ACTION PLAN for the Honouring by Ukraine of its Obligations and Commitments to the Council of Europe (approved at the 3rd plenary meeting of the National Commission on 27 December 2005)
Unofficial translation
Decree of the President of Ukraine
On the Action Plan for the Honouring by Ukraine
of its Obligations and Commitments
to the Council of Europe
In view of honouring obligations and commitments of Ukraine to the Council of Europe, achieving compliance with the Copenhagen political criteria of the European Union membership and taking into account the Parliamentary Assembly of the Council of Europe's Resolution No. 1466 and Recommendation No. 1722 of 5 October 2005, I hereby decree:
1. To approve the Action Plan for the Honouring by Ukraine of its Obligations and Commitments to the Council of Europe, which is appended hereto.
2. The Cabinet of Ministers of Ukraine shall ensure the coordination of the execution of the Action Plan by central bodies of the executive power as well as the control over the observance of the set deadlines.
3. The Ministry of Justice of Ukraine shall submit to the Cabinet of Ministers of Ukraine quarterly reports on the implementation of the Action Plan for their analysis and subsequent informing of the President of Ukraine.
| President of Ukraine Kyiv, 20 January 2006 No. 39/2006 | Viktor YUSHCHENKO |
APPROVED
by the Decree of the President of Ukraine
of 20 January 2006
No. 39/2006
ACTION PLAN
for the honouring by Ukraine of its obligations and commitments
to the Council of Europe
1. In order to ensure the functioning of democratic institutions and the rule of law:
1) prepare the Draft Law on the Amendments to the Constitution of Ukraine, taking into account opinion of the Venice Commission and paragraph 14 of the Parliamentary Assembly of the Council of Europe's Resolution 1466 (2005) (hereinafter – PACE Resolution 1466);
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 1 April 2006
2) create proper legal conditions to implement provisions of the Constitution of Ukraine with regard to the functioning of main democratic institutions of power and to that end:
ensure finalisation and follow up in the Verkhovna Rada of Ukraine the draft Laws on the Cabinet of Ministers of Ukraine and on the President of Ukraine (subparagraph 12.1. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – until the adoption of the laws
submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Law on Ministries and Other Central Bodies of the Executive Power (the Parliamentary Assembly of the Council of Europe Report on the honouring of obligations and commitments by Ukraine, October 2005) (hereinafter – PACE Report);
Ministry of Justice of Ukraine
Term – within one month after the Law of Ukraine "On the Cabinet of Ministers of Ukraine" is adopted
follow up in the Verkhovna Rada of Ukraine the Draft Law on Temporary Inquiry and Special Commissions of the Verkhovna Rada (subparagraph 12.2. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – till the adoption of the law
prepare and submit according to the established procedure to the Cabinet of Ministers of Ukraine proposals on the Draft Law on the Parliamentary Opposition (subparagraph 12.2. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 1 June 2006
3) create conditions to ensure pluralism in the coverage by the mass media of events and processes taking place in Ukraine and abroad, and to that end:
follow up in the Verkhovna Rada of Ukraine the Draft Law on the Amendments to the Law of Ukraine "On the System of Public Broadcasting" (subparagraph 12.4. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
prepare and submit according to the established procedure to the Cabinet of Ministers of Ukraine for the following submission to the Verkhovna Rada of Ukraine the draft Laws:
- on the restriction of the influence of state and local self-government bodies on the print media (subparagraph 12.4. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
State Committee on Television and Radio Broadcasting
Term – 1 April 2006
- on the amendments to some laws of Ukraine concerning guarantees of the transparency of the mass media ownership (subparagraph 12.4. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
National Council on Television and Radio Broadcasting
Term – 1 May 2006
- on the amendments to the Law of Ukraine "On State Support of the Mass Media and Social Protection of Journalists" concerning the creation of equal conditions for the activity of the mass media (subparagraph 12.4. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
State Committee on Television and Radio Broadcasting
Term – 1 May 2006
ensure finalisation of the draft new wording of the Law of Ukraine "On Television and Radio Broadcasting" in accordance with Council of Europe standards, follow up this Draft Law in the Verkhovna Rada of Ukraine (subparagraph 12.4. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
4) ensure independence and effectiveness of the judiciary, completion of the judicial reform, and to that end:
prepare, with participation of the Supreme Court of Ukraine, and submit according to the established procedure to the President of Ukraine the Draft Concept on the Reform of the Judiciary and the Judicial Procedure in Ukraine and the Draft Action Plan to implement thereof (PACE Report);
Ministry of Justice of Ukraine,
State Judicial Administration of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 1 March 2006
prepare and submit according to the established procedure to the President of Ukraine the Draft Law on the amendments to the legislation of Ukraine on the judiciary and the judicial process in Ukraine, in particular, with regard to:
streamlining the system of courts, bringing it in compliance with the Constitution of Ukraine;
enhancing rules on the maintenance of courts and the remuneration of judges;
enhancing the order of appointment of presidents of the courts, limiting the scope of their authority;
introducing a transparent competitive system of selection of judges and an efficient system of education and training of judges, introducing a random distribution of cases among judges within one court;
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – within a month after the adoption of the Concept on the Reform of the Judiciary and the Judicial Procedure in Ukraine
submit proposals on the improvement of the order of funding of courts (PACE Report);
Cabinet of Ministers of Ukraine
Term – 1 April 2006
prepare, with participation of the Supreme Court of Ukraine, and submit according to the established procedure to the President of Ukraine the Draft Law on the Court Fee (PACE Report);
Ministry of Justice of Ukraine
Term – 1 April 2006
consider the issue of the abolishment of legal acts of the Cabinet of Ministers of Ukraine which provide for the possibility of funding or other maintenance of courts from local budgets (PACE Report);
Cabinet of Ministers of Ukraine
Term – 1 March 2006
follow up in the Verkhovna Rada of Ukraine the draft laws on the abolishment of military courts (PACE Report);
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
5) follow up in the Verkhovna Rada of Ukraine the Draft Law on the new wording of the Law on the Bar concerning the establishment in Ukraine of a professional self-governing institution of the Bar according to Council of Europe standards, reinforcing the guarantees of advocates' activity (Parliamentary Assembly of the Council of Europe's Opinion No. 190 (1995) of 26 September 1995 (hereinafter – PACE Opinion No. 190);
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
6) prepare, with participation of the Supreme Court of Ukraine and according to opinion of the Venice Commission and PACE Recommendation 1604 (2003), and submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Law on the new wording of the Law of Ukraine "On the Prokuratura" concerning the transformation of the Prokuratura into a democratic institution, whose functions are in compliance with principles of the rule of law (PACE Opinion No.190, subparagraph 13.4. of the PACE Resolution 1466)
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 1 September 2006
7) take relevant measures to approximate the legal framework of the activity of law enforcement bodies with European standards, to reinforce the democratic control in this sphere, and to that end:
submit according to the established procedure to the President of Ukraine proposals on the reform of the system of bodies of internal affairs (PACE Report);
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law,
Interdepartmental Commission on the Reform of the Law Enforcement Bodies
Term – 1 May 2006
follow up in the Verkhovna Rada of Ukraine the Draft Law on the National Guard (PACE Report);
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
prepare, taking into account the constitutional amendments and the necessity to the bring functions and powers of the Security Service of Ukraine in compliance with European standards, in particular PACE Recommendations 1402 (1999) and 1743 (2005), and submit according to the established procedure to the President of Ukraine a new wording of the Law of Ukraine "On the Security Service of Ukraine" (subparagraph 13.5. of the PACE Resolution 1466);
National Commission for the Strengthening of Democracy and the Rule of Law,
Interdepartmental Commission on the Reform of the Law Enforcement Bodies,
Security Service of Ukraine,
Ministry of Justice of Ukraine
Term – 1 May 2006
8) complete the reform of the penitentiary system and carry out further humanisation of the criminal legislation and the system of punishment execution, and to that end:
submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Law on the new wording of the Code of Criminal Procedure, ensure its public examination (PACE Opinion No. 190, subparagraph 13.6. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 15 October 2006
take measures to solve the issue of the subordination of the State Department of Ukraine on Punishment Execution (PACE Opinion No. 190, subparagraph 13.7. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – 1 April 2006
ensure implementation of recommendations of the Committee for the Prevention of Torture (CPT) and continue the practice of authorising the publication of CPT reports with respect to Ukraine (subparagraph 13.7. of the PACE Resolution 1466);
State Department of Ukraine on Punishment Execution,
Ministry of the Interior of Ukraine,
Security Service of Ukraine,
Ministry of Justice of Ukraine
Term - constantly
carry out systematically, with participation of the Supreme Court of Ukraine and the Prosecutor General's Office, informational campaign on the need to apply pre-trial detention only in exceptional cases and priority of application of alternative preventive measures (PACE Report);
Ministry of the Interior of Ukraine,
Security Service of Ukraine,
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term - constantly
submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Law on the amendments to the Criminal Code of Ukraine and the Criminal Execution Code of Ukraine concerning the humanisation of the criminal and criminal execution legislation (PACE Report);
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 1 May 2006
submit according to the established procedure to the President of Ukraine the Draft Law on the Ratification of the European Convention on the Compensation of Victims of Violent Crimes and the Draft Law on the bringing Ukrainian legislation in compliance with its provisions (PACE Report);
Ministry of Foreign Affairs of Ukraine,
Ministry of Justice of Ukraine
Term – 1 March 2006
9) take measures aimed at the eradication of corruption and money laundering, and to that end:
submit according to the established procedure to the President of Ukraine the Draft National Strategy on the Prevention and Fight Against Corruption and Action Plan of its implementation (PACE Report);
Cabinet of Ministers of Ukraine
Term – 1 March 2006
prepare for the following submission to the Verkhovna Rada of Ukraine the draft laws on:
- ratification of the Council of Europe Criminal Law Convention on Corruption and Additional Protocol thereto, ratification of the UN Convention against Corruption (subparagraph 13.8. of the PACE Resolution 1466, subparagraph 2.4.1. of the Parliamentary Assembly of the Council of Europe's Recommendation 1722 (2005) of 5 October 2005 (hereinafter – PACE Recommendation 1722));
- introduction of the criminal responsibility of legal persons (PACE Report);
- new wording of the Law of Ukraine "On the Fight against Corruption" (PACE Report);
Secretariat of the President of Ukraine,
Ministry of Justice of Ukraine
Term – 20 February 2006
submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Code of Ethics of Public Servants (PACE Report);
Ministry of Justice of Ukraine,
Main Department of the State Service of Ukraine
Term – 1 April 2006
submit according to the established procedure to the President of Ukraine the Draft Law on the new wording of the Law of Ukraine "On the State Service" (PACE Report);
Cabinet of Ministers of Ukraine
Term – 1 March 2006
prepare with participation of relevant central bodies of the executive power and submit according to the established procedure to the President of Ukraine the Draft Law on the Ratification of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (PACE Report);
Ministry of Foreign Affairs of Ukraine,
Ministry of Justice of Ukraine
Term – 1 March 2006
10) take measures to eradicate trafficking in human beings, in particular submit according to the established procedure to the President of Ukraine the Draft Law on the Ratification of the Council of Europe Convention on Action against Trafficking in Human Beings (subparagraph 13.9. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine,
Ministry of Foreign Affairs of Ukraine,
Ministry of Justice of Ukraine
Term – 15 February 2006
2. In order to ensure the protection of human rights and freedoms:
1) create conditions for the execution of judgements of the European Court of Human Rights, ensuring the right to individual application, promote the reform of the European Court of Human Rights, and to that end:
ensure full and speedy execution of judgments of the European Court of Human Rights against Ukraine in terms of individual and general measures (subparagraph 13.10. of the PACE Resolution 1466, subparagraph 2.4.2. of the PACE Recommendation 1722);
Government's Agent at the European Court of Human Rights, Ministry of Justice of Ukraine,
other central bodies of the executive power
Term – constantly
seek friendly settlement with applicants to the European Court of Human Rights in repetitive cases (PACE Report);
Government's Agent at the European Court of Human Rights, Cabinet of Ministers of Ukraine
Term – constantly
prepare proposals, taking into account international experience, to the Draft Law on the Enforcement of Judgments and the Application of the Case-Law of the European Court of Human Rights and follow up thereof in the Verkhovna Rada of Ukraine (subparagraph 13.10. of the PACE Resolution 1466)
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
submit according to the established procedure to the President of Ukraine for the following submission to the Verkhovna Rada of Ukraine the Draft Law on the Ratification of the Protocol No.14 to the Convention for the Protection of Human Rights and Fundamental Freedoms (subparagraph 13.10. of the PACE Resolution 1466);
Ministry of Foreign Affairs of Ukraine,
Ministry of Justice of Ukraine
Term – 10 February 2006
2) take measures for the Ukraine's accession to Council of Europe treaties (subparagraph 2.1. of the PACE Recommendation 1722);
Ministry of Justice of Ukraine,
Ministry of Foreign Affairs of Ukraine,
other central bodies of the executive power
Term – in 2006
3) eradicate the practice of torture and other cruel, inhuman or degrading treatment of detainees, take additional measures to ensure rights of detainees, and to that end:
submit according to the established procedure to the President of Ukraine the Draft Law on the Ratification of the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (PACE Report);
Ministry of Foreign Affairs of Ukraine,
Ministry of Justice of Ukraine
Term – 1 March 2006
submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Law on the amendments to Article 127 of the Criminal Code of Ukraine to bring the definition of the term "torture" in conformity with Article 1 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (PACE Report);
Ministry of Justice of Ukraine
Term – 1 April 2006
submit according to the established procedure to the Cabinet of Ministers of Ukraine proposals on the establishment of an executive body to control the observance of law in places of detention according to Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (subparagraph 13.7. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
Ministry of the Interior of Ukraine,
Security Service of Ukraine,
State Department of Ukraine on Punishment Execution
Term – 1 May 2006
4) take additional measures to guarantee fair trial and to that end:
follow up in the Verkhovna Rada of Ukraine the draft Laws:
- on the amendments to the Code of Criminal Procedure of Ukraine concerning the suspension of an attorney from participation in a case [if a criminal case was instituted against him/her] (subparagraph 13.12. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
- on the new wording of the Code of Economic Procedure [court procedure in cases adjudicated by economic courts] (PACE Report);
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
carry out informational and explanatory campaign among law enforcement officers concerning the necessity to strictly adhere to the presumption of innocence principle and procedural guarantees of rights of suspects (accused) (subparagraph 13.12. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
Ministry of the Interior of Ukraine,
Security Service of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – constantly
submit according to the established procedure to the President of Ukraine the Draft Concept of the Reform of the System of Free Legal Aid (subparagraph 13.13. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 20 March 2006
implement pilot projects on the creation of experimental centres for the provision of free legal aid (subparagraph 13.13. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – 1 September 2006
prepare with participation of relevant central bodies of the executive power and other state bodies and submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Law on Free Legal Aid (subparagraph 13.13. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 1 November 2006
submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Law on the amendments to the Code of Administrative Procedure concerning the introduction of appeal and cassation procedures (PACE Report);
Ministry of Justice of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 1 September 2006
prepare with participation of relevant central bodies of the executive power and submit according to the established procedure to the President of Ukraine the Draft National Plan for Ensuring Proper Enforcement of Judgements (PACE Report);
Ministry of Justice of Ukraine
Term – 1 May 2006
5) take measures to ensure the respect of the right to privacy and to that end:
follow up in the Verkhovna Rada of Ukraine the Draft Law on the Interception of Telecommunications which would provide for the implementation of democratic standards of privacy protection and national security (subparagraph 13.14. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
submit according to the established procedure to the President of Ukraine for the following submission to the Verkhovna Rada of Ukraine the Draft Law on the Protection of Personal Data (subparagraph 13.17. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – 1 March 2006
6) ensure the reinforcement of legislative protection of the freedom of conscience and religion in Ukraine, and to that end:
submit according to the established procedure to the Cabinet of Ministers of Ukraine for the following submission to the Verkhovna Rada of Ukraine the draft Laws:
- on the new wording of the Law of Ukraine "On the Freedom of Conscience and Religious Organisations" (PACE Report);
Ministry of Justice of Ukraine
Term – 1 September 2006
- on the enhancement of rules for the restitution of church property (PACE Opinion No. 190, subparagraph 13.18. of the PACE Resolution 1466);
Ministry of Justice of Ukraine
Term – 1 April 2006
- on the extension of the list of grounds for alternative (non-military) service (PACE Report);
Ministry of Justice of Ukraine,
Ministry of Defence of Ukraine
Term – 1 May 2006
7) ensure necessary legal framework for the realisation of the right to freedom of expression and access to information, and to that end:
Prepare in accordance with Council of Europe standards and submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Law on the new wording of the Law of Ukraine "On Information" (subparagraph 13.17. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
State Committee on Television and Radio Broadcasting
Term – 1 June 2006
bring the practice of classifying of legal acts of state authorities in accordance with the Laws of Ukraine "On Information" and "On State Secrets", lift the ungrounded restriction of the access to such acts, submit, if necessary, to the President of Ukraine a relevant draft law (subparagraph 13.17. of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – 1 April 2006
submit according to the established procedure to the Cabinet of Ministers of Ukraine for the following submission to the Verkhovna Rada of Ukraine the Draft Law on the Ratification of the European Convention on Transfrontier Television as amended by the Protocol of 9 September 1998 (subparagraph 12.14. of the PACE Resolution 1466, subparagraph 2.4.1. of the PACE Recommendation 1722);
Ministry of Foreign Affairs of Ukraine,
Ministry of Justice of Ukraine
Term – 1 May 2006
8) take relevant measures to guarantee election rights of citizens by following up in the Verkhovna Rada of Ukraine the Draft Law on the State Register of Voters (paragraph 6 of the PACE Resolution 1466);
Cabinet of Ministers of Ukraine
Term – until the adoption of the law
9) take additional measures to enhance the regulation of inter-ethnical relations and to that end:
prepare, taking into account the opinion of the Venice Commission and the Advisory Committee on the Framework Convention for the Protection of National Minorities, submit according to the established procedure to the Cabinet of Ministers of Ukraine for the following submission to the Verkhovna Rada of Ukraine the Draft Law on the new wording of the Law of Ukraine "On National Minorities in Ukraine" (subparagraph 13.20. of the PACE Resolution 1466);
Ministry of Justice of Ukraine,
State Committee of Ukraine on Nationalities and Migration
Term – 1 October 2006
ensure active participation of Ukraine in relevant international negotiations with regard to indigenous peoples, as a result of which and taking into account opinion of the Venice Commission submit according to the established procedure to the President of Ukraine proposals on the Draft Law on Indigenous Peoples (PACE Report);
Ministry of Justice of Ukraine,
State Committee of Ukraine on Nationalities and Migration
Term – 1 September 2006
submit according to the established procedure to the President of Ukraine the draft Laws:
on the Ratification of the Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms (subparagraph 13.19. of the PACE Resolution 1466);
Ministry of Foreign Affairs of Ukraine,
Ministry of Justice of Ukraine
Term – 10 February 2006
on the Ratification of the European Convention on Nationality and European Convention on the Legal Status of Migrant Workers as well as proposals on the Ukraine's accession to the Convention on the Participation of Foreigners in Public Life at Local Level (subparagraph 2.4.1. of the PACE Recommendation 1722, PACE Report);
Ministry of Foreign Affairs of Ukraine,
Ministry of Justice of Ukraine,
Ministry of the Interior of Ukraine,
Ministry of Labour and Social Policy of Ukraine
Term – 1 May 2006
ensure the execution of the Committee of Ministers Resolution ResCMN(2003)5 on the implementation of the Framework Convention for the Protection of National Minorities by Ukraine (PACE Report);
State Committee of Ukraine on Nationalities and Migration
Term – constantly
submit according to the established procedure to the Cabinet of Ministers of Ukraine proposals on fulfilment by Ukraine of its commitments under the European Charter for Regional or Minority Languages and elaborate an effective mechanism of its implementation in accordance with its subject (PACE Report);
Ministry of Justice of Ukraine,
Ministry of Foreign Affairs of Ukraine,
National Commission for the Strengthening of Democracy and the Rule of Law
Term – 1 June 2006
10) take measures to improve the provision of social rights of citizens and to that end submit according to the established procedure to the Cabinet of Ministers of Ukraine the Draft Law on the Ratification of the European Social Charter (revised) (subparagraph 13.21. of the PACE Resolution 1466, subparagraph 2.4.1. of the PACE Recommendation 1722);
Ministry of Foreign Affairs of Ukraine,
Ministry of Labour and Social Policy of Ukraine, Ministry of Justice of Ukraine
Term – 1 April 2006
| Head of the Secretariat of the President of Ukraine | Oleh Rybachuk |