Analysis of the Agendas of the Extraordinary Plenary Meetings of the Verkhovna Rada Due to Take Place on Tuesday

Tue, 30/03/2021 - 10:30

The first sitting is expected to start at about 12:30 (questions 1-2, initiated by 150+ MPs), on the President’s Request, at 13:00 (Items 3–15); and then the sitting on the Request of 156 MPs – immediately after the end of the first extraordinary plenary meeting (items 16-21).

 

1. Hearing information from the Commander-in-Chief of the Armed Forces of Ukraine, Colonel-General Khomchak R.B. on the escalation of the Russian-Ukrainian armed conflict.

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2. Draft Resolution 5312 (O. Merezhko) ON THE STATEMENT OF THE VERKHOVNA RADA OF UKRAINE CONCERNING THE ESCALATION OF THE RUSSIAN-UKRAINIAN ARMED CONFLICT - approves in order to end hostilities in eastern Ukraine, calls on foreign parliaments to condemn the latest wave of Russian aggression. Instructs the Chairman of the Verkhovna Rada to ensure its immediate referral to national governments and parliaments of foreign states, international organizations and their parliamentary assemblies.

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3. Draft Law No. 3553 (President) (second reading; the Committee proposes that the bill be adopted as a whole) “ON AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE TO IMPROVE SOME ASPECTS OF DISCHARGE OF MILITARY DUTY AND MAINTENANCE OF MILITARY REGISTRATION” – comprehensive amendments to 42 Laws (Codes); instead of military registration and enlistment offices, it territorial centers for recruitment and social support will be formed – with gradual transition from compulsory drafting to voluntary recruitment; the bill establishes that the Unified State Register of Conscripts will interact with other government agencies; strengthens criminal and administrative liability for evasion of conscription, military registration and training sessions; introduces a new type of military service – conscription service of reservists during a special period – for no more than 6 months; creates a system of training of reservists and conscripts.

FOR (+) No. 3553: Wider opportunities to replenish military units during a special period without announcing mobilization; strengthening the combat capability of the Armed Forces of Ukraine; additional social guarantees for reservists; automation of processes of military registration of human resources; the possibility to create an electronic military service card within the Diia application with further opportunities for re-registration without participation of military officials.

AGAINST (–) No. 3553: Violation of the rights and freedoms of reservists who already have combat experience – when they are called up for military service without announcement of mobilization at any time during a special period; additional budget spending on the relevant centers and financial support.

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4. Draft Law No. 5300 (President) (first reading; the Committee will get together at 11:00 on March 29) “ON GRANTING ASSISTANCE TTO INSURED PERSONS DURING THE PERIOD OF IMPLEMENTATION OF THE RESTRICTIVE ANTI-EPIDEMIC MEASURES INTRODUCED TO PREVENT THE SPREAD OF THE ACUTE RESPIRATORY DISEASE COVID-19 CAUSED BY THE CORONAVIRUS SARS-COV-2” – the bill provides for the granting of one-time financial assistance (in the amount of 8,000 UAH) from the State Budget to insured (1) employees (for whom the unified social contribution has been paid in full) hired by economic subjects, and (2) individual entrepreneurs – who had to stop working temporarily as a result of the additional anti-epidemic measures; local self-government bodies will be allowed also to make compensation payments from the local budgets to persons negatively affected by the additional restrictions.

FOR (+) No. 5300: Strengthening social support for employees and individual entrepreneurs who had to stop working because of the pandemic; recommendatory, rather than binding, nature of the provisions on the payment of assistance from local budgets.

AGAINST (–) No. 5300: Failure to extend the financial assistance to employees that have not been officially registered as well as to those who do not meet the assistance requirements for other reasons; depriving some applicants of the right to financial assistance through the fault of their employers; the limited scope of the resources that can be allocated from the local budgets for the additional payments.

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5. Draft Law No. 5064 (A. Motovylovets) (first reading; the Committee proposes that the bill be adopted as a whole) – “ON AMENDING THE LAW OF UKRAINE ‘ON STATE ASSISTANCE TO FAMILIES WITH CHILDREN’ REGARDING PROVISION OF ASSISTANCE IN CONNECTION WITH PREGNANCY AND CHILDBIRTH AND EFFECTIVE USE OF BUDGET FUNDS WHEN FINANCING ONE-TIME IN-KIND ASSISTANCE ‘BABY PACKAGE’” – the bill defines the bodies of social protection of the population at the place of residence of parents (adoptive parents, guardians, trustees) as institutions allocating and paying state benefits in connection with pregnancy, sets the cost of the one-time in-kind assistance “baby package” at three times the minimum subsistence level as of January 1 of the respective budget year (previously, the provision specified no less than three times the minimum subsistence level as of the day of provision of the package).

FOR (+) No. 5064: Elimination of legal uncertainty and introduction of a clear mechanism for the payment/provision of assistance in the form of “baby package.”

AGAINST (–) No. 5064: The actual partial reduction in the cost of the “package” for babies born after the subsistence level was increased during the year.

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6. Draft Laws Nos. 5197 (S. Bunin), 5197-1 (P. Khalimon), 5197-2 (R. Pidlasa) (first reading; the Committee recommends that No. 5197-2 be adopted as a basis) “ON AMENDING APPENDICES NO. 3 AND NO. 4 TO THE LAW OF UKRAINE ‘ON THE STATE BUDGET OF UKRAINE FOR 2021’ TO SUPPORT THE ACTIVITIES OF THE MINISTRY OF AGRAGIAN POLICY AND FOOD OF UKRAINE” – the bill amends the State Budget by redistributing funds to the newly created Ministry of Agrarian Policy and Food (providing for an increase of 6.8 billion UAH, of which 422.3 million UAH will be allocated to the State Fishery Agency and 1.52 billion UAH to the StateGeoCadaster); the expenses of the Ministry of Information Policy will be increased by 10 million UAH; at the same time, there will be decreases in the expenses of the Ministry of Economic Development (by 6.4 billion UAH), the Ministry of Ecology (by 0.4 billion), the current State Fishery Agency (by 0.4 billion UAH), and the State Agency of Ukraine on Exclusion Zone Management (by 10 million UAH).

FOR (+) No. 5197-2: Providing for the financing of the Ministry of Agrarian Policy, thus enabling the Ministry to start functioning after the adoption of the decision to create it.

AGAINST (–) No. 5197-2: Inconsistency of state policy: the Ministry of Agrarian Policy was first liquidated and then reinstated.

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7. Draft Laws Nos. 4020 (Cabinet of Ministers) 4020-1 (N. Korolevska), 4020-2 (Y. Kisyel), 4020-3 (R. Pidlasa) (first reading; the Committee recommends that No. 4020 be adopted as a basis) “ON THE LIST OF STATE PROPERTY OBJECTS NOT SUBJECT TO PRIVATIZATION” – No. 4020 proposes approving lists of state property objects not subject to privatization – those are objects providing for energy independence and defensive capacity of the state; natural monopolies whose activities are crucial for society, etc. In particular: 1) list of joint-stock companies whose authorized capital must have no less than 50% + 1 share of corporate rights belonging to the state (9 objects); 2) list of economic partnerships and associations in whose authorized capital the share of the state is 100%, plus state commercial and public enterprises (74 objects); 3) list of objects of culture and sports (133 objects); 4) list of state enterprises that are not subject to privatization but can be transformed into economic partnerships (102 objects); 5) list of forestry objects (341 objects).

FOR (+) NO. 4020: State oversight of the preservation and use of the property of companies and commercial associations not subject to privatization; protection of state property objects that are really important for Ukraine’s development against unjustified privatization or privatization running counter to the interests of the Ukrainian people.

AGAINST (–) NO. 4020: In the list of enterprises that are not subject to privatization but can be transformed into economic partnerships, the size of the state-owned share that must remain in the authorized capital of those entities after such transformation is not specified; Appendix 1 includes NJSC “Naftogaz” and JSC Ukrainian Railways, which implies the possibility of privatization of 50% minus 1 share of those companies, which is not justified at present.

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8. Draft Law No.  5153 (President) (first reading, the Committee recommends law be adopted as a basis) “ON AMENDING THE TAX CODE OF UKRAINE TO STIMULATE THE DE-SHADOWING OF INCOMES AND ENHANCING THE TAX CULTURE OF CITIZENS THROUGH INTRODUCTION OF VOLUNTARY DECLARATION BY INDIVIDUALS OF ASSETS BELONGING TO THEM AND PAYMENT OF ONE-TIME DUES TO THE BUDGET” – the bill proposes conducting, between July 1, 2021, and July 1, 2022, voluntary declaring of assets of individuals (“natural persons”) that were previously acquired without payment of due taxes. The rates of the dues to be paid based on such declaring will be as follows: 5% – for currency deposited on bank accounts and money claim rights in respect of residents of Ukraine, other assets in Ukraine; 9% – for currency deposited on bank accounts abroad and money claim rights in respect of nonresidents of Ukraine. Movable and immovable property, proprietary and corporate rights, financial instruments registered abroad. Such opportunity will be granted to all citizens of Ukraine except for persons who, starting from January 1, 2005, submitted or were obliged to submit declarations in accordance with the anti-corruption legislation. The sources of incomes will not be checked; the declaration can be submitted in electronic form, in person, or via a notary; the declarant will be personified using a special code. The following may not be declared: (1) assets obtained from criminal offenses, except for those obtained as a result of avoidance of taxes/dues or violation of currency legislation; (2) assets of persons in respect of whom proceedings have been initiated on charges of legalization of criminally obtained incomes, financing of terrorism, use of funds obtained from illegal turnover of drugs and other psychotropics, and charges of corruption offenses. The following will be exempted from taxation: apartment with an area of up to 120 square meters or title to such apartment; house with an area of up to 240 square meters or unfinished construction project, provided that the person in question holds title to the land under the house; other non-commercial real estate with an area of up to 60 square meters; plots of land within the limits of privatization for free.

FOR (+) No. 5153: incentives for de-shadowing of incomes concealed from taxation; increased effectiveness of counteraction against erosion of the tax base; attraction of additional resources to the economy of Ukraine; activation of legal business; additional State Budget revenues.

AGAINST (–) No. 5153: The proposed tax amnesty will in fact be unjust in respect of the part of the population that justly and honestly paid and pays taxes from all their incomes and had no “special” taxation terms of this sort; a negative social effect can be created, since the state actually pardons people for offenses they deliberately committed; the proposed taxation rates of 5% and 9% for legalization/de-shadowing are not attractive for the oligarchs, who keep their money in offshore accounts, which is perfectly safe for themselves.

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9. Draft Law No.  5155 (President) (irst reading, the Committee recommends law be adopted as a basis) “ON AMENDING ARTICLE 16 OF THE LAW OF UKRAINE ‘ON CURRENCY AND CURRENCY TRANSACTIONS’ IN CONNECTION WITH AMENDMENTS TO THE TAX CODE OF UKRAINE TO STIMULATE THE DE-SHADOWING OF INCOMES AND ENHANCING THE TAX CULTURE OF CITIZENS THROUGH INTRODUCTION OF VOLUNTARY DECLARATION BY INDIVIDUALS OF ASSETS BELONGING TO THEM AND PAYMENT OF ONE-TIME DUES TO THE BUDGET” – the bill provides for exemption of persons who submitted their voluntary declaration from liability for violation of currency legislation.

FOR/AGAINST No. 5155: This bill is a derivative of No. 5153 and so the pros and cons are analogous to those for No. 5153.

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10. Draft Law No.  5156 (President) (only placement on the agenda, with shortened timeframe for submission of alternative bills, without consideration in the first reading) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES, THE CRIMINAL CODE OF UKRAINE, AND THE CRIMINAL PROCEDURAL CODE OF UKRAINE IN CONNECTION WITH AMENDMENTS TO THE TAX CODE OF UKRAINE TO STIMULATE THE DE-SHADOWING OF INCOMES AND ENHANCING THE TAX CULTURE OF CITIZENS THROUGH INTRODUCTION OF VOLUNTARY DECLARATION BY INDIVIDUALS OF ASSETS BELONGING TO THEM AND PAYMENT OF ONE-TIME DUES TO THE BUDGET” – the bill sets out the grounds and the procedure for exempting a person who submitted a voluntary declaration and complied with other requirements from administrative liability for violating the procedure for conducting settlements, the rules on currency transactions, the procedure for keeping tax records, the procedure for presenting auditors’ opinions; for non-issuance of payment orders for the payment of taxes, the procedure for collection and transfer of individual income tax and submission of information on paid incomes; the procedure for conducting settlements, performance of activities, submission of declaration of income and keeping records of revenues and expenses; the procedure for termination of legal entity or individual entrepreneurship; violations of legislation on financial  issues, on collection and record-keeping of the unified social contribution and pension dues. The bill establishes that the submission of voluntary declaration and payment of the due amount will be a ground for relieving the declarant from criminal liability for evading from payment of taxes, the unified social contribution and the pension dues; establishes guarantees regarding inadmissibility using documents obtained as a result of such declaring as evidence under respective articles; introduces criminal liability for illegal disclosure, transfer, or provision of access to information contained in the voluntary declaration.

FOR/AGAINST No. 5156: This bill is a derivative of No. 5153 and so the pros and cons are analogous to those for No. 5153.

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11. Draft Laws Nos. 4543 (Cabinet of Ministers) (second reading; the Committee proposes that No. 4543 be adopted as a basis) “ON AMENDING SECTION V ‘FINAL AND TRANSITIONAL PROVISIONS’ OF THE LAW OF UKRAINE ‘ON PRIVATIZATION OF STATE AND MUNICIPAL PROPERTY’ REGARDING PRIVATIZATION OF LARGE PRIVATIZATION OBJECTS” – No. 4543 proposes removing the paragraph imposing a temporary ban – for the period of the quarantine and the restrictive measures to prevent the emergence and spread of COVID-19 – on the holding of auctions for the sale of large privatization objects.

FOR (+) No. 4543: The implementation of preparative, organizational measures prior to the sale of large privatization objects at auctions and the holding of auctions for the sale of such objects will contribute to increased business activities and attraction of investments to the economy of Ukraine; the revenues of the general fund of the State Budget will be increased and the fulfillment of the plan of revenues from privatization will be more likely to occur.

AGAINST (–) No. 4543: Sale of state-owned objects under conditions of the pandemic and the crisis will minimize their value.

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12. Draft Law No. 4157 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES AND THE CRIMINAL CODE OF UKRAINE TO ENHANCE THE LEVEL OF LIABILITY FOR VIOLATING THE REQUIREMENTS OF TECHNOGENIC AND FIRE SAFETY” – the bill introduces considerable penal sanctions (510 – 8,500 UAH) for violating the requirements of technogenic and fire safety and failure to fulfill orders/ordinances/other documents requiring elimination of violations of the legislation on technogenic/fire safety; criminal liability if established for violation of technogenic safety requirements if it caused an accident; the amount of fine for unjustified calling of special services (3,400 – 10,200 UAH).

FOR (+) No. 4157: The bill creates  preconditions for decreasing the number of fires by means of preventing violations causing them, due to increased liability, in particular financial, of organizations/institutions/owners; the increase in the amount of fine for unjustified calling (according to information from the State Emergency Service, such ‘fake calls’ account for about half of all calls, approximately 75,000) will contribute at least to partial compensation to the state for the cost of an on-site visit of a special service brigade (an on-site visit of firemen costs about 41,500 UAH; in case of maximum sanction, the perpetrator will pay 25% of that amount); increased budget revenue.

AGAINST (-) No. 4157: The effectiveness of legal liability depends on inevitability of punishment rather than on its size.

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13. Draft Law No. 3931 (Cabinet of Ministers) (first reading; the Committee proposes that the bill be adopted as a basis) “ON AMENDING THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES TO ESTABLISH LIABILITY FOR INTERFERENCE WITH THE CONDUCT OF AUDITS FOR TECHNOGENIC AND FIRE SAFETY” – a separate Article of the bill establishes administrative liability for creating obstacles to the activities of officials of the central executive body in charge of state oversight in the sphere of technogenic and fire safety, in particular pertaining to the conduct of audits; also, the bill allows police officers and officials to draw up protocols and courts to consider such cases; police officers will be empowered to perform administrative detention to identify the perpetrator.

FOR (+) No. 3931: The bill creates conditions for resolving problems in situations when institutions/organizations do not allow fire inspectors to enter premises for inspecting the state of fire safety.

AGAINST (-) No. 3931: The effectiveness of legal liability depends on the inevitability of punishment; the Draft Law proposes that, instead of introducing a new type of offense, the Code of Ukraine on Administrative Offenses be supplemented with a new Article by singling out a part of offense mentioned in Article 188-8 of the Code of Ukraine on Administrative Offenses.

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14. Draft Law No. 4355 (M. Kriachko) (first reading; the Committee recommends that the bill be adopted as a basis) “ON AMENDING THE LAW OF UKRAINE ‘ON THE UNIFIED STATE DEMOGRAPHIC REGISTER AND DOCUMENTS CERTIFYING CITIZENSHIP OF UKRAINE, a person’s identity or special status” – the bill fixes at the level of a Law the definitions of the terms e-passport, e-passport for travel abroad; it establishes that an e-passport or an e-passport for travel abroad is issued for free at the respective person’s request and can be presented in the territory of Ukraine to certify identity and confirm citizenship, except in cases of crossing the state border or entering / leaving the occupied territory of Ukraine.

FOR (+) No. 4355: Extension of user-friendly paper-free services available through the mobile application of the Diia Portal; entrenchment in a Law and extension after 2021 on a permanent basis of the experimental project envisaged by a Government resolution and already used by about 5 million people.

AGAINST (–) No. 4355: The impossibility to use e-passports in cases of crossing the state border and entering or leaving the temporarily occupied territory of Ukraine; usage problems in no-Internet situations or lack of special equipment or reading software; it is not specified how the state bodies entrusted with verification of e-passports will carry it out.

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15. Draft Law No. 4667-1 (S. Babak) (second reading; the Committee recommends that the bill be adopted as a whole) “ON AMENDING CERTAIN LAWS OF UKRAINE ON AWARDING OF SCIENTIFIC DEGREES” – the bill improves the process of certification of applicants for higher education; attestation of doctors of philosophy will be carried out by a special standing board at the respective institute of higher education; of doctors of art, by an ad-hoc board; scientific achievements of the persons concerned, reviews/feedback, information about the special board, date/time/place of defense of thesis will be published on the websites of the relevant central executive body and the institute of education; the grounds for refusal to award the degree will be as follows: plagiarism, falsification, fabrication; on the same grounds, it will be possible to deprive a person of an already acquired degree; the Ministry of Education and Science will approve/revoke decisions of the special boards, approve the procedure for awarding the degree of Doctor of Philosophy/Sciences and submit it for approval to the Cabinet of Ministers; it will coordinate the creation of special ad hoc boards; the National Agency for Ensuring the Quality of Higher Education will develop the procedure for awarding the degree of Doctor of Philosophy (PhD) and for canceling decisions of a specialized ad hoc board to award the degree of Doctor of Philosophy.

FOR (+) No. 4667-1: A new, improved process of attestation of applicants for education; elimination of gaps in the relevant legislation; involving the National Agency for Ensuring the Quality of Higher Education in the attestation process; revocation of diplomas for plagiarism, falsification, fabrication.

AGAINST (–) No. 4667-1: It is unclear from the provisions whether Doctor of Philosophy is an educational degree and at the same time the first (lowest) scientific degree or an educational-scientific degree; in the text of the bill, the expression “in particular” is used, which prevents the legal norms from having the required degree of legal certainty.

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16. Hearing information from Head of the Security Service of Ukraine I.H. Bakanov, Head of the National Police of Ukraine I.V. Klymenko, acting Director of the State Bureau of Investigations O.O. Sukhachov about the events that took place on March 20, 2021, near the Office of the President of Ukraine.

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17. Draft Resolution No. 5295 (D. Arakhamia) “ON CONDEMNATION OF THE EVENTS THAT TOOK PLACE ON MARCH 20, 2021, NEAR THE OFFICE OF THE PRESIDENT OF UKRAINE” – the Draft Resolution condemns the violence at the protest rally near the building of the Office of the President of Ukraine in Bankova Street; the Ministry of Internal Affairs, the Security Service of Ukraine, and the State Bureau of investigation will be tasked with conducting an investigation and providing a legal assessment of those events, studying the participation of political parties and persons associated with them in organizing those protests; ensuring that those guilty are brought to justice and compensate for the financial losses; providing, on a weekly basis, the VR Committee on Law Enforcement with information on the progress of the investigation and the State Affairs Directorate with a calculation of the cost of the cost of the repairs and with funding sources.

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18. Draft Resolution No. 4447 (S. Kalchenko) “ON EARLY TERMINATION OF THE POWERS OF MP OF UKRAINE I. V. KOLYKHAIEV” – the draft proposes early termination of the powers of MP I.V. Kolykhaiev, who was elected mayor of Kherson.

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19. Draft Resolution No. 5012 (S. Kalchenko) “ON EARLY TERMINATION OF THE POWERS OF MP OF UKRAINE O.O. SKICHKO – the draft proposes early termination of the powers of MP O.O. Skichko, the current Head of the Cherkasy Oblast State Administration.

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20. Draft Resolution No. 5292 (A. Zahoruiko) “ON CALLING EARLY ELECTION OF THE MAYOR OF THE CITY OF KHARKIV, KHARKIVSKYI RAYON, KHARKIV OBLAST” – the bill provides for the calling of the early election of the mayor of Kharkiv on October 31, 2021.

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21. Draft Resolution No. 5291 (A. Zahoruiko) “ON CALLING EARLY ELECTION OF THE MAYOR OF THE VILLAGE OF SHEHYNI, YAVORIVSKYI RAYON, LVIV OBLAST” – the bill provides for the calling of the early election of the mayor of the village of Shehyni, Yavorivskyi rayon, Lviv oblast, on October 31, 2021.