving the product: that it contains or consists of GMOs; the unique identifier(s) assigned to those GMOs. At all subsequent stages of the placing on the market of products, operators shall ensure that such information is transmitted in writing to the operators receiving the products.

So, the formulation of the Article 15 of the Law is unclear. It is not defined whether the declaration should be filled out by each entity after they introduce some products containing GMOs for the first time? Or whether the declaration should be filled out only by the entity that introduces this product for the first time into the Ukrainian market?

Prepared by Andriy Petriv

Member of Council of EACLA

Legal review of the provisions of the Law of Ukraine "On landscapes"

2012-02-28T19:49:00Z

On the 23^rd of February 2012 the Parliament of Ukraine passed the Law of Ukraine “On landscapes”. According to the preamble, the law is aimed at protection, management and planning of landscapes for their conservation and sustainable use to ensure environmental, cultural, recreational, economic & other needs of society.

This Law determines the purpose, principles and objectives of state regulation of landscapes; bodies, responsible for such regulation & some powers of the bodies.

We have to point out some disadvantages of the law that do not facilitate its effective implementation and do not contribute to fulfillment of the main purpose of the law.

In September 2005 Ukraine ratified the European Landscape Convention. Ukraine undertakes to recognize landscapes in law as an essential component of people’s surroundings, an expression of the diversity of their shared cultural and natural heritage, and a foundation of their identity; to establish and implement landscape policies; to establish procedures for the participation of the general public, local and regional authorities, and other parties; to integrate landscape into its regional and town planning policies and in its cultural, environmental, agricultural, social and economic policies, as well as in any other policies with possible direct or indirect impact on landscape. Article 6 of the Convention provides specific measures to be implemented by the parties on national level.

Article 21 of the Law stipulates that state control on implementing of legislation on landscapes protection and management should be carried according the law. Instead of this, the Law does not prescribe an order of such control.

Another problem is related to the liability for failure to implement standards established by the state, as responsibility issues are not envisaged by the law.

In accordance with “Final Provisions”, the Law comes into force on the next day after its publication. But it is sated that mechanisms for the implementation of the Law should be developed by the government within 1 year from the date of enactment of the law. Thus, the effective implementation of the Law is dependent on the government's action on the adoption of regulations, and not all provisions can be implemented straight after the publication of the law.

Article 21 of the Law determines public rights in the sphere of landscapes protection, management and planning. Article 5 of the Convention is related to the necessity to establish procedures for public participation on national levels. This provision obviously obliges the state to make an effort to develop procedures for public participation in the formation, development and implementation of landscape plans. These procedures are not regulated by this law.

Prepared by Andriy Petriv

Member of Council of EACLA

Law of Ukraine “On Court Fee”

2011-10-07T21:00:00Z

On November 1, 2011 The Law of Ukraine “On Court Fee” came into force.

A legal review of the law can be found here.

Procedure for Publication of Lviv Regional State Administration Acts

2011-10-02T21:00:00Z

On October 26, 2011 Lviv regional state administration approved Regulation “On Procedure for Publication of Lviv Regional State Administration Acts”.

A legal review of the Regulation can be found here.

Legislation of Ukraine

2011-08-29T21:00:00Z

The Constitution of Ukraine. Ukrainian version can be foundhere…

The Civil Code of Ukraine. Ukrainian version can be foundhere…

The Labor Code of Ukraine. Ukrainian version can be foundhere…

On Citizens’ Appeals. The Law of Ukraine. Ukrainian version can be found here…

On Access to Public Information. The Law of Ukraine. Ukrainian version can be foundhere…

On Information. The Law of Ukraine. Ukrainian version can be foundhere…

On the National Referendum. The Law of Ukraine. Ukrainian version can be found here…

On Environmental Protection. The Law of Ukraine. Ukrainian version can be foundhere…

On Grounds of Corruption Prevention and Counteraction. The Law of Ukraine. Ukrainian version can be found here…

Resolution of the Cabinet of Ministers of Ukraine “On the public participation in the formulation and realization of state policy”. Number, date of registration: 996 from 03.11.2010. Ukrainian version can be found here....

Drafts of Legislation

2011-08-25T11:30:12Z

Law draft “On energy efficiency of residential and public buildings”. Number, date of registration: 9683 from 12.01.2012. Ukrainian version can be found here.... A legal review of the Law draft can be found here.

Law draft “On state guarantees of enforcement of courts decisions”. Number, date of registration: 9127 from 08.09.2011. Ukrainian version can be found here....

Law draft “On regulation in the sphere of energy saving”. Number, date of registration: 7231 from 07.10.2010. Ukrainian version can be found here....

Law “On Amendments to the Code of Administrative Proceedings of Ukraine”

2011-08-23T21:00:00Z

On October 5, 2011 the Law of Ukraine “On Amendments to the Code of Administrative Proceedings of Ukraine” entered into force.

A legal review of the law can be found here.