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Resolution 2145 (2017)
The functioning of democratic institutions in Ukraine
1. 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 “Revolution of Dignity”. It recognises that
these reforms are taking 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
be implemented and translate into changes in behaviour and practice.
2. Given the role of the Council of Europe as the leading human
rights organisation that provides high European legal standards
and accumulates best practice for their implementation, the Assembly
welcomes the close co-operation of Ukraine with the relevant bodies
of the Organisation. Such interaction embraces support for the implementation
of strategically important areas of domestic reform, including decentralisation,
judicial and electoral legislation, the fight against corruption
and the effective protection of human rights. A significant part
of this support is provided by 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 from 2015 to 2017.
3. The 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. The Assembly urges
the authorities to take all measures to ensure a pluralistic political environment
in which the political opposition can fulfil its democratic role.
4. Polarisation 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 have therefore been banned from entering Ukraine. While
the concerns of the Ukrainian authorities about Russia’s propaganda
and information war are legitimate and understandable, banning journalists
from entering Ukraine should only be applied as a measure of last
resort, in accordance with Articles 16 and 17 of the European Convention
on Human Rights (ETS No. 5) and Article 20 of the International
Covenant on Civil and Political Rights. The Assembly is concerned
about the publication of the names and addresses of a large number
of journalists accredited in the Donbass region who were therefore accused
of collaboration with the rebels, calling into question their personal
integrity.
5. The 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:
5.1. welcomes 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. 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.
It herein underlines that the decentralisation process is important
for the stability and democratic consolidation of the country as
a whole, also taking into account the ethnic composition of the
regions;
5.2. welcomes 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 and, where necessary, to amend existing legislation
to implement these constitutional amendments;
5.3. particularly 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.
6. The 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:
6.1. welcomes the adoption of a new law on the judicial system
and the status of judges in line with the constitutional amendments;
6.2. takes 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;
6.3. takes 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 welcomes the adoption by the Verkhovna Rada of this
law, which reflects the recommendations of the Council of Europe
and is compatible with its standards in this field. The Assembly
asks the authorities to seek a Venice Commission opinion on the
adopted law and implement any recommendations contained in that
opinion.
7. The Assembly welcomes the progress in the investigations,
and reiterates its call to the authorities to fully investigate
the violence and fatalities during the Euromaidan protests, as well
as the events in and around the Trade Union building in Odessa in
line with the recommendations of the International Advisory Panel
of the Council of Europe.
8. In 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.
9. The Assembly expresses its concern about the human rights
issues 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.
10. In 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:
10.1. welcomes the implementation
of the e-declaration system and calls on the authorities to ensure that
the National Agency on Corruption Prevention has the required resources
to audit these asset declarations;
10.2. calls 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;
10.3. encourages the authorities to establish a specialised
anti-corruption court, and to fight the widespread corruption in
the judiciary, which is essential for the success of the fight against
overall corruption;
10.4. welcomes the adoption of the law on the civil service
and calls on the authorities to ensure the speedy adoption of all
implementing legislation.
11. The Assembly reiterates its call for the adoption of a unified
Election Code that introduces a proportional election system and
is fully in line with European standards. It 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.
12. The 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.
13. The Assembly notes that individual members of the Verkhovna
Rada have appealed against the Law on the Principles of the State
Language Policy to the Constitutional Court, claiming that some
of its provisions and the manner in which it was adopted are unconstitutional.
The Assembly expresses its concerns that some projects are aimed
at narrowing the current rights of national minorities. It is of
foremost importance that, under the legal regulations to be modified,
national minorities can preserve current rights to use their minority languages
which are provided by the Constitution and by all international
commitments of the country. 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 the Principles of the State Language
Policy is repealed by the Court, the low threshold for the use of
minority languages contained in that law is maintained.
14. 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.