12 February 2016, 10:07
Chairperson of the subcommittee on civil service and service in local self-government bodies A.Shkrum informed that the draft law No.3309 proposes to introduce a number of amendments to the Code of Administrative Procedure of Ukraine, the Labor Code of Ukraine, the Code of Administrative Offences of Ukraine, the Civil Code of Ukraine, laws of Ukraine "On administrative services," "On state guarantees of execution of court decisions," "On civil service," "On the fundamentals of state supervision (control) in the sphere of economic activity" in order to strengthen civil and legal, and administrative responsibility of officials and employees of state government and local self-government bodies in connection with unlawful decisions, actions or inaction of these persons.
A.Shkrum pointed to the following:
- the Committee on Corruption Prevention and Counteraction in its finding notes that the draft law corresponds to requirements of the anti-corruption legislation;
- the Ministry of Defense of Ukraine stresses that within its competence it has no proposals or comments to the draft law;
- the Higher Administrative Court of Ukraine in its finding remarks that at present there are enough legal mechanisms for bringing civil servants to responsibility for the improper fulfillment of their duties. In this regard, it notes that the introduction of additional civil and legal responsibility for civil servants without setting stimulatory level of their wages is premature as it can lead to an outflow of highly-qualified professionals from public authorities, and consequently, to the destruction of the whole system of civil service. Taking the above into account the Higher Administrative Court of Ukraine does not support the draft law;
- the all-Ukrainian association of local self-government bodies 'Association of Ukrainian Cities' expressed remarks over the conceptual nature of the draft law, and considers it appropriate to propose to subjects of legislative initiative to finalize it taking into account these comments;
- according to the finding of the Committee on Legal Policy and Justice, the draft law does not contradict the provisions of the Constitution of Ukraine;
- the Central Scientific Experts Office of the Verkhovna Rada of Ukraine Secretariat also expressed some critical remarks to the draft law, and considers it appropriate to reject it.
During the discussion, the Committee members noticed that in general they agree with the remarks made by the Central Scientific Experts Office of the Verkhovna Rada of Ukraine Secretariat, and believe that charging officials and employees of the state with responsibility before the State by way of recourse in full volume (which includes paying compensation for not only actual damages, but also loss of profit) does not correspond to generally accepted conditions of bringing a person to legal responsibility.
In addition, members of the Committee pointed to inexpediency of making amendments to the current wording of the Law of Ukraine "On civil service" because as at today adopted is the Law of Ukraine dated December 10, 2015 No. 889-VIII "On civil service." The law enters into force from May 1, 2016 and its provisions on the responsibility of civil servants do not correspond to the proposed amendments.
A.Shkrum made a proposal to recommend the Verkhovna Rada of Ukraine in accordance with Item 3 of Article 114 of the Regulations of the Verkhovna Rada of Ukraine return the draft law to the subject of legislative initiative for finalization. The proposal was supported.