Committee on Legal Policy and Justice recommends that Ukrainian Parliament adopt bill On Amendments to Some Legislative Acts of Ukraine on Condemnation of Totalitarian Regimes Concerning Their Bringing in Line with Article 10 of Convention for Protection of Human Rights and Fundamental Freedoms as a basis

Information Department of the Verkhovna Rada of Ukraine Secretariat
02 December 2016, 10:27

The bill No. 4701 offers to amend the Penal Code of Ukraine, Administrative Offences Code of Ukraine, Laws of Ukraine On Condemnation of the Communist and National-Socialist (Nazi) Regimes and Prohibiting Propaganda of Their Symbols in Ukraine; On Local State Administrations and On Access to Archives of Repressive Bodies of Communist Totalitarian Regime of 1917-1991.

In particular, the amendments offer to specify the notion of "propaganda of communist and national-socialist (nazi) regimes" through introduction of types of activity determined by this notion. The amendments also offer to specify the purpose of the Law of Ukraine On Condemnation of the Communist and National-Socialist (Nazi) Regimes and Prohibiting Propaganda of Their Symbols in Ukraine and some other provisions of the Law touching the right of the court to suspend activity of legal entities, political parties or other nongovernmental organizations.

The bill also offers to amend the wording of Article 436 of the Penal Code of Ukraine envisioning criminal responsibility for public denial or public justification of the crimes committed by the communist totalitarian regime.

The members of the Committee noted that the authors of the bill managed to envisage the most of recommendations of the Venice Commission.

At the same time the parliamentarians drew attention to the fact that some provisions of the bill, in particular, the ones amending the Penal Code of Ukraine, Administrative Offences Code of Ukraine and Article 7 of the Law of Ukraine No. 317-VIII are not fully in line with the requirements of the legislative technique, which can be taken into consideration during the preparation of the bill for second reading.