Verkhovna Rada of Ukraine

At its meeting on June 2, the Committee on Ukraine's Integration into the EU considered three draft laws aimed at strengthening country s energy security. These are draft Laws No. 5208, No. 5208-1 and No. 5208-2. The draft law No. 5208, in particular, provides for the authority of the Regulator to restrict or prohibit the import of electricity from the aggressor country. According to the Committee, the draft does not contradict the EU law and the Association Agreement. At the same time, in accordance with Annex XXVII-A of the Association Agreement, Ukraine is obliged to consult with the European Commission on the compatibility of all drafts in energy sector with the EU law. Therefore, consideration of the draft should be postponed until the opinion of the European Commission is obtained. The same conclusion was issued for the alternative draft laws No. 5208-1 and No. 5208-2. Draft law No. 5208-1 proposes to set clear deadlines for the integration of the United Energy System of Ukraine into the continental European zone ENTSO-E.

The Committee also recognized the following draft laws as consistent with EU law:

Draft Law No. 5336 on Criminal Liability for Torture. Its purpose is to bring the provisions of the Criminal Code of Ukraine in line with the provisions of the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment. The document does not contradict Ukraine s international legal obligations in the field of European integration.

Draft Law No. 5060 on Administrative Offences regarding the Use of Electronic Evidence. The draft proposes to supplement Article 251 of the Code of Ukraine on Administrative Offenses with the definition of electronic evidence, as well as to regulate the issues of investigation, seizure and use of such information in cases of administrative offences.

Draft Law No. 4170 on improving the mechanism of state control over the sale of tobacco products. The document, in particular, sets new requirements for obtaining a license to sale tobacco products. According to the Committee, the draft law does not contradict Ukraine s international legal obligations in the field of European integration, but needs to be assessed by the Antimonopoly Committee.

Draft Law No. 5315 on Insurance. It provides for a new procedure for obtaining a license to carry out insurance activities with the possibility of its narrowing and expansion. The draft does not contradict the Association Agreement, but needs to be substantially revised, in particular to take into account of the provisions of Directive 2009/138 and to eliminate legal uncertainty.

Draft law No 4557. The draft provides for the possibility of changing the currency under foreign currency loans to Hryvnia. All banks operating in Ukraine, upon a written application of citizens of Ukraine who have unfulfilled obligations under loan agreements in foreign currency, are obliged within 1 month after receiving the application from the borrower to restructure the obligations under the loan agreement, - the draft law states. In terms of purpose, the draft does not contradict the Association Agreement, but needs to be finalized in order to bring it in line with the provisions of Directive 2014/17.

Draft Law No. 5431-1. The document envisages reform of the legislation on protection of economic competition and, in this connection, improvement of the activity of the Antimonopoly Committee of Ukraine. In its purpose, the document does not contradict the Association Agreement, but needs to be finalized in order to bring it in line with the provisions of Regulation 139/2004.

Draft Law No. 4598 on the prohibition of sexism in society. The Committee stated that draft law No. 4598 did not contradict the objectives of the Association Agreement, the EU law and Ukraine s obligations under the Council of Europe. At the same time, there is no such concept as “sexism” in the EU law, while discrimination on any grounds is prohibited. The same conclusions were adopted by the Committee on two alternative draft laws No. 4598-1 and No. 4598-2.