PLENARY MEETINGS OF THE SEVENTH SESSION OF THE VERKHOVNA RADA OF UKRAINE OF THE SIXTH CONVOCATION WERE HELD ON THURSDAY, 2 DECEMBER

In the beginning of the morning plenary meeting, Volodymyr Lytvyn, Chairman of The Verkhovna Rada of Ukraine, briefed on the results of work of The Verkhovna Rada of Ukraine at the plenary meeting on 1 December.

The People´s Deputies started to scrutinize the agenda.

Anatolii Semynoha, Chairman of the Committee on Environmental Policy, Use of Natural Resources and Elimination of Consequences of Chornobyl Disaster, presented the draft resolution "On the Current State and Goals of the Elimination of Consequences of Chornobyl Disaster."

The draft resolution was passed by 337 votes. According to the resolution, the parliamentary hearings shall be held on 16 March 2011.

The Verkhovna Rada of Ukraine passed the Resolution "On Holding of the Parliamentary Hearings "Legislative Support and Observance of Children Rights in Ukraine (22 December 2010)."

People´s Deputy M.Martynenko presented the draft resolution on holding of the parliamentary hearings "On the Current State and Prospects of Relations between Ukraine and the Russian Federation and the European Union."  The draft resolution was rejected.

Natalia Korolevska, Chairwoman of the Committee on Industrial and Regulatory Policy and Entrepreneurship, presented the bill on market supervision and control over the production.  

The People´s Deputies adopted the bill on market supervision and control over the production as the Law.

The People´s Deputies scrutinized the presidential bill "On Common Safety of the Non-Edible Production." The bill was adopted in entirety as a law.

The Verkhovna Rada adopted the following bills in the second reading: on Amendments to Clause 9 of the Law "On Organizational-Legal Basis of Organized Crime and Corruption Counteraction" (re Investigative Force); "On Moratorium on Destruction of Green Plantations at certain Facilities of Landscape Gardening in Kyiv"; and "On Amendments to certain Legislative Acts of Ukraine regarding Coastal Protection Strips."

The People´s Deputies passed several resolutions on appointment and dismissal of judges.  Eight judges of the Supreme Court of Ukraine and one judge of the High Economic Court were dismissed.

The Verkhovna Rada passed the Resolution "On Amendments to the Resolution of The Verkhovna Rada of Ukraine of 8 July 2010 No.2465-VI "On Dismissal of S.F.Demchenko from the Office of a Judge of the High Economic Court of Ukraine" to substitute the phrase "upon reaching 65 years of age" with the phrase "upon receipt of the resignation appeal."  

The following Laws were adopted: on Amendments to several Legislative Acts of Ukraine (re Consumer Protection); on Amendments to several Legislative Acts regarding Strengthening of Responsibility for the Interference with the Transport Activity; on Amendments to the Code of Ukraine of Administrative Infringements regarding Strengthening of Responsibility for certain Infringements (re Penalty in the Form of Community Service); on Amendments to Clause 24 of the Law "On Scientific and Scientific-Technical Activity" (re Submission and Registration of Applications for Assignment of Pensions); on Amendments to the Law "On Baby Food" (re Strengthening of Requirements for the Production and Turnover of Foodstuffs).

The bill on amendments to several legislative acts of Ukraine regarding strengthening of responsibility for infringements in the public utility sector was referred to adjustment.

The Chairman adjourned the morning plenary meeting.

At the afternoon plenary meeting, the People´s Deputies continued scrutiny of the bills in the second reading.  The Parliament members referred the bill on amendments to the laws on power engineering to adjustment. Then they started to scrutinize the motions of the President of Ukraine to the Tax Code.

Iryna Akimova, First Deputy Head of the President´s Administration, reported on the principal remarks of the President of Ukraine to the Tax Code.

The reporter stated that the Code contained substantial risks that could restrict the civil rights and violate the fundamental rights and freedoms as stated by the Constitution of Ukraine.

Thus, the Code violates the constitutional principle of assumption of innocence. Namely, it neglects assumption of innocence of an individual and exemption from proving own case fixed in article 62 of the Constitution of Ukraine. Thus, if a tax payer appeals in administrative order against any decision of the tax authority, the burden of the decision disproving is laid upon the tax payer (item 56.4 clause 56).

The reporter briefed on other remarks of the Head of State regarding protection of individual rights and freedoms; constitutional guarantees of the title to property, the right to conduct business activity, the legal regime of a simplified taxation, registration and accountability of the small business entities; restriction of rights of the local self-government; increase of the administrative load on the tax payers; misbalance between the rights and obligations of the tax payers and the supervisory bodies, etc.

I.Akimova stated, "Vetoing the Tax Code, the President referred the package of motions to the Parliament to regulate the relations between the public authorities and the business."

"Particular laws shall be drafted and adopted to enhance the tax system. The President is willing to cooperate with The Verkhovna Rada, the Government and the businessmen to improve the laws on the small business," I.Akimova stated.

The People´s Deputies adopted a new version of the Tax Code with the motions of the President of Ukraine by 268 votes.

The members of the opposition claimed that they had been denied scrutiny and discussion of the motions.  

The People´s Deputies scrutinized the Law "On Amendments to several Legislative Acts of Ukraine due to Adoption of the Tax Code of Ukraine" with the Motions of the President of Ukraine. Iryna Akimova, First Deputy Head of the President´s Administration, presented the Law. The President vetoed the Law, as some of its provisions contravened the Constitution of Ukraine and restricted the civil rights.

Thus, both the Law and the Tax Code authorize the state revenue agency to address the court to suspend operations with the tax payer´s account, if the officials of the state revenue agency are denied access to hold the audit.  The rights of the tax payer are restricted before the audit is held and the tax law violations are verified.  The President of Ukraine supposes that these provisions violate the fundamental principles of responsibility for the infringements. The supervisory bodies may apply them to restrict business activity of the tax payer. Both the Law and the Tax Code are also claimed to suggest a wrong procedure of effecting the administrative detention.

The Law "On Amendments to several Laws of Ukraine due to Adoption of the Tax Code of Ukraine" amends the Budget Code of Ukraine. The amendments withdraw 50 per cent of revenue from the individual income tax payable under the Tax Code of Ukraine in the territory of Kyiv to the general fund of the State Budget of Ukraine. Thus, the budget of Kyiv is subject to a special procedure of withdrawal of funds from the State Budget of Ukraine, which are placed to the budgets of the local self-government and the local budgets in other regions.  

The President of Ukraine believes that this privilege is unjustified and fails to meet the principles of equity, impartiality, and unity of the budgetary system of Ukraine as stated in the Budget Code. The suggested amendments restrict implementation of the programs on education, public health, social security and culture by the territorial community of Kyiv, and disrupt the financial support of the local self-government in Kyiv (article 142 of the Constitution of Ukraine). 

The People´s Deputies adopted the Law "On Amendments to several Legislative Acts of Ukraine due to Adoption of the Tax Code of Ukraine" with the Motions of the President of Ukraine.

The bill on amendments to several legislative acts of Ukraine (re social orphanage in the families of citizens working abroad) was rejected.

The Chairman announced that People´s Deputies M.Bahraiev, O.Buriak. T.Vasadze, P.Hasiuk, S.Hlus, Ye.Sihal and V.Skubenko were expelled from the BYuT-Batkivshchyna Faction according to the resolution of the Faction.

The People´s Deputies rejected the bill on amendments to several legislative acts of Ukraine (re prevention of unauthorized takeover of land). 

The following Laws were adopted: on Amendments to Chapter ХІІ "Final Provisions" of the Law of Ukraine "On the Judicial System and the Status of Judges" regarding Transfer of Cases on Welfare Payments; on Amendments to the Law "On Youth and Children Public Associations."

The bill on the social dialogue in Ukraine was referred to the repeated second reading.

The following Laws were adopted: on Amendments to the Law "On Telecommunications" regarding the Market of Telecommunication Services of Traffic Transmission; on Amendments to the Law "On Telecommunications" regarding the Access to the Cable Duct-Work of Telecommunication; on Amendments to several Legislative Acts of Ukraine regarding Responsibility of the Carriers performing International Passenger Transportation; on Amendments to the Law "On Agricultural Advisory Activity."

The People´s Deputies put the bill on the budgetary process organization in 2010 (Reg. No. 7422) to the agenda.

The Chairman adjourned the afternoon plenary meeting.

The next plenary meeting of the seventh session will be held on Friday, 3 December.