At a meeting on December 9, the Committee members examined a number of draft laws on their compliance with the European Union law, Ukraine's commitments in the framework of the Council of Europe and the Association Agreement between Ukraine on the one part, and the European Union, the European Atomic Energy Community and their member states on the other part.
The
Committee members declared as not contradicting the international legal
obligations of Ukraine in the framework of the Association Agreement draft law
No.3151, which proposes to introduce a "travel card," and accordingly
to define the term "card" as a "document (single-ride ticket,
subscription card, travel ticket (card) of long duration), on paper,
electronic, magnetic or other information storage media with relevant details
and content in line with the law, which confirms the fact of concluding a
contract with a passenger for transportation and enables travels and (or)
transportation of luggage on public bus routes," to define the procedure
of settlements with carriers; to improve the procedure of holding a competition
for city bus routes; to transfer to the jurisdiction of executive bodies of
town councils organization of contracts conclusion with carriers on provision
of ticket sale service, etc.
The Committee members declared as in general not contradicting the European
Union law draft laws Nos. 3559 and 3560. However, their adoption formally does
not meet the commitments Ukraine undertook in the framework of the Association
Agreement.
The draft law No.3559 proposes to regulate purchases ranging from UAH 50,000 to
the thresholds of procurement procedures application, provides for making
public procurements with application of two competitive regulation procedures:
open tender and competitive dialogue and non-competitive – a negotiation
procurement procedure. Draft law No.3560 proposes to amend the Budget Code of
Ukraine, by replacing the term "tender offers" with a term
"bids" and the reference to the Law of Ukraine "On Making State
Procurements" with a reference to the Law of Ukraine "On Public
Procurements." However, the submitted draft law is of a technical nature
and directly connected to the draft Law of Ukraine "On Public
Procurements" (No.3559).
At the same time, the people’s deputies declared as not-complying with the
European Union law, the draft laws Nos. 2275 and 2275-1, but legal relations
within the sphere of legal regulation of these draft laws are regulated at the
national level of the EU member states.
The draft law No. 2275 proposes to ban providing collection services against debtors - individuals prior to the adoption by the Verkhovna Rada of Ukraine of a special law regulating the collection activity. The draft law provides the definition of the term of collection services, and also specifies the features what services belong to collection services, and provides the list of services not belonging to the collection services, and specifies auxiliary types of collection services.
Draft law No.2275-1 introduces a temporary ban on the provision of collection services against individuals - debtors, based on the constitutional principles of the priority of rights and freedoms of man and citizen, protection of morality, ban on the use of property to the detriment of the person and society, protection of rights of debtors, against which collection service entities carry out activities of collection of debt on existing liabilities.The Committee members declared as contradicting the European Union law, the draft laws Nos. 1385 and 2145a-1.