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Human rights in Ukraine – 2006. Recommendations made by human rights organizations in Human Rights in Ukraine – 2005, and the degree to which they have been implemented

   

 

Recommendations

Movement on the recommendations in 2006

The Right to life

 

1. Introduce changes to legislation on criminal procedure in order to provide more rights to victims, as well as to the families of those killed, and increase their influence on the course of investigation.

Not implemented. It should be noted that attention was given to this issue in the Strategy Plan for reform of the criminal justice system and of the law enforcement agencies which was being drawn up during 2006 by the National Commission for the Strengthening of Democracy and the Rule of Law, as well as in the new draft Criminal Procedure Code.

2. Introduce efficient independent mechanisms to investigate deaths caused by the actions of law enforcement officials and / or medical staff.

Not implemented.

3. Publish annual reports on investigations into crimes against life.

Not implemented, however the results of investigations are provided in response to information requests

4. Introduce independent forensic medical expert opinions.

Not implemented.

5. Adopt a Law “On the rights of patients” that would provide for legal guarantees of the rights of patients to life

Not implemented.

Freedom from Torture

 

1. Ratify the Optional Protocol to the UN Convention against Torture and set about creating the national preventive mechanisms envisaged by the Protocol.

Implemented, however a year after ratification, no national preventive measures have been created

2. Adopt at legislative level a strategy for creating a system of prevention and protection from torture and ill-treatment, as well as an action plan, based on this strategy, with clearly defined directions and stages of activity  .

Not implemented.

3.  Bring the elements specified of the crime of “torture” into line with Article 1 of the UN Convention against Torture.

Not implemented.

4. Institute the gathering of statistical data in courts and law enforcement agencies on crimes which contain elements of “torture” in the understanding of Article 1 of the UN Convention against Torture

Not implemented.

5. Make it impossible to apply amnesty and parole for people who have committed actions, which have elements of «torture» in the meaning of Article 1 of the UN Convention against Torture

Not implemented.

6. Promote the creation of effective mechanisms of public control over investigations into allegations of torture and ill-treatment

Not implemented.

7. Provide by legislative means for the activities of non-state experts and expert bureaux.

Not implemented.

8. Ensure access by victims to medical documents which are of importance in proving torture or ill-treatment.

Not implemented.

9. Assign the same validity as evidence to conclusions provided by independent medical and other experts, who conduct studies at the request of the alleged victim of torture or their legal representative, as that of conclusions made by experts assigned by an investigator or the court

Not implemented.

10. Provide individuals who initiate an investigation or other legal procedure regarding allegations of torture or ill-treatment access to free legal aid should they be unable to pay for the services of a lawyer.

Not implemented. This is partly being carried out by civic organizations with financial assistance from western charities

11. Provide provisions in Ukrainian legislation on the inadmissibility of any testimony of the accused (suspect) received at the pre-trial stage of the criminal investigation without the presence of a lawyer.

Not implemented.

12. Provide the appropriate guidelines to prosecutor’s offices and judges on using measures to ensure the safety of individuals who have made an allegation of torture, in particular, if such an individual is held in custody, then to move him or her to another remand centre 

Not implemented.

13. Eliminate the practice whereby judges «extend detention» of suspects held in police custody, or, at least, introduce necessary amendments in order to transfer people whose detention is extended by a judge to a pre-trial detention centre [SIZO], and not leave them held in police custody

Not implemented.

14. Introduce into legislation the right of access and the appropriate procedure for gaining access  to an independent doctor and independent expert of the person detained’s own choosing, especially for persons, who are held in custody

Not implemented

15. Review provisions of current legislation in order to provide the right to legal representation to people who allege that they were tortured, regardless of whether or not criminal proceedings have been initiated.

Not implemented

16. Provide clear guidelines to prosecutor’s offices and judges concerning immediate consideration of claims and complaints related to investigations into torture.

Not implemented

17. Give individuals facing deportation to another country the right to court review of an appeal against the relevant decision of executive bodies, and appropriate court procedure capable of investigating the circumstances which could significantly influence the decision on deporting (extraditing) the individual to the other country .

Not implemented

The right to liberty and security

1. Introduce amendments to legislation which would make detention without court sanction the exception, this being in compliance with the restrictions provided for by Article 29 § 3 of the Constitution .

Not implemented

2. Bring the time limit for bringing a person before the court, set down in Article 106 of the Criminal Procedure Code (CPC) into line with Article 29 of the Constitution, taking into account the time necessary for the court review and ruling 

Not implemented

3.   Define the starting point for detention on suspicion of committing a crime or an administrative offence based on the actual circumstances of the case, not on the decision of a law enforcement officer .

Not implemented

4. Define in law separate criteria of legality for detention and remand in custody and annul provisions in Item 2.5 of the Joint Order by Ukraine’s Ministry of Internal Affairs and the State Department of Ukraine for the Execution of Sentences No. 300/73 of 23 April 2001, which considers a detainee’s release when the suspicion is not confirmed or when the term of detention has expired as a breach of the law, and other similar instructions;.

Not implemented

5. Include in the subject matter of detention hearings all circumstances pertaining to whether the detention was justified, including the following:

Not implemented

– grounds for the suspicion or charge, in connection with which the prosecution demands that the suspect (accused) be detained;

 

 

- grounds for the period in which a person is held in custody by a law enforcement agency prior to being brought before a  judge.

 

6. Establish a clear presumption in favour of a person’s release and provide that the onus of providing proof of grounds for detention be shifted to the prosecution.

Not implemented

7. Introduce provisions, which would exclude remand in custody or its extension on the basis of purely hypothetical assumptions

Not implemented

8. Formulate the risks in connection with which detention is allowed in such a way as to exclude remand in custody depending on the position of accused and tactics employed by the defence.

Not implemented

9. Introduce provisions which would exclude the practice of detaining a person after his/her release by a judge on the basis of «concealed» accusations.

Not implemented

10. Exclude from legislation the institution of «detention extension» by a judge, or, at least, introduce necessary amendments to the legislation, in order to exclude the practice of returning a person to a police unit after detention has been extended.

Not implemented

11. Introduce amendments to Article 165-2 § 4 of the CPC, in order to exclude detention without court control for longer than the period established by Article 29 § 3 of the Constitution.

Not implemented

12. Entitle people remanded in custody to seek periodic review of the lawfulness of their detention

Not implemented

13.   Establish clear and detailed procedural rules for court review of whether to remand a person in custody or release him or her pending trial, in particular ensuring the following::

Not implemented

-  mandatory participation of the person, who has been deprived of liberty, in any detention hearing where the question of his or her remand in custody or release pending trial is being considered;

 

-  the accused and his/her lawyer must be provided with a copy of the investigator’s (prosecutor’s) request for his/her remand in custody or extension of custody

 

-  the remanded person and his/her lawyer must be given the right to study the materials, which justify the request for his/her remand in custody or extension of custody

 

14. Prepare procedure, which would encourage the use of bail instead of detention;.

Not implemented

15. Define more clearly the judge’s scope of powers concerning remand in custody, in particular, to establish clearer criteria for exceptional cases, when a judge can go beyond the margin of his/her general authority.

Not implemented

16. Shorten the maximum term of detention during pre-trial investigation

Not implemented

17. Introduce into legislation a maximum term of detention during court hearings.

Not implemented

18. Bring the rules of administrative detention into conformity with the requirements of Article 29 of the Constitution.

Not implemented

19. Introduce amendments to legislation which would exclude the use of administrative detention for the purpose of criminal investigation, for example, by providing mandatory release of a person suspected of having committed an administrative offence pending the hearing into the case.

Not implemented

20. Introduce amendments to the Code of Administrative Offences (in particular, to Article 26) and other legislative acts, which would exclude police custody of a person without a court order for over 72 hours

Not implemented

21. Provide procedure for court hearings concerning the detention of vagrants and people begging, or, at least, enable them to appeal against such detention and provide rules for such procedure

Not implemented

22. Ensure that detention and subsequent remand in custody of a person pending extradition is enforced exclusively on the basis of a court decision, as well as the right of a person remanded in custody pending extradition to periodic review of the detention.

Not implemented

The Right to privacy

 

1. Adopt a Law “On personal data protection” complying with modern European standards for the protection of privacy

The draft law has been passed in its second reading. The draft was put to the vote several times. It was twice passed by parliament and vetoed by the President. It is presently being worked on by the Verkhovna Rada profile committee.

2. Ratify the Convention of the Council of Europe No. 108

Not ratified.

3. Adopt a Law “On interception of telecommunications” which will allow for independent monitoring of the activities of the Security Service of Ukraine [SBU] in intercepting communications, publishing an annual report with depersonalized information regarding the interception of information from communications channels in the course of investigative operations.

The draft law considered by parliament before the 2006 elections was not passed. In the post-elections (fifth) term of the Verkhovna Rada, work on the draft law was not commenced.

4. Ensure that a Single State Automated Passport System [SSAPS] is only introduced on a legal basis and taking into consideration the provisions of the Convention of the Council of Europe No. 108. The preparation of documents confirming citizenship of Ukraine must be under the control of government structures

SSAPS is being introduced unlawful and this recommendation is not being implemented

5. Put an end to the practice of illegally using the identification code of taxpayers for other purposes not stipulated by law. An individual must have the opportunity to know what information is contained in the card chip, and be able to have this changed. Different codes (classifiers of personal databases) must be used separately, and solely for the purpose for which they were created, and their use must be determined by a Law on Personal Data Protection 

The situation has actually worsened, and this recommendation is not being implemented

6. The Ministry of Internal Affairs must stop the unwarranted collection of sensitive personal information about individuals (information regarding their political views, religious beliefs, sexual orientation, etc))

Not implemented.

7. Revoke Order No. 122 from 17 June 2002 of the State Committee of Communications and put a stop to the intrusion of state executive bodies into the activities of those involved in providing Internet services by forcing them to install equipment for the interception of telecommunications.

The Order was quashed by the Ministry of Justice, however it is continuing to function de facto

8. Abolish the licensing of IP-telephone systems.

Not implemented. It is effectively taking place according to the Law “On telecommunications”.

Freedom of religion and conscience

 

1. Ukrainian legislation should be brought into conformity with the demands of Articles 9 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the light of the court case law of the European Court of Human Rights, in particular, as regards ensuring the neutrality of the State, the possibility for a religious community to receive legal entity status and to freely practice their religion.. For this it would be desirable to apply the “Guidelines for Review of Legislation Pertaining to Religion or Belief” prepared by the OSCE / ODIHR and the Venice Commission in 2004.

Not implemented. The draft law being prepared by a Ministry of Justice working group does not comply with many OSCE and Council of Europe standards

2. In drawing up a new version of the law on religious organizations the focus should be moved away from checking out organizations at registration stage to monitoring their activity: to accordingly shorten and simplify the registration of religious organizations, making the procedure at least analogous with the registration of civic associations.

Not implemented. The Ministry of Justice draft law totally disregards this recommendation

3. Discrimination must be eliminated when registering the charters of religious communities and the grounds clearly defined for refusing to register or for cancelling the registration of the charters of religious communities

Not implemented. The Ministry of Justice draft law totally disregards this recommendation.

4. The public authorities should not interfere in internal church matters, in particular, those concerning the creation of a single Local Orthodox Church., nor should they impose any particular single organizational structure, defend one of the sides in internal Church disputes, etc..

Not implemented.

5. Effective mechanisms are needed for avoiding discrimination on religious grounds, particularly in the penal system, the social sphere and in the area of labour relations. It is also vital to make adjustments to legislation on taxation of religious organizations in order to remove discrimination against non-Christian organizations

Not implemented.

6. Law enforcement agencies must react appropriately to cases of incitement to religious hostility, especially from dominant religious organizations, and parties fighting organizations which they consider to be sects.

Not implemented

7. In order to eliminate discriminatory administrative practice and conflict between churches, clear legal norms need to be passed with regard to the grounds, procedure and time periods for returning church property. It would also be expedient to draw up a detailed plan for returning religious property with these procedures and the time taken for each place stipulated. Where it is impossible to return such property, provision of some compensation should be stipulated, in particular, for the construction of new buildings of worship

Not implemented. The problem is deepening and becoming more acute.

8. Local authorities should review legislative acts they have passed which establish discriminatory provisions, and also additional limitations, not foreseen by the law, on freedom of religion when holding peaceful gatherings, renting premises, allocating land and returning religious buildings. General principles should also be clearly outlined for the allocation of sites for building places of worship.

Not implemented.

The Right of access to information

 

1. Declassify all normative legal acts classified with the stamps «Not to be printed» and «Not to be published», and scrutinize documents classified as «for official use only» in order to establish whether their classified status is well-founded 

Not implemented

2. Adopt a new law on information which would guarantee the access to information in government bodies and bodies of local self-government on the basis of the Recommendations of the Committee of Ministers of the Council of Europe № R 19 (1981), REC 2 (2002), 13 (2000) of the UN/ECE Convention on access to information, public participation in decision-making and access to justice in environmental matters (the Aarhus Convention – adopted on 25 June 1998 and ratified by Ukraine in 1999); as well as other international standards on freedom of information..

Not implemented

3. Review the norms of Article 15 of the Law of Ukraine “On state secrets” so as to allow for only a specific text containing a state secret to be classified, and not the document as a whole..

Not implemented

4. Analyze «The List of items of information that constitute State secrets» in order to decide whether the classification is warranted, applying the three-component test of the European Court of Human Rights for determining whether there is “damage” and “impact on public interests”, as well as Article 47-1 of the Law «On information

Not implemented

5. Revoke the Decree of the President of Ukraine №493 from 21.05.1998. “On introducing amendments to some Decrees of the President of Ukraine on the state registration of normative legal acts”.

Not implemented

6. Register all normative legal acts issued by the Prosecutor’s office with the Ministry of Justice of Ukraine

Not implemented

7.Create an open register of all normative acts of the prosecutor’s office and an open database of normative acts which concern citizens’ rights and duties

Not implemented

8. Create the conditions enabling members of territorial communities to see all decisions passed by bodies of local self-government (depending on the conditions, in the most efficient manner). Thus, for example, where possible, to create websites of bodies of local self-government with mandatory posting of a full register as well as the actual texts of all decisions passed..

Partially implemented, but only in some places.

9. Ensure the publication and open access to all decisions passed by local administrations (at the level of regions, as well as the cities of Kyiv and Sevastopol)

Not implemented

10. Taking into consideration the case law of the European Court of Human Rights and principles of legislation on the freedom of information, develop an educational course on international standards of access to information and practice of their application in Ukraine, and carry out training for judges of local and appeal courts of all 27 regions of Ukraine and for public officials who work in public relations departments of government bodies and bodies of local self-government;.

Not implemented

11. Run training courses for state officials on the provisions of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters

Not implemented

12. Representatives of the mass media, human rights and other civic organizations should monitor the efficiency of active and passive access to information at central and local levels, as well as using the courts more actively against the inaction of state officials with regard to the providing of information and refusals to provide information

Implemented. The results are presented in the appropriate section of this report. .

Freedom of expression

 

1. Implement a program for reforming State-owned media outlets by changing their system of management and financing in accordance with the recommendations of the Council of Europe and OSCE. The best example of such reform is the introduction of public TV and radio broadcasting on the basis of UT-1 National Television Channel and the First National Radio Channel..

Not implemented. Draft laws on reforming the media are being developed, but stalled.

2. Draw up and introduce the appropriate legislation and programs of self-regulation for journalists and media outlets in order to reduce the spread of information material which is paid for or produced on commission with infringements of journalist standards of objectivity and balanced presentation of information.

Not implemented.

3. Abolish the laws “On the procedure for media coverage of the activities of public authorities and bodies of local self-government in Ukraine” and “On government support for the media and social protection for journalists”, allowing for the cancellation of particular benefits for journalists of State media outlets, and to ensure that they have the same rights as journalists on private media outlets

Not implemented.

4. Adopt a new version of the law on television and radio broadcasting which would comply with the standards of the Council of Europe, OSCE and the European Union.

Not implemented.

5.Iintroduce amendments to legislation making it possible to identify the real owner of a media outlet, especially of television channels and radio stations; introduce effective control over the concentration of media outlets in the hands of one owner or members of his or her family; to introduce anti-monopoly restrictions for the information market in compliance with recommendations of the Council of Europe, OSCE and the European Union; and introduce necessary procedure for punishing those who infringe legislation on the concentration of the media.

Not implemented, however a draft law aimed at resolving this problem is under consideration in parliament.

6. Ensure quick and transparent investigation into all reports of violence and deaths of journalists, as well as into cases of interference in journalists’ activities

Virtually not implemented.

7. Accelerate the procedure for ratifying the European Convention on trans-border television, the Additional protocol to the Convention on trans-border television, and also introduce amendments to legislation on the implementation of its regulations, as well as the provisions of the EU Directive 85/552/ЕU, 97/36/ЕU «Television without Borders.

Not implemented. The ratification procedure has been frozen

8. Disband the National Committee for Television and Broadcasting during an overall consideration of Draft amendments to the Constitution of Ukraine.

Not implemented.

Freedom of peaceful assembly

 

1. Prepare instructions for law enforcement agencies which regulate their behaviour during peaceful gatherings;.

Not implemented, although at the beginning of 2007 such a document was being developed with the involvement of the MIA Public Council.

2. Carry out training of employees of special units and patrol units of law enforcement agencies in the following: ensuring public order during peaceful gatherings; protecting those participating in peaceful gatherings; the grounds and conditions for using special means and physical force; ensuring independent control over how they use their authority during peaceful gatherings.

Not implemented.

3. Translate into Ukrainian the Judgments of the European Court of Human Rights on Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms pertaining to the freedom of peaceful assembly and to provide copies of these translations to all local and appeal courts.

Not implemented.

4. Taking into account case law of the European Court of Human Rights, to prepare and run a training course for judges of local and appeal courts of all 27 regions of Ukraine as to applying Article 11 of the European Convention for the Protection of Human Rights in court practice with regard to applications from the authorities to ban peaceful gatherings

Not implemented

5. Ukraine’s Supreme Court should provide general principles for court rulings in cases involving restrictions on the right to free assembly and demonstrations.

Not implemented.

6. pass a draft law on holding peaceful gatherings drawn up by Ukrainian  human rights organizations in which the case law of the European Convention for the Protection of Human Rights and the positive practices in democratic countries are taken into consideration;

Not implemented. The draft laws registered do not comply with international standards.

7. Bodies of local self-government and State executive bodies should revoke all decisions adopting Regulations on rules and procedure for holding peaceful gatherings and using «small architectural forms», bring other decisions into compliance with the Constitution of Ukraine and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Prosecutor’s Office of Ukraine should appeal through court procedure such decisions of local authorities where the latter have failed to respond.

Not implemented. Human rights organizations have achieved the cancellation of such regulations by lodging administrative suits with the court

8. The Human Rights Ombudsperson should pay more attention to violations by local authorities and law enforcement agencies of the right to peaceful assembly.

Not implemented.

9. Organizers of peaceful gatherings are advised to use court procedure to complaint against any rulings by courts of first instance on limiting the right to peaceful gatherings, and also against illegal actions of law enforcement bodies. The Institute «Republic» and the Ukrainian Helsinki Union on Human Rights give these cases priority for providing legal assistance where such violations occur

Not implemented.

Freedom of association

 

1. Adopt a new law «On non-commercial organizations» which defines clear and standardized conditions for the creation or termination of activity of all types of non-profit making organizations, including organizations, whose creation is not allowed for by Ukrainian legislation, enabling them also to receive the appropriate tax incentives through having the status of a non-profit making organization:

Not implemented. During the year the Ministry of Justice and representatives of the public continued drawing up a low on civic organizations which to some degree complied with international standards. The process is underway of agreeing this document with ministries and departments

–  simplify the procedure for registration of non-governmental organizations by creating one procedure for both non-profit making organizations and businesses, and to abolish the double registration of non-profit making organizations by two government structures

In the draft law

–  abolish the territorial division of non-profit making organizations’ activity and the restriction of their activity to the administrative-territorial unit they are registered in.

In the draft law

–  abolish the strict division between associations created for their own members and those for others.

In the draft law

2. Abolish the practice of licensing social services which are provided by non-profit making organizations, and not from State or local budgets. Provide legislation stipulating the conditions under which the State pays for social services, and allowing for the provision of state assistance to nongovernmental non-profit making organizations  .

Not implemented.

3. Stimulate charitable or other non-profit-making activity by providing tax incentives solely on condition that charitable or other socially significant activity is carried out, and not by virtue of having created a specific type of organization which may not even provide such services. 

Not implemented.

4. Make the provision and use of State funding directed towards civic associations for carrying out State programmes more transparent

Not implemented.

5. Remove Article 186-5 from the Code of Administrative Offences, this presently imposing liability for the activity of unregistered civic organizations

Not implemented.

6. Sign and ratify the Convention on recognizing the legal identity of international non-governmental organizations (ETS № 124) that came into force on January 1, 1991.

Not implemented.

7. Strengthen mechanisms of cooperation and consultation between both government authorities and bodies of local self-government at all levels and civic associations on developing government policy in various areas, and also on their implementation and on creating normative acts.

This is being implemented, but too slowly and not often very effectively. The Public Council attached to one of the most important ministries, the Ministry of Justice, has not been functional for a number of years now. The positive work of the Public Councils attached to the Ministry of Internal Affairs, the Ministry for the Natural Environment and the Ministry of Defence are to be welcomed

Economic and social rights

 

1. The fulfilment by the government and other parties engaged in social activity of their social functions should involve the following legal and economic mechanisms:

 

а) Legal mechanisms should be ensured by drawing up and adopting a Social Code of Ukraine, ensuring however that it complies with the Budget, Family and Civil Codes.

Not implemented

б) Economic mechanisms should stimulate the development of the country’s economy, its social direction, the increase in people’s income, first and foremost in their earnings. We need a radical reform of the system of work remuneration, restoration of the incentive function of wages, definition of the price of work, an increase in the proportion of wages in the general costs of production, in the gross national product and in the income of the population

Not implemented

2. Ukrainian legislation should be adapted to meet the requirements of the European Union, and most importantly, to guarantee levels of payments which conform with European standards.

Not implemented

3. The European Social Charter should be ratified as a part of the guarantee of economic and social rights in Ukraine, this making it possible to raise the protection of these rights to a higher level.

Виконано

4. A contemporary system of social security and social insurance must be created since stable growth in the standard of living and social harmony will be possible only if systematic changes are made.

Not implemented

5. The allocation of most types of assistance needs to be linked to the family’s level of income. The actual mechanism for receiving social assistance also needs to be regulated. The first step towards this would be introducing a single application to receive any forms of assistance. It is of primary importance to generalize and make accessible for employees of social protection agencies information about the status and real income of applications. To this end it would be necessary to use not only figures from the Ministry of Labour, but also data from the State Tax Administration, bodies of the Ministry of Justice and of Internal Affairs, and insurance funds..

Not implemented

6. A system accommodating funding for health care from many different sources, with elements of both public and private financing, needs to be developed.  Mechanisms for financing need to be explained clearly to the public, so that all concerned understand the possible conditions of payment.   Distribution of responsibility and powers according to this scheme would be as follows: society must ensure acceptable subsidizing of necessary medical assistance to those who need it, doctors must within acceptable boundaries take part in providing such subsidized care, and the government must manage this activity.

Not implemented

7. An effective system of loans to cover studies in higher education institutions should be created.

Not implemented

8. The system for finding work for students of State-owned higher education institutions after their graduation should be improved

Not implemented

9. The independence of higher education institutions should be broadened, and self-government developed.

Not implemented, although work is continuing, with a draft law under consideration in the Verkhovna Rada with specifically these aims.

10. Difficult issues regarding accreditation and certification of non-state educational institutions need to be resolved..

Not implemented, however work has begun on ordering the situation with non-state educational institutions

11. The system of vocational and technical education as one of the key factors in the development of Ukraine’s economic is also in need of improvement.

Not implemented

12. A system should be created for monitoring the quality of education, the mechanisms of public control over resources allocated to educational institutions at the level of local budges, mechanisms for bringing the education system into line with modern needs of the labour market, as well as creating transparent and effective system of incentives for educational workers through encouraging their professional development

Not implemented

Property rights

 

1. In order to ensure the effective defence of various forms of property rights, the range of objects which are protected by the right of ownership needs to be extended

Not implemented

2. The functioning of the Ukrainian State Bailiffs’ Service needs to be made more efficient to ensure the proper enforcement of court rulings.  A System of private bailiffs should be introduced in Ukraine

Not implemented

3. Discriminatory norms differentiating between the right of ownership of individuals and of legal entities need to be removed, in particular, through the gradual abolition of the Economic Code or by bringing its norms into line with those of the Civil Code, as well as by introducing amendments to the Law “On the introduction of a moratorium on the compulsory sale of property”, and by imposing a ban on retrospective amendments to norms on taxation, etc..

Not implemented

4. To provide safeguards of the right of ownership, legal shortcomings in regulation of nationalization and privatization of property need to be rectified

Not implemented

5. Inadequacies in corporate legislation must also be addressed, including by means of passing the Law of Ukraine “On joint stock companies”.

Not implemented

6. Tax legislation must be changed or substantially improved with the aim of ensuring equity and defence of all forms of ownership rights

Not implemented

7. Effective defence of the right to all forms of ownership must be secured, in particular, via norms of civil, administrative and criminal legislation

Not implemented, moreover in 2006 property rights became even less protected, including as a result of ever increasing corporate raiding.

Freedom of movement and freedom to choose one’s place of residence

1. Complete an automated record system of registration of citizens, using the best models applied in other countries and observing international standards for safeguarding human rights

Not implemented.

2. Guarantee protection of personal data related to registration and movement of individuals; in order to ensure confidentiality of movements and to eliminate the possibility of illegal surveillance over the movements of an individual. This applies in particular to the database of Ukrainian Railways on those buying travel documents (tickets) for the railways, with the access to this database not regulated by legislation

Not implemented.

3. In compliance with the Opinion of the Parliamentary Assembly of the Council of Europe (№190) on the entry of Ukraine to the Council of Europe, powers of registration of citizens, foreign nationals and stateless individuals should be passed to the Ministry of Justice of Ukraine

Not implemented.

4. Conclude the process of reform of legislation as regards registration, taking into account positive international experience and the Law of Ukraine “On freedom of movement and freedom to choose one’s place of residence”

Not implemented.

5. It would be expedient to consider broadening the grounds for registration, and also to review legislation in order to eliminate the situation where exercise of ones rights depends on ones place of registration. The procedure for cancelling registration in private flats should also be simplified, and the inter-dependence of the fact of registration with the right to the given flat in the state and communal accommodation funds should be eliminated

Not implemented.

6. The procedure for issuing sailors’ identification documents should be improved, taking into account the provisions of the Constitution of Ukraine on freedom of movement and clearly defined grounds for limiting trips abroad.

Not implemented.

7. Abolish the practice of restricting travel abroad for people having access to State secrets

Not implemented.

8. Throughout 2006 pass all normative acts envisaged by the Law of Ukraine “On the basic principles of social protection for homeless citizens and abandoned children” in order to enable its proper implementation. This particularly concerns certain Provisions “On a centre for registering citizens without a fixed place of residence”, “On night shelters”, “On rehabilitation centres”, as well as a staff timetable and staff instructions for such institutions of social protection. Expenditure for their financing should be added as a separate item in the State Budget.

Implemented.

Environmental rights

 

1. Increase the control functions of government bodies in the area of protection of the environment, including significantly increasing the level of administrative liability for offences in the area of environmental protection.  Support environmental safety;.

Not implemented

2. Prepare institutional and organizational mechanisms for involving members of the public in decision-making on environmental matters both at the level of government structures, and of bodies of local self-government, and the broadening of positive experience.

Not implemented

3. Ensure that members of the public are informed on a broad and systematic basic about the state of the environment, about the activities of government structures and bodies of local self-government, and about decision-making which will have an impact on the environment.

Not implemented

4. Make it mandatory to publicly announce Statements on the potential environmental impact of activities in advance of environmental expert studies, to involve the public and to take public opinion into consideration in the conclusion of environmental expert studies, and to make it impossible to refuse access to EIA [Environmental Impact Assessement] materials and other documentation submitted for the environmental expert study.

Not implemented

The rights of the child

 

1. A system should be created of specialized courts (juvenile justice). This will help improve the practical efficacy of the procedure for protecting the rights of the child, as well as the liability for the non-observance of these rights by those with responsibility

Not implemented.

2. Normative acts regarding the prohibition of corporal (physical) punishment should be made to work, and need to be accompanied by broad-ranging educational and information measures, training courses among professional groups working with children or in their interest, parents or those replacing them

This is partially being implemented, largely on the initiative of civic organizations and representatives of international intergovernmental structures

 

3. Changes are needed in procedure for criminal investigation and court proceedings. The child should communicate with those running the investigation via a psychologist in a safe environment. The conditions should minimize the degree to which the child takes direct part in court proceedings or the investigation. To achieve this, it is important to use audio and video recordings, a “Venetian mirror” during questioning to avoid having to repeat testimony many times..

Not implemented.

 

4. Rehabilitation and treatment programs for victims of violence, as well as the offenders themselves, should be developed or improved, and implemented. Any suspended sentences passed down should be directly contingent upon the offender’s participation in treatment

Not implemented.

 

5. The resolution of situations of conflict and methods of upbringing in educational institutions must comply with standards for observing the rights of the child.

Not implemented.

Implementation of the recommendations is possible on condition that a system is created for training educational workers on human rights and children’s rights standards. At present, however, these are not covered in the training and professional development system

It should be noted that what is needed is the actual creation of a training system which allows for the initial training of specialists to in fact teach these courses, as well as preparation of methodological material and so forth, .  

6. “Status” punishments, that is, those where minors can be punished for acts which an adult would not be held legally liable for and would not therefore face punishment for, should not exist either at the level of legislatively imposed norms, or in the practice of preventive upbringing measures

Not implemented.

The issue of “status” punishments had not previously been addressed in Ukraine and it requires extra study. However there is some evidence at least of “status” treatment with regard to minor in present approaches, for example in preventive upbringing.

7. Children able to understand their circumstances need to be guaranteed access to information concerning them in school, children’s homes, at the doctor, or in the case of court proceedings.

Not implemented.

8. More attention needs to be paid to teaching children about human rights and the rights of the child. Human rights education is an important component of civic education. Programs need to be developed for children of different ages, textbooks should be written and there needs to be the possibility of choice.

This is partially being implemented, largely on the initiative of civic organizations and representatives of international intergovernmental structures There is no  adequate government programme with appropriate funding

9. Representatives of professional groups working with children or in their interest should have special training on the rights of the child

Not implemented.

10. The private life of children in educational, health care or other institutions must be protected. The staff of these institutions should respect the privacy of students, children in care and young patients, especially where they are living in group conditions.

Not implemented.

This issue has thus far not received any attention from the government. There is no relevant system for  training or retraining personnel of children’s institutions

 

11. All children must have equal possibilities for gaining general secondary education. Equality of educational chances should begin with pre-school education.

Not implemented.

Children from rural areas, for example, have less chance of getting pre-school education than children living in urban areas.

12. The state should pay particular attention to ensuring access to.education for children with impaired possibilities, with the maximum level of socialization for these children within general education schools, and should provide individual tuition for those children needing it

This is partially being implemented, largely on the initiative of civic organizations and representatives of international intergovernmental structures There is no adequate government programme with appropriate funding.

13. Children in hospitals and similar should have the opportunity to continue their education if their state of health allows.

Not implemented.

14. Proper financing needs to be provided for educational institutions, with payment of salaries for educational staff and provision of the necessary materials in schools.

Not implemented.

15. The public authorities should develop and introduce a separate program for children who have dropped out of school and do not wish to continue their studies

Not implemented.

16. Discrepancies in the laws on orphaned children need to be eliminated, specifically

 

- According to the Law “On ensuring the organizational and legal conditions for the social protection of orphaned children and children deprived of parental care” from 13 January 2005, the right to full State support in educational institutions is guaranteed to orphaned children and children deprived of parental care up to the age of 18, and to those children in this group if continuing their education, to the age of 23.  The end of this provision is linked with completion of studies (not age). At the same time, in accordance with the Order of the Ministry of Education and Science and the Ministry on Family, Children and Youth “On approving Provisions on children’s homes and general education school-orphanages for orphaned children and children deprived of parental care” from 21 September 2004, the said children remain in general education school-orphanages until they finish their basic or full general secondary education, or where necessary until they come of age (reach 18).  It is thus not clearly established up to what age young people can remain in such institutions.

.

Not implemented

- A child’s documents only set down the person who is responsible for keeping any property remaining after the death of the parents. Those responsible for maintaining any other property are not indicated.

Not implemented.

- In accordance with the Law “On ensuring the organizational and legal conditions for the social protection of orphaned children and children deprived of parental care” from 13 January 2005 the main function with regard to protecting a child’s property rights and interests is vested in bodies under the jurisdiction of the Ministry on Family, Children and Youth, while according to the “Rules of care and guardianship” from 26 May 1999 – in bodies under the Ministry of Education and Science

Not implemented.

- According to the Family Code from 10 January 2002 and the Law “On ensuring the organizational and legal conditions for the social protection of orphaned children and children deprived of parental care” from 13 January 2005, the child retains the right of use to the accommodation in which he or she lived before being placed in a school-orphanage. That is, the child is entitled to the accommodation either on the basic of collective ownership, or as private owner. In addition, according to the Law “On protection of childhood” from 26 April 2001, the premises are retained in the children’s name for the entire period during which they are in State care, regardless of whether the property where the children have come from is now lived in by other members of the family. At the same time, the Housing Code states that living premises are retained for the children if there are other members of the family living in the house or flat (or part of such). There is thus a contradiction, since it is not set down whether there must be somebody from the family of the child living in the accommodation to ensure that the property is retained in the child’s name..

Not implemented.

- The Law ““On ensuring the organizational and legal conditions for the social protection of orphaned children and children deprived of parental care” states that the child is provided with housing “in the event of his or her lack of right to housing”, this being an incorrect formulation since, according to the Constitution (Article 47) all citizens of Ukraine have the right to housing. One may lack housing, but not the right to it.

Not implemented.

- According to the Civil Code a person from the age of 14 to 18 is considered to be a minor, while under the “Rules of care and guardianship” – from 15 to 18

Not implemented.

17. There is an urgent need for a reform to the system of care in Ukraine and such reform needs to take place at a pace which is as intensive as is feasible. However this process must be phased and professional. Broad public discussion of the reform is needed at the stage of formulating a plan of possible changes, with the use of the experience already gained by nongovernmental organizations which are working in this area..

Not implemented.

18. The state must create conditions for early identification of “crisis” families in order to organize timely social backup. A significant number of children could remain in the family environment if such families received more financial and psychological support

Not implemented.

19. The training of foster parents needs to be compulsory and take place at a professional level. The responsible state authorities should develop programs for such training. During the process of preparation of such programs, experts from nongovernmental organizations should be consulted in order to organize a comprehensive process of preparation and to base the process on principles of the rights of the child.

This is partially being implemented.

The Rights of refugees and asylum seekers

 

1. Create departments of the migration service in each region of Ukraine

Implemented

2. Provide 24-hour duty of employees of the civil state migration service at all international control points on Ukraine’s State border. Set up special premises where migration officers can interview potential asylum seekers..

Not implemented

3. Hold an independent legal audit of the system of extradition and deportation from the territory of Ukraine, especially to countries which are not members of the Council of Europe

Not implemented

4. Put an immediate stop to the illegal discriminatory practice of avoiding granting refugee status to asylum seekers from certain countries (primarily CIS countries); Hold officers of the migration service answerable for such action.

Not implemented

5. Immediately stop the practice of deporting / extraditing people seeking asylum before all appeal procedure has been completed

Not implemented

6. Ensure that government structures are provided with qualified interpreters and lawyers to safeguard the rights of asylum seekers during the asylum procedure

Not implemented

7. Introduce a single form of identity papers for people during the asylum procedure instead of the four documents which are presently used.

Not implemented

8. Improve the system for asylum seekers to receive identification codes and work permits.

Not implemented

9.Iincrease the number of accommodation centres for asylum seekers and refugees, to legislatively foresee the possibility of sending asylum seekers there from when they submit applications for refugee status;

Not implemented

10. Organize training in the basic principles of migration law for lawyers of administrative courts, including at least three judges of each district administration court and five judges of each appeal administrative court.

Not implemented

11. At the legislative level to introduce additional forms of protection in Ukraine for people forced to leave their country of origin or of permanent residence (humanitarian protection, temporary protection)

Not implemented

12. Pass a Law “On asylum”

Not implemented

13. Define in legislation the authorities of the State migration service (in order to shorten the period of review of applications migration service agencies at the local level should be given the authority to take final decisions on applications for refugee status).

Not implemented

14. Create a system of immigration tribunals (specialized bodies with court power) independent of State executive bodies 

Not implemented

15. Eliminate discrepancies in Ukrainian legislation which impede the exercise  of the rights of refugees in accordance with Ukraine’s international commitments and according to international law

Not implemented

16. Implement measures aimed at helping refugees adapt into Ukrainian society; provide information support for refugees with regard to ensuring their rights according to Ukrainian legislation; explain refugees’ rights and the mechanisms for ensuring them to state officials whose duties include providing for these rights; to help refugees learn Ukrainian and resolve problems related to finding work

Not implemented

17. Improve training of immigration specialists. To introduce compulsory courses on the rights of refugees for all employees of law enforcement bodies and border guard officers. To begin specially designed training or retraining of immigration specialists in the system of state higher education..

Not implemented

Prisoners’ rights

 

1. Fulfil Ukraine’s commitment to the Council of Europe and finalize the transfer of the Department to the Ministry of Justice as called for in PACE Resolution № 1466 (2005);

Not implemented

2. Change priorities in law creating activities, giving preference to humanitarian values over issues of the technical functioning of the Department; increase attention to issues relation to the observance of human rights, respect for the human dignity both of people imprisoned, and personnel of the penal institutions, and not just confine oneself to declarations on this subject;

Not implemented

3. Introduce monitoring of prisoners’ conditions on a wide scale, and prepare annual reports on the state of affairs in the system by nongovernmental organizations, including on the basis of state funding, as well as the preparation of alternative reports, reports on problems or on areas of activity of the institutions

Not implemented

4. Qualitatively increase information to society about the situation and problems of the system via regularly carrying out a wide range of measures such as press conferences, roundtables, as well as simplifying the procedure for providing access of members of the public and journalists to penal institutions.

Not implemented. On the contrary, an Order was passed by the Head of the Department for the Execution of Sentences according to which access by members of the public and journalists is only once a week at weekends, by prior arrangement with the penal administration

5. Pay more attention to social protection for staff of penal institutions; to provide professional development, and involve the efforts which nongovernmental organizations can offer in resolving these issues.

Not implemented

6. Facilitate the undertaking of a comprehensive analysis of the norms of the Penal Code and normative acts of the Department, as well as practice in implementing them, to contribute to their improvement and to involve specialists in this work, including the Penitentiary Association of Ukraine.

Not implemented

7. Promote the introduction of public supervisory control over penal institutions, and not limit this to the activities of supervisory commissions.

Not implemented

8. Pass a Strategy for reforming the penal system only after independent expert opinions, and public debate.

Not implemented

The Rights of prisoners with tuberculosis

 

1. Improve the conditions of prisoners with tuberculosis by:

Not implemented

– ensuring that patients are placed in wards for not more than 8 people;

 

– providing adequate lighting in the wards;

 

– ensuring an appropriate temperature in the wards;

 

– providing the patients with regular cold and hot water;

 

– increasing the number of washbasins in the wards;

 

– carrying out reconstruction work on the toilets;

 

– establishing shower rooms in each block of the medical unit and creating proper conditions in them.

 

2. Improve the provision of food to patients by::

Not implemented

– restructuring the canteens;

 

– providing enough lighting in the canteens;

 

– ensuring that the meals for patients are prepared by hired staff – a cook, so that the food is fit to eat.

 

3. Improve the effectiveness of treatment by:  :

Not implemented

– ensuring that the patients receive specific medication against tuberculosis, including medicines of the “new generation” in the necessary amount

 

– providing patients with medicines for stimulating the immune system and generally strengthening health

 

4. Draw up and introduce amendments to electoral legislation which ensures that the right of prisoners to free and fair elections is exercised, and which prevents the administration exerting influence over the expression of voters’ will.

Not implemented

5. Ensure access by representatives of human rights organizations to penal institutions, and to draw up and pass the relevant law to this effect.

Not implemented

6. Ensure the observance of the right of prisoners to make appeals to the authorities and to bodies of local self-government, and their right to education.

Not implemented

The Rights of people with impaired physical possibilities

 

1. Work towards developing a positive opinion and attitude towards people with disabilities within the community.

Not implemented

2. Promote more active work from existing state and public services with a social direction, as well as openness and transparency in their activities

Not implemented

3. Ensure that “disability pensions” are not viewed as the main means of existence for people with disabilities. People with all types of disabilities, and all categories of disability status regardless of their pension entitlements, should have the opportunity to work and to find self-fulfilment in society. The system of pensions should be significantly simplified and should not depend on a law being passed on the State budget.

Not implemented

4. Create and give comprehensive support to civic organizations and voluntary services.

Not implemented

5. Create barrier free access.

Not implemented

6. Introduce amendments to legislative acts which regulate the designation of disability status. The designation should be made on the basis of the state of health and the physical or mental impairment, and not on the level of adaptation or difficulties in adaptation of the given person, and should be designated in many cases for life or at least for many years, and not be reviewed every year.

Not implemented

7. Gradually change the direction of special education from institution-based to studying where one lives through classes attached or fully integrated into educational institutions at all levels

Not implemented

8. Encourage the mass media to produce their publications and broadcasts taking into consideration people with vision or sight impairments.

Not implemented

9. Establish by law positions of social worker – lawyer or official representative as an effective means of protecting people declared unable to look after themselves who have been assigned a guardian or carer;.

Not implemented

10. Base the work of public authorites and local authorities on providing for the needs and observing the rights of people with disabilities on the principle: “Don’t do things for us without us”. There should be more active involvement of people with disabilities in resolving their own problems at all levels of power.

Not implemented

Observance of the rights of people living with HIV or AIDS, and measures to avert an epidemic

1. Measures should be taken to remove the contradictions which lead to an unwarrantedly severe approach to the issue of the actual use of illicit drugs by people suffering from drug addiction.  While in legislative terms this is not defined as a criminal act, in practice, people face prosecution for actions which are objectively linked, such as obtaining or possessing for personal use small amounts of narcotic substances.

Not implemented

2. The strategy of harm reduction for users of narcotics, which is an international method that has recommended itself and proved highly effective, needs to be made widely;.

Not implemented

3. The emphasis should be moved from the present ineffective fight against drug addicts who are, according to the approach adopted by the European Union, victims of organized drug crime, to the fight with the real culprit of  the rising level of drug abuse in Ukrainian society – namely organized drug crime.

Not implemented

4. It would be expedient to undertake immediate measures aimed at fighting corruption in the law enforcement bodies, in particular those within the system of the Ministry of Internal Affairs, which contributes to the increasing level of drug abuse in Ukrainian society and flagrant violations of the rights of drug addicts.

Not implemented

5. An effective model should be created aimed at educating the upcoming generation (children and young people) with a focus on a healthy way of living which ensures maximum opportunities for their physical, cultural and spiritual development, and affirms universally accepted values, the fostering of creative possibilities, since the existing system for bringing up young people has little effect and does not resolve the issues which they face;.

Not implemented

6. A healthy style of life should be declared a State priority, with support being provided by the government.

Not implemented

7. A broad complex of educational and information measures about drug addiction and HIV/AIDS, and the problems connected with them, should be implemented

Not implemented

8. Pass a Law on introducing amendments to Paragraph 1 of Article 309 of the Criminal Code of Ukraine which would remove from this Article the sanction in the form of deprivation of liberty, replacing it by a punishment involving participation in socially useful work on the basis of social rehabilitation centres; it would also supplement Paragraph 2 of Article 309 with an alternative sanction envisaging the involvement of those guilty of the acts referred to in the article in alternative liability in the form of socially useful work on the basis of social rehabilitation centres for a period longer than that envisaged by Paragraph 1  of Article 309, with the obligation to voluntarily undergo a medical rehabilitation course against drug addiction, defining drug addicts as those for whom such an alternative sanction would largely be applied.

Not implemented

9. Gradually change the system for assessing the effectiveness of the activities of police agencies. At the first stage to exclude from the effectiveness showings of the activities of police agencies in the area of fighting the illegal circulation of drugs such indicators as the launching of criminal cases under Article 309 of the Criminal Code (for illegal actions relating to drugs but not for the purpose of selling them). At the second stage – to draw up and implement a system which meets modern demands

Not implemented

10. Move the focus towards uncovering crimes related to the circulation of drugs, in particular, those connected with their illegal transportation onto the territory of the state, their production and preparation in order to sell them, and also crimes of involving minors in drug abuse.  We would thus achieve a transfer of the efforts of police agencies towards fighting organized drug crime which is directly responsible for the increased drug abuse in Ukrainian society, and not fighting ordinary illicit drug users.

Not implemented

11. Introduce amendments in the table of small, large and particularly large amounts of narcotic drugs, psychotropic substances and precursors in illegal circulation, approved by Order No. 188 of the Ministry of Health of Ukraine from 01.08.2000, as regards defining where the borders lie, in particular of doses for personal use by drug addicts, with this being determined by a competent drug abuse commission;.

Not implemented

12. Introduce a comprehensive system of medical and social assistance for those suffering from drug addiction which would unite programs for detoxification, rehabilitation, substitution therapy, psychological and social reintegration.

Not implemented

13. Ensure that drug addicts are informed as to the presence and available of medical and social services, the provision of services to injecting drug users and people living with HIV/AIDS for protecting their rights and legitimate interests, establishing precedents in bringing those responsible for violating the rights of injecting drug users and people living with HIV/AIDS to answer

Not implemented

 

 

 

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