Draft resolution
1The Parliamentary Assembly
welcomes the ambitious reform programme put in place by the Ukrainian authorities
to address the demands made by the Ukrainian population during the
“Revolution of Dignity”. It recognises that these reforms take place
in a challenging environment, as a result of the Russian aggression in
eastern Ukraine and the illegal annexation of Crimea. While recognising
the links between the Minsk process and a number of reforms, the
Assembly emphasises that the absence of progress in the implementation
of the Minsk Agreements should not be used as an excuse for not
maintaining the pace of, or commitment to, the implementation of
the other reforms that are essential for the democratic consolidation
of the country. Much progress has been achieved in changing the
legal framework needed for the reforms. It is now important that these
legislative changes are implemented and translate into changes in
behaviour and practice.
Tabled by Mr Andrej HUNKO, Ms Annette GROTH, Ms Anastasia CHRISTODOULOPOULOU, Mr Tiny KOX, Mr George LOUCAIDES
In the draft resolution, paragraph 1, delete the words:
"The Parliamentary Assembly welcomes the ambitious reform programme put in place by the Ukrainian authorities to address the demands made by the Ukrainian population during the so-called "Revolution of Dignity". It recognises that these reforms take place in a challenging environment as a result of Russian aggression in eastern Ukraine and the illegal annexation of Crimea."
and insert the following words:
"The Parliamentary Assembly welcomes the ambitious reform programme put in place by the Ukrainian authorities to address the demands made by the Ukrainian population during the so-called "Revolution of Dignity" that ousted President Yanukovych after he postponed the signature of the association agreement with the EU. It recognises that these reforms take place in a challenging environment as a result of the civil war in eastern Ukraine and the illegal annexation of Crimea by Russia."
Tabled by Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Mr Oleksii GONCHARENKO, Mr Ihor HUZ, Mr Leonid YEMETS, Mr Andrii LOPUSHANSKYI, Mr Kostiantyn USOV, Mr Georgii LOGVYNSKYI, Ms Iryna GERASHCHENKO, Ms Mariia IONOVA, Mr Emanuelis ZINGERIS
In the draft resolution, after paragraph 1, insert the following paragraph:
"Given the role of the Council of Europe as the leading human rights organisation that provides high European legal standards and accumulates best practice in their implementation, the Assembly welcomes the close cooperation of Ukraine with the relevant bodies of the Council. Such interaction embraces support in the implementation of strategically important areas of domestic reform, including decentralisation, judicial and election legislation, the fight against corruption and the effective protection of human rights. A significant part of this support is provided in the Council of Europe's Action Plans for Ukraine, and the Assembly welcomes the considerable progress achieved in the implementation of the current Action Plan for the period 2015-2017."
2The Assembly expresses its concern about the hardening of
the political discourse following the Euromaidan events and the
war in eastern Ukraine, with opposing Ukrainian political forces
accusing each other of being traitors or extremists. While the past
needs to be addressed, the Assembly calls on all political forces
to overcome divisions and animosity and work together for the stability
and democratic consolidation of the country.
Tabled by Mr Andrej HUNKO, Ms Annette GROTH, Ms Anastasia CHRISTODOULOPOULOU, Mr Tiny KOX, Mr George LOUCAIDES
In the draft resolution, paragraph 2, replace the word "following" with the words "leading to".
Tabled by Mr Andrej HUNKO, Ms Annette GROTH, Ms Anastasia CHRISTODOULOPOULOU, Mr Tiny KOX, Mr George LOUCAIDES
In the draft resolution, paragraph 2, after the words "consolidation of the country", insert the following words:
"without playing on nationalistic and ethnically exclusive narratives. The problem of non-representation in the Verkhovna Rada of Ukrainian citizens from the eastern territories should be solved as soon as possible".
Tabled by Ms Yuliya LOVOCHKINA, Mr José CEPEDA, Mr Stefan SCHENNACH, Mr Philippe MAHOUX, Ms Gabriela HEINRICH, Mr Antonio GUTIÉRREZ LIMONES, Mr Florian KRONBICHLER, Ms Maryvonne BLONDIN, Mr Manuel TORNARE, Mr Pierre-Alain FRIDEZ, Ms Liliane MAURY PASQUIER, Ms Soraya RODRÍGUEZ RAMOS, Mr Vadym NOVYNSKYI, Mr Frank SCHWABE, Ms Geneviève GOSSELIN-FLEURY
In the draft resolution, after paragraph 2, insert the following paragraph:
"The Assembly is deeply concerned by the regular pressure imposed on political opposition in Ukraine. It recalls its Resolution 2132 (2016) in which it calls on the Ukrainian authorities, inter alia, "to follow international democratic standards" and urges the Ukrainian authorities to ensure the existence of an independent political opposition."
Tabled by Ms Yuliya LOVOCHKINA, Mr José CEPEDA, Ms Sílvia Eloïsa BONET, Mr Stefan SCHENNACH, Mr Philippe MAHOUX, Mr Constantinos EFSTATHIOU, Ms Gabriela HEINRICH, Ms Tineke STRIK, Mr Antonio GUTIÉRREZ LIMONES, Mr Florian KRONBICHLER, Ms Geneviève GOSSELIN-FLEURY, Ms Maryvonne BLONDIN, Mr Manuel TORNARE, Mr Pierre-Alain FRIDEZ, Ms Liliane MAURY PASQUIER, Ms Soraya RODRÍGUEZ RAMOS, Ms Gülsün BİLGEHAN, Mr Vadym NOVYNSKYI
In the draft resolution, after paragraph 2, insert the following paragraph:
"The Assembly also notes with concern that the rights of the parliamentary opposition are being violated. The Assembly considers that its Resolutions 1601 (2008) and 1154 (1998) should be followed up effectively, in particular when it has called on national parliaments, inter alia, to "give the opposition a status enabling it to play a responsible and constructive role", and the Assembly urges the Ukrainian authorities to ensure that all the rights of the parliamentary opposition in Ukraine are fully in line with the guidelines set out in Resolution 1601 (2008)."
3Polarisation and tensions have affected the media environment
in the same way as they have the political environment, resulting
in several attacks on journalists and media outlets, which is unacceptable. Welcoming
the condemnation of these attacks by the authorities, the Assembly
urges them to investigate the attacks fully and transparently and
to ensure that the perpetrators are brought to justice. It notes
that a number of Russian journalists and media representatives have
been declared a threat to national security and the constitutional
order and banned from entering Ukraine. While the concerns of the
Ukrainian authorities about Russia’s propaganda and information
war are legitimate and understandable, banning journalist from entering Ukraine
should only be applied as a measure of last resort.
Tabled by Mr Andrej HUNKO, Ms Annette GROTH, Ms Anastasia CHRISTODOULOPOULOU, Mr Tiny KOX, Mr George LOUCAIDES
In the draft resolution, paragraph 3, replace the words:
"While concerns by the Ukrainian authorities about Russia’s propaganda and information war are legitimate and understandable, banning journalist from entering Ukraine should only be applied as a measure of last resort."
with the following words:
"Given the propaganda and information war between Ukraine and Russia, banning journalists from entering Ukraine and ultimately limiting media freedom is a disproportionate response and should only be applied as a measure of last resort. The Assembly is concerned about the publication of names and addresses of thousands of journalists accredited in the Donbass region who were therefore unjustly accused of collaboration with the rebels, jeopardizing their personal integrity."
Tabled by Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Mr Oleksii GONCHARENKO, Mr Ihor HUZ, Mr Leonid YEMETS, Mr Andrii LOPUSHANSKYI, Mr Serhii SOBOLIEV, Mr Sergiy VLASENKO, Mr Georgii LOGVYNSKYI, Ms Iryna GERASHCHENKO, Ms Mariia IONOVA, Mr Emanuelis ZINGERIS
In the draft resolution, at the end of paragraph 3, insert the following words:
"in accordance with Articles 16 and 17 of the European Convention on Human Rights and Article 20 of the International Covenant on Civil and Political Rights".
4The Assembly reiterates the importance of comprehensive constitutional
reform for the successful implementation of the overall reform of
the country. It therefore warmly welcomes the priority given by
the authorities and the Verkhovna Rada to the constitutional reform
process and the results achieved to date. In particular, the Assembly:
4.1welcomes the close co-operation
with the European Commission for Democracy through Law (Venice Commission)
and the Congress of Local and Regional Authorities of the Council
of Europe in drafting the decentralisation chapter, on the basis
of the European Charter of Local Self-Government (ETS No. 122) and
other applicable Council of Europe standards. It recognises that
the adoption of this chapter is closely linked to progress in the
implementation of the Minsk Protocols, but emphasises that the decentralisation
process is important for the stability and democratic consolidation
of the country as a whole. The Assembly therefore expresses the
hope that progress in the implementation of the Minsk Protocols
by all signatories, in particular the Russian Federation, will allow
the amendments to be adopted in final reading in the near future;
(If adopted, amendments 14, 3, 20 falls)
Tabled by Ms Olena SOTNYK, Mr Serhii KIRAL, Mr Mark PRITCHARD, Mr Ján MAROSZ, Mr Viktor VOVK
In the draft resolution, paragraph 4.1, replace the second and third sentences with the following sentence:
"It herein underlines that the decentralisation process is important for the stability and democratic consolidation of the country as a whole;"
(Falls if amendment 11 is adopted)
Tabled by Mr Zsolt NÉMETH, Mr Tobias ZECH, Mr Andrzej HALICKI, Mr Killion MUNYAMA, Mr Ionuț-Marian STROE, Mr Emanuelis ZINGERIS
In the draft resolution, paragraph 4.1, second sentence, after the words "country as a whole" insert the following words:
", taking into account the ethnic composition as well as the specificities of historic regions."
(If adopted, amendment 20 falls)
(Falls if amendment 11 is adopted)
Tabled by Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Mr Kostiantyn USOV, Ms Iryna GERASHCHENKO, Ms Mariia IONOVA, Mr Sergiy VLASENKO, Mr Emanuelis ZINGERIS
In the draft resolution, paragraph 4.1, replace the words "the hope that progress in the implementation of the Minsk Protocols by all signatories, in particular the Russian Federation, will allow the amendments to be adopted in final reading in the near future" with the following words:
"hope for progress in the implementation of the Minsk Protocols by all signatories, in particular by the Russian Federation".
(Falls if amendments 11, 3 are adopted)
Tabled by Mr Andrej HUNKO, Ms Annette GROTH, Ms Anastasia CHRISTODOULOPOULOU, Mr Tiny KOX, Mr George LOUCAIDES
In the draft resolution, paragraph 4.1, delete the following words:
", in particular the Russian Federation, will allow the amendments to be adopted in final reading in the near future".
4.2welcomes the adoption in final reading of the constitutional
amendments with regard to the judiciary and justice system, which
remove important obstacles to the reform of the judiciary, in line
with Council of Europe norms and standards. It calls on the authorities,
and especially the Verkhovna Rada, to promptly adopt all required
implementing legislation as well as, where necessary, to amend existing legislation
to implement these constitutional amendments;
4.3particularly welcomes the abolition of the general oversight
function of the Prosecutor General, which was contrary to European
standards. It underscores that by abolishing this oversight function, Ukraine
has honoured one of its remaining accession commitments to the Council
of Europe.
5The Assembly expects the adoption of the constitutional amendments
to give new impetus to the reform of the judiciary with a view to
ensuring its genuine independence from external and internal interference
and influence. The Assembly therefore:
5.1welcomes the adoption of a new law on the Supreme Court
in line with the constitutional amendments;
Tabled by Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Mr Oleksii GONCHARENKO, Mr Ihor HUZ, Mr Leonid YEMETS, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Ms Iryna GERASHCHENKO, Ms Mariia IONOVA, Mr Emanuelis ZINGERIS
In the draft resolution, paragraph 5.1, replace the words "Supreme Court" with the following words:
"judicial system and the status of judges".
5.2takes note of the proposed amendments to the law on the
Constitutional Court, which, in the view of the Venice Commission,
are an improvement on the current legislation; it encourages the
authorities to address the remaining recommendations of the Venice
Commission, in particular with regard to individual complaints to
the Constitutional Court;
5.3takes note of the fact that the draft law on the High
Council of Justice was drafted in close co-operation with the Council
of Europe and encourages the authorities to ensure that all recommendations are
reflected in the law to be adopted by the Verkhovna Rada, in order
to ensure its full compatibility with Council of Europe standards
in this field.
Tabled by Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Mr Kostiantyn USOV, Mr Oleksii GONCHARENKO, Mr Ihor HUZ, Mr Leonid YEMETS, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Ms Iryna GERASHCHENKO, Ms Mariia IONOVA, Mr Emanuelis ZINGERIS
In the draft resolution, paragraph 5.3, replace the words "encourages the authorities to ensure that all recommendations are reflected in the law to be adopted by the Verkhovna Rada, in order to ensure its full compatibility with Council of Europe standards in this field" with the following words:
"welcomes the adoption by the Verkhovna Rada of this law, which reflects the recommendations of the Council on Europe and is compatible with its standards in this field".
Tabled by Mr Andrej HUNKO, Ms Annette GROTH, Ms Anastasia CHRISTODOULOPOULOU, Mr Tiny KOX, Mr George LOUCAIDES
In the draft resolution, after paragraph 5.3, insert the following paragraph:
"calls for an investigation of the targeted killings at the Maidan protests in February 2014, the massacre in the union building in Odessa on 2 May 2014 and the murders of many political figures."
6In the view of the Assembly, the constitutional reform process
should not be limited to the decentralisation and judicial chapters
but also address other areas where deficiencies have been noted, including
with regard to the division of powers.
7The Assembly expresses its disquiet about the human rights
concerns that have been raised with regard to the law on lustration.
It therefore urges the Verkhovna Rada to adopt, without delay, the
amendments to this law that were prepared in co-operation with the
Venice Commission in order to address these concerns and to look
for additional measures to ensure that all the recommendations in
the Final Opinion of the Venice Commission are reflected in the
law and that the implementation of the law is fully in line with
European standards.
Tabled by Mr Andrej HUNKO, Ms Annette GROTH, Ms Anastasia CHRISTODOULOPOULOU, Mr Tiny KOX, Mr George LOUCAIDES
In the draft resolution, at the end of paragraph 7, insert the following words:
"Likewise the Assembly calls for the amendment of the "law on the condemnation of the communist and national socialist (Nazi) regimes and prohibition of propaganda of their symbols" along the lines of the opinion of the Venice Commission and for the annulment of the liquidation of the Communist Party."
8In the view of the Assembly, the widespread corruption in
Ukraine continues to be a main point of concern. The prolonged absence
of marked and concrete progress in this area, including with regard
to prosecutions and convictions, could potentially diminish the
effects of the ambitious reform agenda of the authorities and, in
the long run, undermine public trust in the political and judicial
system as a whole. In this context, the Assembly is concerned that
the pace of the fight against corruption is too slow, and concrete results
are too limited. Moreover, it reiterates its concern about the intertwinement
of political and economic interests in the country’s political environment,
which influences public perception and can hinder the fight against
corruption. The Assembly therefore welcomes the establishment of
the main institutional framework to fight corruption in the country
and expects this to now lead to tangible and concrete results, including
with regard to prosecutions and convictions. In particular, the
Assembly:
Tabled by Mr Andrej HUNKO, Ms Annette GROTH, Ms Anastasia CHRISTODOULOPOULOU, Mr Tiny KOX, Mr George LOUCAIDES
In the draft resolution, replace paragraph 8 with the following paragraph:
"In the view of the Assembly, the endemic corruption in Ukraine continues to be a main point of concern. The prolonged absence of marked and concrete progress in this area, including in prosecutions and convictions, is diminishing the effects of the ambitious reform programme of the authorities and, in the long run, undermining public trust in the political and judicial system as a whole. In this context, the Assembly is concerned by the lack of any systemic fight against corruption. Moreover, it reiterates its concern about the intertwining of political and economic interests in the country’s political environment and the continuation of oligarchic structures that hinders the fight against corruption. The Assembly therefore welcomes the establishment of the main institutional framework to fight corruption in the country and calls for tangible and concrete results, including with regard to prosecutions and convictions. In particular the Assembly:".
8.1welcomes the implementation
of the e-declaration system and calls on the authorities to ensure that
the National Agency for the Prevention of Corruption has the required
resources to audit the declarations;
Tabled by Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Mr Kostiantyn USOV, Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Mr Ihor HUZ, Mr Leonid YEMETS, Mr Andrii LOPUSHANSKYI, Mr Serhii SOBOLIEV, Mr Sergiy VLASENKO, Mr Georgii LOGVYNSKYI, Ms Iryna GERASHCHENKO, Ms Mariia IONOVA, Mr Emanuelis ZINGERIS
In the draft resolution, paragraphe 8.1, replace the words "for the Prevention of Corruption" with the following words:
"on Corruption Prevention".
8.2calls on the authorities to ensure that the Specialised
Anti-Corruption Prosecutor has sufficient resources to execute his/her
tasks, including to open offices in all regions of the country;
8.3encourages the authorities to establish a specialised
anti-corruption court, and to fight the wide spread corruption in
the judiciary, which is essential for the success of the fight against
overall corruption;
8.4welcomes the adoption of the law on the civil service
and calls on the authorities to ensure the speedy adoption of all
implementing legislation.
9The Assembly reiterates its call for the adoption of a unified
Election Code that introduces a regional proportional election system
and is fully in line with European standards. The Assembly expresses
its concern about the fact that Article 81 of the Constitution of
Ukraine allows for the dismissal of a member of parliament who switches
his/her allegiance to a party or faction other than the one in respect
of which he/she was elected. This is contrary to European standards
and this constitutional article should be amended in the context
of the ongoing constitutional reform. For the same reasons, the
Assembly urges the Verkhovna Rada to abrogate the recent amendments
to the law on the election of people’s deputies that allow political
parties to ex post facto change
the 2016 party lists of candidates.
Tabled by Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Mr Kostiantyn USOV, Mr Oleksii GONCHARENKO, Mr Ihor HUZ, Mr Leonid YEMETS, Mr Andrii LOPUSHANSKYI, Mr Georgii LOGVYNSKYI, Ms Iryna GERASHCHENKO, Ms Mariia IONOVA, Mr Emanuelis ZINGERIS
In the draft resolution, paragraph 9, replace the first sentence with the following sentence:
"The Assembly calls for the adoption of comprehensive electoral reform, in line with European standards, to harmonise electoral law regulating all types of elections."
10The Assembly notes that the Verkhovna Rada has postponed the
ratification of the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (CETS No.
210, “Istanbul Convention”). It encourages the Verkhovna Rada to
place it again on its agenda and to ensure the speedy ratification
of this important instrument.
11The Assembly notes that individual members of the Verkhovna
Rada have appealed the Law on State Languages to the Constitutional
Court, claiming the unconstitutionality of some of its provisions
as well as the manner in which it was adopted. Emphasising the importance
of the continuation of an inclusive policy towards minority languages
for the stability of the country, the Assembly calls on the authorities
to ensure that, in the event that the Law on State Languages is
repealed by the Court, the low threshold for the use of minority languages
contained in that law is maintained.
Tabled by Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Mr Kostiantyn USOV, Mr Oleksii GONCHARENKO, Mr Ihor HUZ, Mr Leonid YEMETS, Mr Andrii LOPUSHANSKYI, Mr Serhii SOBOLIEV, Mr Sergiy VLASENKO, Mr Georgii LOGVYNSKYI, Ms Iryna GERASHCHENKO, Ms Mariia IONOVA, Mr Emanuelis ZINGERIS
In the draft resolution, paragraph 11, replace the words "on State languages" with the following words:
"on the Principles of the State Language Policy".
Tabled by Mr Zsolt NÉMETH, Mr Tobias ZECH, Ms Ingjerd Schie SCHOU, Mr Andrzej HALICKI, Mr Killion MUNYAMA, Ms Ria OOMEN-RUIJTEN, Mr Ionuț-Marian STROE, Mr Emanuelis ZINGERIS
In the draft resolution, paragraph 11, after the first sentence, insert the following sentence:
"The Assembly expresses its concerns that some projects aim at narrowing the current rights of national minorities (for example, the draft Law on State Language or the draft Law on Education)."
Tabled by Mr Zsolt NÉMETH, Mr Tobias ZECH, Ms Ingjerd Schie SCHOU, Ms Kristin Ørmen JOHNSEN, Mr Andrzej HALICKI, Mr Killion MUNYAMA, Ms Ria OOMEN-RUIJTEN, Mr Ionuț-Marian STROE, Mr Emanuelis ZINGERIS
In the draft resolution, paragraph 11, after the first sentence, insert the following sentence:
"It is of foremost importance that, under the legal regulations to be modified, national minorities can preserve the present rights to use their minority languages which are provided by the Constitution and by all international commitments of the country."
Tabled by Mr Volodymyr ARIEV, Mr Kostiantyn USOV, Mr Leonid YEMETS, Mr Sergiy VLASENKO, Ms Mariia IONOVA, Mr Vladyslav GOLUB, Mr Emanuelis ZINGERIS
In the draft resolution, after paragraph 11, insert the following paragraph:
"Referring to its Resolution 1988 (2014) on recent developments in Ukraine: threats to the functioning of democratic institutions, the Assembly reaffirms its position that Russian military aggression against Ukraine, launched with the illegal annexation of Crimea and the continued occupation of eastern Ukraine, is in clear violation of international law, including the Charter of the United Nations, the Helsinki Final Act, and the Statute and Basic Principles of the Council of Europe, and continues to represent the main risk of destabilisation and deterioration of the security regime in the whole region and the main threat to the functioning of democratic institutions in Ukraine."
Tabled by Mr Volodymyr ARIEV, Mr Georgii LOGVYNSKYI, Mr Kostiantyn USOV, Ms Mariia IONOVA, Mr Vladyslav GOLUB, Mr Leonid YEMETS, Mr Emanuelis ZINGERIS
In the draft resolution, after paragraph 11, insert the following paragraph:
"In this regard, the Assembly encourages all relevant bodies of the Council of Europe to further provide Ukraine with necessary expert assistance aimed at strengthening democratic institutions, to continue monitoring the situation in and around Ukraine and to take all possible steps to make the Russian Federation uphold its obligations under international law and international commitments in order to ensure respect for human rights in annexed Crimea and the release of all Ukrainian political prisoners and illegally detained persons."
