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Elements of the Action Plan on Visa Liberalization (APVL)
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Measures, envisaged by the Government (according to the National Plan on implementation of the Action Plan on Liberalization by the EU of a Visa regime for Ukraine)
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Comments
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BLOCK 1: DOCUMENT SECURITY, INCLUDING BIOMETRICS
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| 1. Adoption of a legal framework for issuing of machine readible biometric international passports in full compliance with highest ICAO standards on the basis of secure identity managment (civil registry and breeder documents) and taking into account adequate protection of personal data. |
Submission of the draft Law "On Documents Identifying a Person and Confirming Citizenship of Ukraine" to the Cabinet of Ministers of Ukraine for further submission to the Verkhovna Rada of Ukraine for consideration within the established procedure. The draft Law will regulate an introduction of the documents of Ukraine for travelling abroad with an electronic chip containing boimetric data, as well as which will regulate procedure of procurement of blank-sheets of such documents. (May, 2011). |
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All Government initiatives regulated the introduction of biometric passports for travelling abroad, submitted during
2011-2012 years were not supported by the Parliamentarian majority.
On October 2, 2012 the draft law “On the Unified State Register of Demographics and Documents Confirming the Citizenship of Ukraine, Proving Identity or Special Status”” (№ 10492) initiated by the deputy from party of Region,Vasyl Hrytsak was submitted and approved by the Verkhovna Rada of Ukraine.
See below.
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Providing supervision of the draft Law "On Documents Identifying a Person and Confirming Citizenship of Ukraine" at the Verkhovna Rada of Ukraine (till the adoption of the Law) |
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On February 15, 2012 at the Cabinet of Ministers session the draft law "On the documents indentifying person, confirmeng the citizenship of Ukraine and providing the rights of entrance to Ukraine and exit from Ukraine" , developed by the Ministry of Justice of Ukraine was approved.
On February 20, the law was registered in Rada (#10036 - 1). On February 10 , however other new law (№ 10036) pushed by group of deputies was registered.
On March 20, Rada failed to vote to include the drafts mentioned above to the Parliament's agenda (206 votes instead of 226 minimall needed).
Also further attempts to approve governmental draft law failed to be supported.
On October 2, 2012,initiated by Vasyl Hrytsak (deputy of Party of Region Faction) and submitted to the Verkhovna Rada of Ukraine the draft law № 10492 “On the Unified State Register of Demographics and Documents Confirming the Citizenship of Ukraine, Proving Identity or Special Status” was approved.
On October 19 the President of Ukraine vetoed this Law and sent it back to the Verkhovna Rada of Ukraine together with his proposals.
On November 20, 2012, the Verkhovna Rada of Ukraine passed the law № 10492 “On the Unified State Register of Demographics and Documents Confirming the Citizenship of Ukraine, Proving Identity or Special
Status” considered the proposals made by the President after his veto to the previous edition.
The Law came into force on December 6, 2012.
Mainly, the Law regulates the introduction of electronic passports for travelling abroad. However, most likely the
law needs to be improved as according to human rights defenders it violates the main provisions of the European Convention on personal data protection, its additional Protocol and other relevant international instruments in the sphere of human rights protection.
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Adoption of legislative acts necessary for introduction of documents of Ukraine for travelling abroad with an electronic chip containing biometric data, in particular, as regards an approval of technical descriptions of the relevant specimens of passport of a citizen of Ukraine for travelling abroad , travel document of a refugee for travelling abroad. (during one month after the adoptiojn of the Law). |
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| 2. Adoption of an Action Plan containing timeframes for the complete roll-out of of ICAO-compliant biometric international passports, including at Ukrainian consulates abroad, as well as the complete phasing out of non-ICAO compliant passports. |
Adoption of the Action Plan on introduction of documents of Ukraine for travelling abroad with an electronic chip of biometric data and establishment of a national system of biometric verification and identification of citizens of Ukraine, foreigners and persons without citizenship, which, in particular, will define measures for the development of a national system of biometric verification and identification of citizens of Ukraine, foreigners and persons without citizenship residing in Ukraine, personalization of documents identifying a person , as well as control over circulation of documents identifying a person with an electronic chip containing biometric data (during one month after an adoption of the Law on Documents Identifying a Person and Confirming Citizenship of Ukraine). |
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| Elaboration of a programme for phasing out of documents for travelling abroad, the specimens of which do not comply with the International Civil aviation Organization (ICAO) standards (Septtember 2011). |
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Programme of phasing out of non-ICAO compliant documents for travel abroad was adopted by the Decree of the Ministry of Interior 20.09.2011 #693.
However, higher level of regulation is still needed (Cabinet of Ministers regulation) as not the entire sphere of documents is under Ministry of Interior responsibility.
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| 3. Establishment of training programmes and adoption of ethical codes on anti-corruption targeting the officials of any public authority that deals with issuance of Internation passports as well as domestic passports and other breeder documents identifying a person. |
Providing supervision of a draft Law "On Conflict of Interest in activities of Public Officials" (registration № 4420), a draft Law "On Rules of Professional Ethics at Public Service and Prevention of Conflicts of Interests" (registration № 4420-1) at the Verkhovna Rada of Ukraine (till the adoption of the laws). |
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On February 8, 2012, Verkhovna Rada adopted the draft law "On the etical rules (#4362-VI).
See: http://zakon1.rada.gov.ua/laws/show/4362-vi
Previously considered drafts "On Conflict of Interest in activities of Public Officials" (registration № 4420), a draft Law "On Rules of Professional Ethics at Public Service and Prevention of Conflicts of Interests" (registration № 4420-1) were partially integrated into the new draft. |
| Issuance of a joint legislative act on a code of conduct of the officials who deal with the issuance of documents identifying a person ( May 2011). |
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Adopted by the joint Decree of the MFA, MoI, Ministry of Infrastructure 319/149/145/145 on 14.06.2011
http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=z0784-11 |
| Elaboration of a programme of education and raising awareness for officials who deal with issuance of documents identifying persons (June 2011). |
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On June 21, 2011 the Programme of education and raising awareness for officials who deal with issuance of documents identifying persons was approved by the Minister of interior
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BLOCK 2: ILLEGAL IMMIGRATION, INCLUDING READMISSION
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| Border management |
4. Adoption of all necessary measures for the implementation of the law-enforcement programme on State Border Development and Reconstruction for the period till 2015 and State Border Guards Service of Ukraine development concept for the period up to the year 2015, including a legal framework for inter-agency cooperation between the Border Guard Service, law enforcment agencies and other agencies involved in border management and allowing the Border Guard Service to participate in detection and investigation of cross-border crime in coordination with all competent law enforcment authorities.
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Continuation of implementation of the Concept of the Development of the State Border Guard Service of Ukraine untill 2015, approved by the Decree of the President of the President of Ukraine of 19 June 2006 №546 (during 2011). |
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The new law "On the border control" was adopted on November 5, 2009, amended on December 2, 2010. During the first half of 2011 the Cabinet of ministers adopted 8 by-laws aimed to implement the law properly.
Further regulations needed allowing Border Guard Service to participate in detection and investigation of cross-border crime.
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Continuation of implementation of the state targeted law enforcement Programme "Development and Reconstruction of the State Border of Ukraine" until 2015, approved by the Decree of the Cabinet of Ministers of Ukraine of 13 June 2007 № 831 (during 2011).
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The four-layer system of border management has been mostly created.
Further efforts needed to catch up the schedule established by the Programme.
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| 5. Adoption of a National Integrated Border Management Strategy and an Action Plan for its effective implementation, containing a timeframe and specific objectives for the further development of legislation, organisation, infrastructure, equipment, as well as sufficient financial and human resources in the area of border management. |
Providing implementation within the Budgetary Allotment of the Action Plan on implementation of the Concept of Integrated Border Managament approved by the Resolution of the Cabinet of Ministers of Ukraine of 5 January 2011 № 2-r (during 2011). |
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The Concept of Integrated Border Management adopted on October 27, 2010.
Action Plan on its implementation. containing a timeframe and specific objectives for the further development of legislation, organisation, infrastructure, equipment etc adopted on January 7, 2011.
Implementation is underway
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| Preparation of proposals for Ukraine's needs in international technical assistance for implementation of the Concept of Integrated Border Management. Submission of the proposals to the Ministry of Foreign Affairs of Ukraine and the Ministry of Economic Development and Trade of Ukraine in order to hols consultations with the international organization and foreign states on involvement of such assistance (May 2011). |
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| 6. Establishment of training programmes and adoption of ethical codes on anti-corruption specifically targeting border guards, customs and any other officials involved in border management. |
Issuance of a legislative act on code of conduct of the officials who deal with the border management. Intensification of training activities in the sphere of anti-corruption for officials which deal with the border management (June 2011). |
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The Code of conduct of the officials dealing with the border management adopted on July 5, 2011 by the joint Decree of the relevant agencies:
#330/151/809/434/146
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=z0922-11 |
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| Migration management |
| 7. Adoption of a legal framework for migration policy providing for an effective institutional structure for migration management, rules for entry and stay of foreigners, measures for the reintegration of Ukrainian citizens (returning voluntarily or under the EU-Ukraine readmission agreement), monitoring of migration flows, the fight against illegal migration (including return procedures, rights of persons being subject thereto, detention conditions, efforts to conclude readmission agreements with main countries of origin, inland detection of irregular migrants). |
Submission of the draft Law "On the Legal Status of Foreigners and Stateless Persons" (new edition) to the Cabinet of Ministers of Ukraine to be further submitted to the Verkhovna Rada of Ukraine for consideration within the established procedure (May 2011). |
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The draft was submitted to Rada on May 26, 2011. |
| Providing supervision of the draft Law "On the Legal Status of Foreigners and Stateless Persons" (new edition) at the Verkhovna Rada of Ukraine (till the adoption of the Law). |
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Adopted on September 22, 2011, entered into force, covers the most of benchmarks, including procedures of return and expulsion of illegally staying foreigners
http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=3773-17&c=1#History |
| Holding negotiations on conclusion of internatrional agreements on readmission of persons with coutries of origin (transit) of illegal migrants (during 2011). |
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Readmission agreement with Russia (amended) entered into force.
MFA is negotiating readmission agreements (at different stages) with Armenia, Azerbaijan, Kazakhstan, Kyrghyzstan, Tajikistan, Belarus, India, Iraq, Iran, Sri-Lanka, China, Afganistan.
Negotiations on implementation protocols on readmission with the EU Member States are underway.
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| Adoption of the Action Plan on Foreign Migrants' Integration in Ukraine and Reintegration of Ukrainian Migrants in Ukraine for 2011-2015 (during the first half of 2011). |
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Cabinet of Ministers adopted an Action Plan on June 15, 2011, #653-p.
However the content of the document adopted is not fully sufficient as it does not contain measures for reintegration of Ukrainian migrants after their return home.
See: http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=653-2011-%F0
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| Adoption of the Decree by the Cabinet of Ministers of Ukraine on the procedure for a voluntary return of foreigners and stateless persons to countries of their origin and explulsion from Ukraine of foreigners and stateless persons (within a month after the adoption of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons"(new edition)). |
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The law "On the Legal Status of Foreigners and Stateless Persons" containing relevant norms entered into force in October 2011.
Relevant by-laws drafting is underway. |
| Conduction of a functional inspection of the state authorities responsible for implementation of the state policy on migration management within the implementation of the Programme on Comprehensive Institutional Building (CIB) under the framework of the Eastern Partnership initiative of the EU (May 2011). |
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Inspection has been conducted. Data available is not sufficient. |
| 8. Adoption of a National Migration Management Strategy for effective implementation of the legal framework for migration policy and and Action Plan, containing a timeframe, specific objectives, activities, rezults, performance indicators and sufficient human and financial resources. |
Submission of a draft Decree of the President of Ukraine "On Adoption of the Concept of Migration Policy of Ukraine" (during 2011). |
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Adopted the Decree of President #622/2011 on May 30, 2011 |
Adoption of the Action Plan on implementation of the Concept of Migration Policy of Ukraine and submission of proposals on institutional reform in the field of migration management within the established procedure (June 2011).
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Action Plan on implementation of the Concept of Migration Policy of Ukraine was adopted on October 12, 2011. #1058-р.
See: http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=1058-2011-%F0 |
| 9. Establishment of a mechanism for the monitoring of migration flows, defining a regularly updated migration profile for Ukraine, with data both on illegal and legal migration , and establishing bodies responsible for collection and analysis of data on migration stocks and flows. |
Improvment of the data exchange mechanism within the integrated inter-agency information and telecommunication network "Arkan" which controls crossing of the state border of Ukraine by persons, transport vehicles and cargo (during 2011). |
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Governmental Working group on migration and protection of migrant's rights on 07.07.2011 adopted decision on further development of inter-agency "Arkan" information system regarding bodrer crossing |
| Creation of a unified national database for monitoring migration flows in Ukraine (June 2011). |
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Document is at the final stage of adoption.
On 09 09.2011 the draft was submitted to the members of the Expert Council of State Migration Service. Relevant draft of Cabinet of Minister's Regulation has been developed.
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| Preparation of proposals on Ukraine's needs in international technical assistance for creation of a unified national data base for monitoring migration flows. Submission of the proposals to the Ministry of Foreign Affairs of Ukraine and the Ministry of Economic Development and Trade of Ukraine in order to hold consultations with the international organizations and foreign countries on involvment of such assistance (May 2011). |
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According to the information available, on 23.05.2011 State Migration Service submitted its proposals to the Ministry of Economic Development and Trade |
| Holding consultations on involvement of international technical assistance for creation of a unified national database for monitoring migration flows. Submission of relevant proposals to the Cabinet of Ministers of Ukraine (May 2011). |
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| Asylum policy |
| 10. Adoption of legislation in the area of asylum in line with international standards (1951 Geneva Convention with New York Protocol) and EU standards, providing grounds for international protection (including subsidiary forms of protection), procedural rules on examination of applications for international protection, as well as rights of asylum seekers and refugees. |
Providing supervision of the draft Law "On Refugees and Persons in need Of Subsidiary and Temporary Protection" (registartion № 7252) at the Verkhovna Rada of Ukraine (till the adoption of the Law). |
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Adopted on July 8, 2011, entered into force. This law is a substantial step ahead, as it establishes sufficient norms for asylum seekers (for the first time in Ukraine)
http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=3671-17 |
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Drafting of legislative acts necessary for implementation of the Law "On Refugee and Persons in Need of Subsidiary and Temporary Protection" (within a month after the adoption of the Law). |
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Under drafting and adoption process.
In particular, Ministry ogf Interior order was adopted (dated 07.09.2011 # 649) "On the rules of Processing of Refugees and Persons in Need of Subsidiary and Temporary Protection Appications".
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BLOCK 3: PUBLIC ORDER AND SECURITY
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| Preventing and fighting organized crime, terrorism and corruption |
11. Adoption of a comprehensive strategy to fight organized crime, together with an action plan conatining a timeframe, specific objectives, activities, results, performance indicators and sufficient human and financial resources. |
Submission of a draft Concept of the Policy in the Sphere of fighting Organised Crime to the Cabinet of Ministers of Ukraine for further submission to the President of Ukraine within the establishe procedure (May 2011). |
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On the November 22, 2011 the Cabinet of Ministers of Ukraine approved this Document and reffered it to the President of Ukraine. The Concept was approved by the Decree of the President dated 21 October, 2011 , 1000/2011
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=1000%2F2011 |
Submission of a draft Action Plan on Implementation of the Concept of the State Policy in the sphere of Fighting Organised Crime to the Cabinet of Ministers of Ukraine for consideration within the established procedure (within a month after the adoption of concept). |
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Adopted by the Cabinet of Ministers on 25.01.2012 |
12. Adoption of a Law "On trafficking in human beings", adoption of an Action Plan to effectively implement the State Programme for Combating Trafficking in human beings containing a timeframe, specific objectives, activities, results, performance indicators and sufficient human and financial resources. |
Submission of a draft Law "On Counteraction to Trafficking in human Beings" to the Cabinet of Ministers of Ukraine for further submission to the Verkhovna Rada of Ukraine for approval within the established procedure (May 2011). |
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The Law has been elaborated through a number of consultations and discussions held with domestic and inetrnational civil society organizations. |
| Providing supervision of the draft Law "On Counteraction to Trafficking in Human Beings" at the Verkhovna Rada of Ukraine (till the adoption of the Law). |
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The Law "On Counteraction to Trafficking in Human Beings" has been adopted (20.11.2011) and signed by the President of Ukraine. The Law complies to a relevant Council of Europe's Convention.
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Submission of a draft Law "On Adoption of the National Programme on Counteraction to Trafficking in Human Beings until 2015" to the Cabinet of Ministers of Ukraine for durther submission to the Verkhovna Rada of Ukraine within the established procedure (within a month after the adoption of the Law).
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On February 15, 2012 the Cabinet of Ministers adopted the Concept of the National Social Programme on Counteraction to Trafficking in Human Beings until 2015
Ministry of social policy is determined to be responsible for counteraction to trafficking in human beings.
The Programme (Action Plan) itself should be elaborated within the 3 months term.
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Providing supervision of the draft Law "On Adoption of the National Programme on Counteraction to Trafficking in Human Beings until 2015" at the Verkhovna Rada of Ukraine (till the adoption of the Law).
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Only the Concept (Strategy) of the Programme (Action Plan) has been elaborated and approved on February 15 by the Cabinet of Ministers.
The Programme (Action Plan) itself should be elaborated within the 3 months term. |
Providing supervision of the draft Law "On a Free Legal Assistance" (registartion № 4406) at the Verkhovna Rada of Ukraine (till the adoption of the Law).
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The Law "On a Free Legal Assistance" has been adopted on June 2, 2011. Signed by the President of Ukraine, and entered into force. |
| 13. Adoption of legislation on preventing and fighting corruption and establishment of a single and independent anti-corruption agency; strenghtening coordination and information exchange between authorities responsible for the fight against corruption. |
Submission of the draft National Strategy on Prevention and Counteraction to Corruption for 2011-2014 to the President of Ukraine within the established procedure (May 2011). |
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National Strategy on Prevention and Counteraction to Corruption for 2011-2014 to the President of Ukraine has been adopted by the Decree of the President of Ukraine dated 21 October, 2011 №1001/2011 http://www.president.gov.ua/documents/14092.html
On November 29, 2011, the Cabinet of Minister approved the State Programme (Action Plan) on Prevention and Couneraction Corruption which sets concrete measures, timeframes and responsible bodies.
The Law "On preventing and Countering Corruption" (# 3206 - IV) fully enforced since January 1, 2012.
Generally Ukrainian anti-corruption legislation requires further improvements in line with GRECO and OECD recommendations.
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| Improvement of activities of the units og the law enforcement bodies and other state authorities in the sphere of fighting corruption in the state sector (During 2011). |
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| Elaboration of standards for providing administrative services in the sphere of migration in order to make the process automatic (June 2011). |
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The Decree of the Ministry of Interior on "Approval of the Temporary standards for providing administrative services in the sphere of migration" dated June 29, 2011.№ 383 has been recommited by the Minstry of Justice of Ukraine without state registration.
The Decree supposed to be modified within one month, however the new edition of the Document has not yet been approved. |
| 14. Adoption of a national strategy for the prevention and fighting of money laundering and financing of terrorism; adoption of a law on the prevention of financing of terrorism. |
Submission of a draft of the joint Decree of the Cabinet of Ministers of Ukraine and the National Bank of Ukraine "On Adoption of the action Plan on Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime and Terrorism Financing for 2011" to the Cabinet of Ministers of Ukraine within the establised procedure (June 2011). |
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The Document has been approved by the Joint Decree of the Cabinet of Ministers of Ukraine and the National Bank of Ukraine on March 9, 2011 , № 270 http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=270-2011-%EF |
| 15.Adoption of a new National Strategic Programme on drugs and its related action plan; ratifying the Memorandum of Understanding with EMCDDA. |
Analyzing legislation in the sphere of combating illegal trafficking in drugs, psychotropic substances and precursors. Following the results of the analysis to submit the proposals to the Cabinet of Ministers of Ukraine on amendments to legislative acts inorder to improve the state regulation in the mentioned sphere (July 2011). |
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The Concept of the implementation of the state policy in the sphere of combating illegal trafficking in drugs, psychotropic substances and precursors for the period of 2011-2015 has been approved by the Decree of the Cabinet of Ministers of Ukraine №1808-r dated 13 September, 2010.
Its related Action Plan has been approved by the Decree of Cabinet of Ministers #2140-r dated October 22, 2010.
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| Intensification of cooperation between Ukraine and Euroepan Monitoring Centre for Drugs and Drug Addictions in the framework of the Memorandum of Understanding between the Ministry of Health of Ukraine and the european Monitoring centre for Drugs and Drug Addiction (during 2011). |
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The CMU has approved Concept "On establishment of the Drug situation monitoring system in the sphere of counteraction of illegal trafficking in drugs, psychotropic substances and precursors" on 18.10.2011 р.
The Memorandum of Understanding conculded between Ukraine and EMCDDA (28.01.2010) does not require ratification by the Verkhovna Rada of Ukraine. |
| 16. Adoption of relevant UN and Council of europe conventions in the areas listed above and on fight against terrorism. |
Identification of a list of international treaties in the sphere of fighting organized crime and terrorism to which Ukraine should accede and submission of the relevant proposals (May 2011).
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Ukraine has ratified all relevant UN and Council of Europe Conventions and Protocols exept one: UN Protocol against the Illicit Manufacturing of and trafficking in Firearms,Their Parts and Components and Ammunition (2001).
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| Judicial cooperation in criminal matters |
| 17. Adoption of a legal framework on mutual legal assistance. |
Providing supervision of a draft Law "On Ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in criminal Matters" at the Verkhovna Rada of Ukraine (till the adoption of the law). |
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June 1, 2011, ratified |
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| 18. Ratification of the 2nd Protocol of the european Convention on mutual legal assistance. |
Providing supervision of a draft Law "On Amendements to a Ceratin Legislative Acts of Ukraine in the Context of Ratification of the Second Additional Protocol to the European Conventin on Mutual Assistance in Criminal Matters" at the Verkhovna Rada of Ukraine (till the adoption of the Law). |
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The Law of Ukraine "On Amendements to a Certain Legislative Acts of Ukraine in the Context of Ratification of the Second Additional Protocol to the European Conventin on Mutual Assistance in Criminal Matters" has been adopted on July 16, 2011 and entered into force. |
19. Conclusion of an agreement with Eurojust. |
Holding negotiations on the text of the Agreement between Ukraine and the Eurojust on Cooperation (September 2011). |
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According to the Ministry of Justice of Ukraine, the Agreement with Eurojust was initialled on December 8, 2011.
Awaiting for official signing. |
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| Law enforcement co-operation |
| 20. Establishment of an adequate coordianation mechanism between relevant national agencies and a common database guaranteeing direct access in the entire territory of Ukraine. |
Adoption of a common instruction on cooperation between the law enforcement bodies in the sphere of fighting organized crime (May 2011). |
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Approved by the Joint Decree of the Ministry of Internal Affairs and Central administration of Ukrainian Security Service on 10.06.2011 N 317/235 http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=z0822-11 |
| 21. Conclusion of an operational cooperation agreement with Europol with special emphasis on data protection provisions. |
Hoding negotiations on the text of the Agreement between Ukraine and the Europol on Operational Cooperation (September 2011). |
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Underway. The conclusion of the agreement depends first of all on a positive assesment of the operation of the national system of personal data protection in Ukraine. The negotiations are still ongoing and continuing. |
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Conclusion of the Agreement between Ukraine and the Europol on Operational Cooperation (IV quarter of 2011). |
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| Data Protection |
| 22. Adoption of an adequate legislation on the protection of personal data and establishment of an independent data protection supervisory authority. |
Elaboration of drafts of legislative acts necessary for implementation of the Law "On Personal Data Protection" and functioning of the State Service of Ukraine for Personal Data Protection (during 2011). |
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The Law "On Amendments to a Certain Legislative Acts of Ukraine on Violation of Legislation on Personal Data Protection" has been elaborated and submitted for consideration to the Verkhovna Rada of Ukraine. The The State Service of Ukraine for Personal Data Protection was established on December 9, 2010. The process of its institutional establishment is still ongoing.
Ukrainian legislation on data protection requries amendments. Ministry of Justice started relevant consideration.
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| Providing supervision of the draft Law on Amendments to a Certain Legislative Acts of Ukraine on Violation of Legislation on Personal Data Protection during its consideration at the Verkhovna Rada of Ukraine (till the adoption of the law). |
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The Law "On Amendments to a Certain Legislative Acts of Ukraine on Violation of Legislation on Personal Data Protection" has been adopted on 02.06.2011. |
| 23. Ratification of relevant international conventions, such as the Council of Europe Convention for the Protection of Indivifuals with regardto the Automatic Processing of Personal Data and its 2001 Protocol. |
Identification of a list of international treaties in the sphere of personal data protection to which Ukraine should accede and submissin of relevant suggestions, if appropriate (May 2011). |
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The abovementioned Convention and Protocol were ratified in June, 2010. |
BLOCK 4: EXTERNAL RELATIONS AND FUNDAMENTAL RIGHTS
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| Freedom of movement within Ukraine |
| 24. Revision of legal and regulatory framework on registration and de-registration procedures for Ukrainian citizens and legally staying foreigners or stateless persons with a view to avoiding unjsutified restrictions or obligations to their freedom of movement within Ukraine in particular with respect to conditions for legal stay without residence registartions and measures taken in case of failing to register as well as on the liability of tenants. |
Carrying out an analysis of legisalative acts defining procedures for registration/deregistration of place of residence and stay of citizens of Ukraine, foreigners and stateless persons who reside pon the territory of Ukraine on a legal basis. Submission, if necessary, of the relevant proposals on improvement of legislation in this sphere aimed at ensuring equal access for all persons to mentioned procedures to the Cabinet of Ministers of Ukraine (May 2011). |
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The Draft Law "On Amendments to a Certain Legislative Acts of Ukraine on registration/deregistration of place of residence and stay of citizens of Ukraine" has been elaborated and submitted to the Ukrainian Parliament by the State Migration Service of Ukraine.
The Draft Law "On Amendments to a Certain Legislative Acts of Ukraine on registration/deregistration of place of residence and stay of citizens of Ukraine" (№9289 dated 13.10.11 ) has been registered in the Verkhovna Rada of Ukraine. The provisions of the draft law were elaborated on the basis of the analysis of legislative acts, which currently define procedure of registration of residence place. The draft also includes recommendations of the EC and EEAS,which are placed in the EC report on Ukraine's progress in implementation of the first phase of the APVL.
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| 25. Revision of legal and regulatory framework so asto ensure effective access to travel and identity documentation without discrimination, and in particular as regards vulnerable groups . |
Carrying out an analysis of legal basis regulating issuance of travel documents and documents identifying a person. Submisiion of relevant proposals on improvement of legislation in this sphere on order to ensure equal access of all persons to mentioned procedures to the Cabinet of Ministers of Ukraine, if necessary (May 2011). |
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The question is under consideration of the Ministry of Justice of Ukraine |
| Citizens' rights including protection of minorities |
| 26. Adoption of comprehensive anti-discrimination legislation, as recommended by UN and Council of Europe monitoring bodies, to ensure effective protection against discrimination. |
Submission of a draft Decree of the President of Ukraine "On Adoption of the Strategy on Combating Discrimination in Ukraine" to the Cabinet of Ministers of Ukraine within the establishe procedure to be further submitted to the President of Ukraine for consideratin (May 2011). |
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The document has been elaborated through a number of consultations and discussions held with NGOs. The Public debate on the Strategy on Combating Discrimination in Ukraine held on the web -site of the Ministry of Justice of Ukraine has been finished.
The Document is expected to be considered by the Cabinet of Ministers and further signed by the President. The document defines main goals and principals of Combating Discrimination in Ukraine, however it lacks concrete mechanisms of combating Discrimination. |
| 27. Actively pursue the specific recommendation of UN bodies, OSCE/ODIHR, the Council of Europe/ECRI and international human rights organisations in implementing anti-discrimination policies, protecting minorities and combating hate crimes. |
Providing and active cooperation with the UN, the OSCE, the Council of Europe on efficient implementation of anti-discrimination strategies of these organizations in Ukraine (during 2011). |
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The active interaction between governmental bodies and relevant international organizations has been reflected in a large number of joint activities. Meanwhile, independent reports on Ukraine's performance in this sphere are still rather critical. |
| 28.Ratification of relevant UN and Council of Europe instruments in the fight against discrimination |
Identification of a list of international treaties in the sphere of fighting all demonstrations of discrimination to which Ukraine should accede and submissin of relevant suggestions, if necessary (May 2011). |
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Ukraine is a part of majority of the international treaties in the sphere of human rights protection.
On November 7, 2011 Ukraine has signed the Council of Europe’s Convention "On the Violence against Women and Domestic Violence"
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| 29. Specify conditions and circumstances for the acquisition of Ukrainian citizenship |
Providing active spreading of information about legal basis on acquisition of citizenship of Ukraine (May 2011). |
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This provision of the VLAP lacks clear benchmarks. |
- Complete
- Under implementation
- Implementation dіd not start