29 October 2015, 15:04
Today, the Committee had a meeting dedicated to consideration of draft laws required to implement the EU Visa Liberalization Action Plan for Ukraine.
Chairperson of the Committee Hryhorii Nemyria reminded that in 2010, Ukraine was urged to implement the EU visa liberalization action plan for Ukraine, the Verkhovna Rada of the seventh convocation completed implementation of the first phase of the Plan — the legislative one. Currently our state is implementing the second phase of the Plan — institutional and implementation one. He also noted that Moldova, which obtained respective Plan later that Ukraine, had already met all the requirements and citizens of that country are already enjoying all the advantages of the EU Visa Liberalization Action Plan.
"In December, the European Commission may provide its conclusions on success of Ukraine in implementation of the second phase. Thus, the Parliament is too tied for time," he said. "The implementation of the Action Plan has been a part of the Coalition Agreement. Passing required laws we have to remember that safety considerations should not narrow or restrict human rights and freedoms."
The Committee members recommended that the Verkhovna Rada of Ukraine adopt the governmental draft law No. 3159 on amendments to some legislative acts of Ukraine touching improvement of provisions of judicial protection of foreigners and stateless persons and settlement of standalone issues related to counteraction to illegal migration after its consideration in first reading.
According to envoy of Ukrainian Ombudsperson Mykhailo Chaplyha, the draft law envisages the right to address free legal aid center, however, that is not an obligation; it does not envision participation of interpreter during detention of foreigners; it does not set period of time a person can be detained for the first time for; it does not properly specify the instruments of protection.
In turn, representative of the State Border Service Oleksandr Pinchuk noted the importance of determination of the detention sites for the foreigners.
An expert of the International Organization for Migration, Olena Malinovska, expressed concerns over the term of the draft law that offers to expand the period of detention of violators of migration legislation up to 18 months. "At first it was six months, then the period was expanded to 12 months. Now they want to reach 18 months. Is it legal to keep a non-sentenced person in custody for 1.5 years, all the more at the expense of the Ukrainian taxpayers? It is probably much easier to speed up the identification and extradition procedures?" she said.
According to another representative of the International Organization for Migration Lidiya Kuzmenko, the draft law lacks detailed items specifying alternatives to custody and obliging to inform about the site of custody.
In compliance with results of detailed discussion, the Committee members recommended that the Verkhovna Rada Committee on Foreign Affairs send the governmental draft law No. 3224 on amendments to some legislative acts of Ukraine touching documents that confirm citizenship of Ukraine, prove identity or special status for adaptation; and adopt alternative draft law No. 1632 approved in April 2015 by the Verkhovna Rada Committee on Human Rights, National Minorities and Interethnic Relations as a basis.
"This draft law violates human rights, especially the rights of the believers. Why should we pass it in violation of the Constitution?" Committee member Borys Feldman said.
"That is contempt for the Parliament. That is a police law. We are the Committee that protects human rights and we have to remember this. I will support alternative draft law No. 1632, which was elaborated taking in account opinion of non-government organizations and received positive conclusions of the Council of Europe," First Deputy Chairperson of the Committee Valerii Patskan said.
"This law allows total surveillance of a person thus, it is unacceptable. Besides, this law offers to legalize passport corruption under the guise of simplification of the visa regime," said expert of the Center of Policy and Legal Researches Viktor Tymoschuk.
Besides, Deputy Justice Minister of Ukraine Serhii Petukhov presented the draft law on harmonization of legislation in the field of combating discrimination of the European Union law elaborated by the ministry.
"We offer coalition representatives to support our draft law and submit it for consideration of the Verkhovna Rada. That will be the final step to meet the requirements to liberalize the visa regime with the EU," he said.
Hryhorii Nemyria suggested that the Committee members consider this draft law and offer their proposals and remarks.
The Committee members also condemned default decision of the Simferopol court (the Russia-annexed Crimea) to arrest Committee member Refat Chubarov.