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23 September 2020, 12:02
Medical self-government and additional restrictions to prevent illegal hunting
The Committee on Ukraine's Integration into the EU at its meeting on
September 23 considered 20 draft laws, which propose changes to the
current legislation of Ukraine.
The Committee named the following draft laws as consistent with the EU law and Ukraine's international obligations in the field of European integration:
- Draft Law No. 3196 on improving the organizational and legal framework of the Security Service of Ukraine. In the opinion of the Committee, the purpose of the document is in line with the Association Agreement, but needs to be significantly modified to clarify the implementation of the goal it claims.
- Draft Law No. 3892 on compensation for victims of violent crimes. The document defines the conditions for providing social assistance to people who have suffered from criminal offences. The Committee concluded that the document complied with Ukraine’s international legal obligations.
- Draft Law No. 3893 on Amendments to the Code of Ukraine on Administrative Offences and the Criminal Procedure Code of Ukraine to provide a mechanism for compensating victims of violent crimes. The draft law is an alternative to draft law No.3892 and also does not contradict Ukraine’s international legal obligations, according to the Committee’s opinion.
- Draft law No. 2477 on amendments to the Customs Code of Ukraine in connection with the adoption of the Law of Ukraine “On Standardization”. The authors of the draft say it is designed to bring national legislation on standardization in various fields in line with international and European requirements. According to the Committee, this document also does not contradict Ukraine’s international legal obligations.
- The same conclusion was adopted by the members of the Committee with regards to the Draft Law No. 3715, which proposes to exclude the possibility of procurement without the use of an electronic procurement system.
- Draft Law No. 3957. The document proposes to extend the deadlines for the publication of annual financial reports of large and medium-sized enterprises, as well as those enterprises operating in the extractive industries. The document, according to the Committee, does not contradict Ukraine’s international legal obligations, but needs to be finalized in terms of eliminating inconsistencies in terms of preparation and publication of reports on payments to the state by economic entities operating in the mining industry.
- Draft Law No. 3958 offers to minimize corruption risks and prevent restrictions of competition in the natural gas market. The draft law determines the method of forming the starting price for the sale of natural gas, which will be sold at stock auctions. The members of the Committee concluded that the draft did not contradict the EU law and needed to be finalized in line with the Committee's comments. At the same time, in accordance with paragraph 5 of Annex XXVII-A of the Association Agreement, Ukraine is obliged to consult with the European Commission on the alignment of the draft law with the EU law.
- Draft Law No. 4066 on the National Commission for State Regulation of Electronic Communications, Radio Frequency Spectrum and Provision of Postal Services of Ukraine. The document, in particular, proposes rules for the transparent appointment of members of the Communications Services Regulator on an open competition basis. The document did not contradict Ukraine’s international legal obligations in the field of European integration, the Committee decided, but needed significant revision taking into account the EU Directives in terms of the powers of the regulatory body.
- Draft No.3686. Proposes to increase the maximum amount of money transfer within Ukraine from 5 to 25 thousand hryvnias without person’s identification. The document, in the opinion of the Committee, is in line with the objectives of the Association Agreement with the EU, but needs to be finalized to correctly specify the amount of the transfer.
- Draft Law No. 3952 on Amendments to Certain Legislative Acts to Ensure Transparency of Information on Remuneration Amounts in State-Owned Companies. The document does not contradict the EU law.
- Draft Law No. 2445-d. The document proposes to regulate medical professions self-government. The authors say that such a model of health care management is widespread in European countries, and its implementation in Ukraine should become a component of health care reform. The document does not contradict Article 21 of Directive 2005/36/EC, but needs to be revised to take into account comments.
- Draft laws No. 3964 and No. 3965 on renaming the Fund for Social Protection of the Disabled and bringing the terminology in line with the legislation in the field of social protection of persons with disabilities. Both drafts complied with Ukraine’s international legal obligations in the field of European integration, the Committee concluded.
- Draft Law No. 3200. The document proposes to prohibit the use of optoelectronic devices and night vision devices during hunting. The draft does not contradict the Association Agreement and Ukraine’s international legal obligations in the field of wildlife protection, but at the same time needs to be modified to take into account the comments of the Committee’s opinion.
The Committee members called the following draft laws inconsistent with Ukraine's international legal obligations in the field of European integration:
- Draft law No. 3217 on amendments to Article 2 of the Law of Ukraine “On Public Procurement”. The document proposes to simplify public procurement of medicines, goods, services and works in connection with the COVID-19 pandemic, in particular, to cancel tenders for such procurement. These provisions, in the opinion of the Committee members, do not correspond to Ukraine’s international legal obligations for the European integration.
- Draft Law No. 3200-1 on Improving Legislation in the Field of Hunting, as well as Combating Poaching. The draft law proposes to allow hunting in some nature reserves. Now it is forbidden. The document does not meet the objectives of the Association Agreement and Ukraine’s international legal obligations in the field of wildlife protection, according to the Committee.
The Committee named the following draft laws as consistent with the EU law and Ukraine's international obligations in the field of European integration:
- Draft Law No. 3196 on improving the organizational and legal framework of the Security Service of Ukraine. In the opinion of the Committee, the purpose of the document is in line with the Association Agreement, but needs to be significantly modified to clarify the implementation of the goal it claims.
- Draft Law No. 3892 on compensation for victims of violent crimes. The document defines the conditions for providing social assistance to people who have suffered from criminal offences. The Committee concluded that the document complied with Ukraine’s international legal obligations.
- Draft Law No. 3893 on Amendments to the Code of Ukraine on Administrative Offences and the Criminal Procedure Code of Ukraine to provide a mechanism for compensating victims of violent crimes. The draft law is an alternative to draft law No.3892 and also does not contradict Ukraine’s international legal obligations, according to the Committee’s opinion.
- Draft law No. 2477 on amendments to the Customs Code of Ukraine in connection with the adoption of the Law of Ukraine “On Standardization”. The authors of the draft say it is designed to bring national legislation on standardization in various fields in line with international and European requirements. According to the Committee, this document also does not contradict Ukraine’s international legal obligations.
- The same conclusion was adopted by the members of the Committee with regards to the Draft Law No. 3715, which proposes to exclude the possibility of procurement without the use of an electronic procurement system.
- Draft Law No. 3957. The document proposes to extend the deadlines for the publication of annual financial reports of large and medium-sized enterprises, as well as those enterprises operating in the extractive industries. The document, according to the Committee, does not contradict Ukraine’s international legal obligations, but needs to be finalized in terms of eliminating inconsistencies in terms of preparation and publication of reports on payments to the state by economic entities operating in the mining industry.
- Draft Law No. 3958 offers to minimize corruption risks and prevent restrictions of competition in the natural gas market. The draft law determines the method of forming the starting price for the sale of natural gas, which will be sold at stock auctions. The members of the Committee concluded that the draft did not contradict the EU law and needed to be finalized in line with the Committee's comments. At the same time, in accordance with paragraph 5 of Annex XXVII-A of the Association Agreement, Ukraine is obliged to consult with the European Commission on the alignment of the draft law with the EU law.
- Draft Law No. 4066 on the National Commission for State Regulation of Electronic Communications, Radio Frequency Spectrum and Provision of Postal Services of Ukraine. The document, in particular, proposes rules for the transparent appointment of members of the Communications Services Regulator on an open competition basis. The document did not contradict Ukraine’s international legal obligations in the field of European integration, the Committee decided, but needed significant revision taking into account the EU Directives in terms of the powers of the regulatory body.
- Draft No.3686. Proposes to increase the maximum amount of money transfer within Ukraine from 5 to 25 thousand hryvnias without person’s identification. The document, in the opinion of the Committee, is in line with the objectives of the Association Agreement with the EU, but needs to be finalized to correctly specify the amount of the transfer.
- Draft Law No. 3952 on Amendments to Certain Legislative Acts to Ensure Transparency of Information on Remuneration Amounts in State-Owned Companies. The document does not contradict the EU law.
- Draft Law No. 2445-d. The document proposes to regulate medical professions self-government. The authors say that such a model of health care management is widespread in European countries, and its implementation in Ukraine should become a component of health care reform. The document does not contradict Article 21 of Directive 2005/36/EC, but needs to be revised to take into account comments.
- Draft laws No. 3964 and No. 3965 on renaming the Fund for Social Protection of the Disabled and bringing the terminology in line with the legislation in the field of social protection of persons with disabilities. Both drafts complied with Ukraine’s international legal obligations in the field of European integration, the Committee concluded.
- Draft Law No. 3200. The document proposes to prohibit the use of optoelectronic devices and night vision devices during hunting. The draft does not contradict the Association Agreement and Ukraine’s international legal obligations in the field of wildlife protection, but at the same time needs to be modified to take into account the comments of the Committee’s opinion.
The Committee members called the following draft laws inconsistent with Ukraine's international legal obligations in the field of European integration:
- Draft law No. 3217 on amendments to Article 2 of the Law of Ukraine “On Public Procurement”. The document proposes to simplify public procurement of medicines, goods, services and works in connection with the COVID-19 pandemic, in particular, to cancel tenders for such procurement. These provisions, in the opinion of the Committee members, do not correspond to Ukraine’s international legal obligations for the European integration.
- Draft Law No. 3200-1 on Improving Legislation in the Field of Hunting, as well as Combating Poaching. The draft law proposes to allow hunting in some nature reserves. Now it is forbidden. The document does not meet the objectives of the Association Agreement and Ukraine’s international legal obligations in the field of wildlife protection, according to the Committee.