ON TUESDAY 15 JANUARY, THE VERKHOVNA RADA OF UKRAINE CONTINUED ITS PLENARY PROCEEDINGS
Opening the Morning Meeting, Arseniy Yatseniuk, Chairman of The Verkhovna Rada of Ukraine, congratulated the People's Deputies on the New Year and offered belated Christmas Greetings.
The Choir of the Office and Administrative Department, celebrating its 5th Anniversary, greeted The People's Deputies with a koliada song.
Arseniy Yatseniuk then advised those present of the Meeting held by the Conciliatory Council and the decisions taken by its members.
Speaking of the legislative work, A. Yatseniuk informed the auditorium that there are 631 Bills under consideration in The Verkhovna Rada, and 438 Drafts being elaborated on in the Committees. 'The number of legislative initiatives by the People's Deputies of Ukraine is growing at an unheard-of rate. The Committees of The Verkhovna Rada of Ukraine are now overloaded with those Bills already sponsored. This is very good,' he said.
In view of the above, A. Yatseniuk stressed that it has now become a matter of urgency to consider the Bills by theme. He addressed the Committee Leaders with a request to draw up a Thematic List of Bills, so that The Verkhovna Rada of Ukraine could focus on the most important and vital Bills regulating key areas of life in Ukraine. He enumerated five key Committees now in a position to draw up the above Thematic Lists. These are the Committees dealing with Economic Policy; Agrarian Policy and Land Reform; State Building and Local Self-Government; Law Enforcement Legislative Support; and Social Policy and Labour.
The Chair then touched on those matters related to the proceedings of the First Session. He said that the Conciliatory Council had taken a decision recommending that the People's Deputies continue the current session for an extra Plenary Week , concentrating only on their work in Committees, since the number of issues is so great, but the readiness thereof is, to put it mildly, somewhat vague.
A. Yatseniuk reminded the People's Deputies of the urgency of the seventeen Bills introduced by The President of Ukraine, and suggested that key Bills from among them are considered, such as the Bill on Amendments to the Administrative Offence Code, appertaining to a greater responsibility for Traffic Rule violations and increases in the fines of respective penalties.
He also suggested that a revised version of the Law on Public Procurements is considered at the First Session, and the Law 'On the Cabinet of Ministers' is amended to correct unconstitutional provisions.
Among other urgent issues requiring consideration by The Verkhovna Rada, the Chair specified
the Bill on The Imperative Mandate and the issue of the organisation of Local Power.
The Chair then announced the Agenda of the meeting.
The People's Deputies upheld the Agenda as presented without voting, and set to work. Taking the floor on the issue of procedure, they put forward several proposals concerning the Agenda.
The Chairman of The Verkhovna Rada of Ukraine congratulated the State Security Service employees on the 16th Anniversary of the founding of the Service.
Authorised Representatives of the Deputy Factions took the floor with their Declarations, Announcements and Motions.
The People's Deputies then considered and discussed the Draft Resolution on Amendments to the Resolution 'On The Planned Schedule of the First Session of The Verkhovna Rada of Ukraine of the 6th Convocation in January 2008'.
Alexander Yefremov, Chairman of the Committee on Standing Orders, Deputies' Ethics and Support of the Activities of The Verkhovna Rada of Ukraine, reported on the amendments envisaged, establishing 25 January 2008 as the Closing Date of the First Session of The Verkhovna Rada of Ukraine, and scheduling 15 January for Plenary Meetings, 16-17 January for working in Committees and Factions, 18 January for 'Government Question Hour' and a Plenary Meeting, and the week of 21 -25 January for working in Committees and Factions and 'Government Question Hour' (21-24 January), and a Plenary Meeting, together with the Closing of The Session on 25 January.
The People's Deputies carried the Resolution by 374 votes.
Then they considered two Draft Resolutions on holding Parliamentary Hearings.
The Verkhovna Rada took the decision to hold Parliamentary Hearings 'On the Current Progress of Fulfillment of The European Social Charter (Revised Version) in Ukraine' on 6 June. During the debate the People's Deputies put forward a motion to organise the issue of the holding of Parliamentary Hearings by preparing a single schedule and timetable for such hearings. This motion was included in the Draft Resolution and carried by the People's Deputies.
The MPs then considered and adopted the Resolution on holding Parliamentary Hearings 'On the current position of Citizens´ Labour Rights with relation to the Adherence of Constitutional Guarantees´ on 12 November 2008.
After the voting, A. Yatseniuk suggested that the People's Deputies adopt a single schedule for Parliamentary Hearings during the Second Session.
The People's Deputies then deliberated on the Draft Resolution 'On The Annual Award for the Year 2007 of The Verkhovna Rada of Ukraine, to Teachers and Associated Employees in General Education, Vocational, Pre-school and Out-of-School Educational Establishments´.
The Secretary of the Science and Education Committee, Kateryna Samoilyk, reporting on this issue, noted that this Resolution is aimed at stimulating the active involvement of teachers in the establishment and further advancement of the National Education system, raising awareness, utilising the best pedagogical achievements and professional skills, enhancing the prestige and status of the teaching profession, and showing the attention paid by The Supreme Legislature of Ukraine, The Verkhovna Rada, to the teacher, educator, lecturer and tutor. 'It is they who are the source of knowledge, a well of competence, representatives of culture, conduct and even parental functions. Therefore raising the status and authority of teachers in our society and creating incentives for their inspirational and productive work is a task of the highest National level', she stressed.
K. Samoilyk said that the Draft Document envisages thirty awards, with two going to teachers in the Dnipropetrovsk, Donetsk and Lviv Regions, and the remaining Regions each receiving one award. In future years, teachers from other Regions will be entitled to two awards. The sum to be awarded is 20 thousand Hryvnias.
The Verkhovna Rada passed this Resolution with 402 votes.
The People's Deputies then considered and passed several Resolutions on the early election of several Village and City Mayors.
The People's Deputies then passed on to matters of ratification, and considered and discussed two Draft Laws on the ratification of the Agreement between Ukraine and The European Community on the Readmission of Persons and the Simplification of the Visa Regime.
Volodymyr Ohryzko, Minister for Foreign Affairs reported on these matters. He said that the Agreement on readmission establishes, on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry to, a presence in, or residence within Ukraine or one of the Member States of the of the European Union, and facilitates the transit of such persons to their State of Origin.
According to the speaker, the provisions of this Agreement lay down the commitments of the Parties to readmit, without further formalities, their own Nationals, who do not, or who no longer, fulfill the conditions in force for a presence in the territory of the other Party to this Agreement, as well as Third-country Nationals, provided that the evidence, as envisaged by this Agreement, is available.
The use of provisions related to the readmission of Third-country Nationals or Stateless persons, for a category for which Ukraine has not concluded Bilateral Treaties or Agreements on readmission, is deferred until two years from the date that the Agreement enters into force.
V. Ohryzko emphasized that The European Commission will provide assistance to Ukraine in arranging temporary shelters for persons to whom this Agreement may apply. Technical programmes will be launched within the framework of the European Development Co-operation Instrument. Funds of the 'Shelter' migration programme could also be used for this purpose. The total budget for this Programme in 2007/13, as allocated by The European Union, is Euro 400,000,000,
The Co-rapporteur, Borys Tarasiuk, Chairman of the European Integration Committee, referred to readmission a complex problem, mainly arising in The European Union countries due to illegal migration of Ukrainian Nationals to these countries. Therefore The European Union's wish to protect their labour market is only natural.
As regards Ukraine, this is an internal problem, according to the Co-rapporteur. The State should offer suitable jobs with the appropriate payment to its Nationals. In addition, the State should halt illegal migration of Third-country Nationals to our territory through the unsafe Eastern and Northern borders of our country. Thus, this a problem faced by both Ukraine and the European Union.
The Agreement on Readmission between Ukraine and the European Community was passed with 226 votes.
The other Agreement between Ukraine and the European Community, that on the simplification of the Visa Regime, was passed with 431 votes.
The Preamble to this Agreement outlines the prospects for the introduction of a mutual visa-free travel regime for Nationals of both Parties. The Agreement envisages considerable priority for Ukrainian Nationals. Eligible for the issue of a 5-year Multiple Visa will be Businessmen, Journalists, Officials of Central and Local Authorities, and permanent Members of Official Delegations. 1-year single visas will be issued to Scientists, Cultural workers, Sportsmen, Professional Carriers, Railway crew members, and those taking advantage of Exchange Programmes between Twinned Cities. Visas will be obtained free of charge by Pupils, Students, those travelling for Humanitarian purposes, the Disabled and their accompanying persons, Sportsmen, Journalists, Professional Carrier, Railway crew members, Senior Citizens, children under 18 years, Members of Official Delegations, etc.
Ten days will be allocated for Visa Application decisions and issue, and two days in urgent cases. An important outcome of this Agreement will be a transparent procedure for the issuing of Shengen visas.
Attached to this Agreement is a Declaration fixing the right of Ukrainian Nationals to be given reasons for the refusal of a Visa, and another Declaration on the transparency and accessibility of Visa procedures for Ukrainian Nationals.
Included in the Agreement is a Declaration by Poland, Slovakia, Hungary and Romania on the commencement of negotiations with Ukraine concerning agreements on the so-called small Trans-border movement, envisaging Visa-free travel by residents of frontier areas within defined limits.
At the end of the Morning Sitting, the People's Deputies adopted the Resolution on Securing the Rights of Nationals of Ukraine to Freedom of Movement'.
This Document recommends that the Cabinet of Ministers ensures monitoring of the implementation of the Agreement between Ukraine and the European Community on the simplification of the Visa regime by EC Member States, and tables a summary on its realisation to the Joint Experts Committee, set up pursuant to Clause 12 of the Agreement, for consideration;
Resulting from the consideration of the monitoring data by the Joint Experts Committee, it is recommended that The Cabinet of Ministers submits to The Verkhovna Rada of Ukraine the agreed proposals from the State Executive Authorities on ways of securing the rights and interests of Ukraine's Nationals in the context of realisation of the above Agreement.
The Resolution was passed with two amendments adding to the Agreement on the Simplification of the Visa regime, the second one on the Readmission of Persons, thus extending its scope. The Morning Sitting was then closed.
The Evening Sitting began with the consideration of a Draft Law on Amendments to the Law of Ukraine 'On State Decorations of Ukraine' (appertaining to the Institution of The Order of Liberty and Medal 'For the Saving of Life).
Maryna Stavniychuk, Deputy Head of the Secretariat of The President of Ukraine, reported on this issue. She said that this Bill proposes to extend the system of State Decorations of Ukraine by additionally instituting The Order of Liberty, to honour special merits of citizens for strengthening the Sovereignty and Independence of Ukraine, consolidating Ukrainian society, developing Democracy, advancing socio-economic and political reforms, and advocating the Constitutional Rights and Liberties of Man and Citizen;
The Medal 'For the Saving of Life' is to be conferred on citizens who have contributed to the saving of life, proactive philanthropic, humanistic and other activities in the area of Public Health, and the prevention of accidents amongst the population.
A debate ensued during consideration of the Bill, which had been introduced by The President of Ukraine, and it was upheld by Deputies of the Coalition Factions. The People's Deputy Lilia Hryhorovych invited her colleagues to think of those people, who 'should obviously be honoured, as, through Decorations, should be honoured the young Ukrainian Nation'.
The grounds given in support of the institution of The Order of Liberty included examples of similar decorations in other States, to honour citizens for their part in promoting Democratic principles.
The People's Deputies of the Party of Regions Faction were opposed to the institution of new Decorations. They pointed out to the auditorium the absence of any descriptions or images of these Decorations, which should have been added to the Bill. They said that The President of Ukraine had introduced an incomplete and poorly drafted Bill for consideration by The Verkhovna Rada.
Oleh Zarubinsky, of The Lytvyn Faction, stressed that 'This Bill is just simply not ready´. In his opinion it is up to Experts to introduce such a Bill.
It was also mentioned during deliberations that this Bill aims to honour only a part of society, which is not right as 'It will only politicize our society, and it is a way to legalize the negative moments present in our history',
Summarising the discussion, the Chairman of The Verkhovna Rada of Ukraine, Arseniy Yatseniuk, said: 'We are not speaking of conferring the Order to specific persons. This is an Order for the people of Ukraine'. He called for the People's Deputies to pass the Bill at the First Reading, and suggested that they submit their proposals for its further elaboration.
The Verkhovna Rada passed the Bill on Amendments to the Law of Ukraine 'On State Decorations of Ukraine' (appertaining to the Institution of The Order of Liberty and Medal 'For the Saving of Life) at the First Reading with 237 votes.
The People's Deputies then had to consider four Bills on amendments to the Land Code, appertaining to the sale of agricultural land plots.
The Chair advised the auditorium that the sponsors of the said Bills, the People's Deputies, Roman Tkach and Valeriy Bevzenko, requested that these Bills should be withdrawn from further deliberation.
Offered for consideration were two Bills drafted by the People's Deputies, Petro Symonenko, Valentyn Matveiev, Olexander Tkachenko, and Kateryna Vashchuk.
The People's Deputy, Olexander Tkachenko, reported on the first Bill, proposing to amend Clauses 14 and 15 of Part X 'Transitional Provisions' of the Land Code of Ukraine, to extend the Ban Period until 1 January 2011 for the entering of a Title in a Land Plot (Share) into the Authorised Funds of Companies.
The Bill proposes to establish that the sale of agricultural land, in State or Municipal ownership, apart from its alienation (redemption) for the needs of society; and the sale or alienation, together with its change of use, of land used for agricultural production by individuals or legal entities, or land plots allocated in kind (in situ) to the owners of land shares for individual farming, as well as land shares, unless inherited or exchanged for another plot, pursuant to the Law on Alienation (redemption) of Land for the needs of society, shall be introduced as from 1 January 2011, provided that the Laws of Ukraine on the State Land Cadastre and the Land Market will by that date have been passed, to define the Rules for the turnover of land in State and Municipal ownership.
The passing of this Bill will enable the setting up of an effective mechanism for the sale of land plots and the control of said sale, allowing for the prevention of any possible misuse and criminal actions occurring presently. The Bill´s sponsors think that all this will assist in 'avoiding the pauperization of the Ukrainian people, and the buying up of land by Domestic and Foreign tycoons'.
The People's Deputy, Kateryna Vashchuk, reported on her proposals to the Transitory Provisions of the Land Code of Ukraine. She suggested that a Ban should be established until 1 January 2010, on the sale of agricultural land in State or Municipal ownership, and the sale or alienation, together with a change of usage, of land used for agricultural production or private farming by individuals or legal entities who have taken ownership of this land from the lands of agricultural enterprises or land shares; and also to define the Law regulating the procedure for agricultural land exchange.
According to K. Vashchuk, 'this Bill will allow for the elaboration of the appropriate legislation, and bring the Land Cadastre to life, as it is impossible within a month to evaluate the land and differentiate it on the basis of ownership status. i.e. Private, State-owned or Municipal. We should carry out land monitoring so as to ascertain how much there is throughout the different areas of Ukraine, and only then address other issues'.
She called for the People's Deputies to uphold both Bills at the First Reading.
Summarizing the discussion of these Bills, The Chair noted that they had been introduced on 26 and 28 December 2007. They are now outdated since the Law, 'On the State Budget of Ukraine 2008 and Amendments to several Legislative Acts of Ukraine', extending the Moratorium for the Sale of Agricultural Land Plots has been adopted.
Both Bills were rejected during the voting.
The People´s Deputies considered a Bill on Amendments to The Law of Ukraine, ‘On Election of The People´s Deputies´ (appertaining to a decision on the Registration of the Elected People´s Deputy of Ukraine), using a shortened procedure. The People´s Deputy, Yuriy Kliuchkovsky, sponsor of the Bill, reported on this subject.
He suggested that by making the suggested amendments, favourable conditions would lead to a speedy resolution of matters relating to the replacement of a People´s Deputy, when an early Termination of a Deputy´s Authorities takes place free of any conflicts. At the same time, according to Yuriy Kliuchkovsky, the timescale, as laid down, can be adhered to, allowing for the lodging of any protests at the resolution on an early Termination of Authorities, when the Termination is accompanied by a Violation of the Law, thus causing a conflict.
The Bill proposes to amend Clauses 90 and 101 of The Law of Ukraine 'On Election of People's Deputies' establishing that:
1) In the event of an early Termination of Authorities of a People's Deputy of Ukraine, on the basis of his personal application, by a Court ruling or in the event of his/her death, the Central Election Committee shall take a decision recognizing the Deputy Candidate next in line elected no later than the day following receipt of the relevant documents to confirm said circumstances;
2) The decision on the Registration of a Deputy Candidate recognized as elected is taken by The Central Election Committee no later than the day following receipt of the Candidate's full documentation, as required by Law;
3) A Temporary Certificate of The People's Deputy of Ukraine should be issued to an individual Registered as a People's Deputy of Ukraine no later than the day following his/her Registration.
After a short discussion the Bill was rejected.
At the end of the Evening Sitting, the People's Deputies considered, at the Second Reading, the Draft Resolution and amendments to the Standing Orders of The Verkhovna Rada of Ukraine (appertaining to 'Government Question Hour').
The Bill failed to win enough support (being upheld by 175 People's Deputies) and was rejected.
The Evening Sitting was then closed.
The next Plenary Meeting will be held on Friday 18 January.