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The review deals with the Ukrainian legislation in the field of telecommunications and needs for its approximation to the legislation of the European Union. EU policies in telecommunication sector rests in general concept of Information Society. Telecommunications are just a technology and infrastructure on which information transfer and exchange has been based.
Preliminary assessment gives some comparison between general trends in development instruments of Information Society in EU and legal proposition of Ukraine in specific telecommunication area. Ukraine –EU Action Plan defines priority areas in the line with Ukraine’s goal of further European Integration. Information Society, mainly acceleration of progress in e-communication policy and regulations is one of them.
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The creation of a favourable environment for enterprises is a key priority agreed by Ukraine and the EU in the EU-Ukraine Action Plan of 2005. The elimination of inconsistencies in the existing Economic and Civil codes and the convergence of company law with relevant international and EU rules and standards are part of the key principles to be taken into account in a new Joint Stock Company law.
The current report does not intend to comment on the draft law, article by article. Therefore more detailed observations could be further developed on specific provisions.
The purpose of this study is twofold: to examine the extent to which the current draft law takes into account the best practice of corporate governance and addresses the EU legislation accordingly, and to determine areas for improvement to make the draft law more workable and more responsive to the needs of enterprises.
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The performance of market surveillance activities is one of the ENP-AP priorities and a key condition for the signature of an ACAAs (Agreement on Conformity Assessment and Acceptance of Industrial Products) between the EU and Ukraine for some categories of products. To this end a preliminary agreement has been concluded between the Services of the European Commission and Ukraine in Brussels on 19 December 2005.
In this context, at least two preliminary draft law (not yet registered at the Verkhovna Rada) are circulated. One of them is originating from the Ministry of Economy while the second one has been drafted by the DSSU (State Committee for standardisation, technical regulations and consumer protection).
UEPLAC got one of those papers from the IFC Project “SME Policy development” and takes this opportunity to expose the main shortcomings and the best practices to keep in mind on the occasion of the regulation of market surveillance activities.
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This study was prepared in order to assist in dealing with some specific matters reflected in draft legislation dealing with insolvency matters.
UEPLAC is pleased to take note that a rather successful attempt of assessing the draft against the Council Regulation (EC) No1346/2000 (furtheron, the Insolvency Regulation) was made. Without any further prejudice, UEPLAC streamlined the main principles laid down in the Insolvency Regulation for the purposes as outlined in the request and developed drafts.
The analysis was mainly carried out with respect to cross-border insolvency and was focused my analysis on the provisions of the UNICITRAL Model Convention which was intended to create a legal framework for cross-border cooperation in insolvency matters. The essence of the Model Convention is that the state incorporating
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Priorities agreed in the EU-Ukraine Action Plan (ENP-AP) under the point 39 are worded as follows:
“Implement, and build upon, commitments on state aid under Art.49.2.2 and 49.2.3 of the PCA, and develop legislation and control regime compatible with that of the EU
Draft and adopt state aid legislation, including in particular:
- a definition of state aid compatible with that of the EU;
- a principle of prohibition of state aids which distort trade between Ukraine and the EU.
- the establishment of transparency as regards state aid granted in Ukraine (particularly by establishing a list of all aid grantors and an independent surveillance body, a regular report on the amounts, types and recipients of aid).”
It appears that the adoption of the corresponding legislation has been delayed and that none of the other activities foreseen will be carried out before the expiry of the Action Plan. In other words, a comprehensive system of State aid control has still to be established in Ukraine.
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This report aims at providing a sort of checklist for drafting the new law. For instance, the sections on capital, managers, shareholders’ meetings shall be highlighted. It also contains recommendations on which country’s contemporary experience it is better to use for each respective section of the report and a “synergy of information”.
Among the specific problems, the problem of the management authorities and management control shall be discussed.
The research follows a matrix structure comparing the essential elements of a modern company law through selected jurisdictions. The selected jurisdictions are the German Limited Liability Companies Act (GmbHG), the Council Regulation on the Statute for a European Company (Societas Europaea) (EC/Reg. No 2157/2001) and the draft regulation on the European Private Company (as provided by the Paris Chamber of Commerce) due to their continental legal tradition, accessibility and actuality.
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In accordance with the ToR for the Assignment the Ukrainian-European Policy and Legal Advice Centre is to submit to the EC Delegation, its expert opinion on the Ukraine’s new law on Public Procurement, adopted by the Verkhovna Rada (the Parliament) in June 2007, as to its compatibility with the WTO and EU standards, transparency, etc. The study also includes the brief and concise overview of the latest European trends and best practices in the subject related matters.
The Study consists of 6 chapters and 3 annexes. The Executive Summary comprises chapter 1.
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The“closer approximation of Ukraine to EU standards and practices in the area of employment and social policy” relates more to the development of specific policies (social and civil dialogue, health and safety at work, gender equality, labour law, employment policy, social protection, including social security issues and social inclusion) than to the adoption of legal measures.
Limited legal measures are only envisaged under the section 2.3 of the EU-Ukraine Action Plan ( Trade, market and regulatory reform) and they concern the movement of persons including movement of migrant workers:
- Full application of the best endeavour clause by abolishing all discriminatory measures based on nationality which affect migrant workers, as regards working conditions, remuneration or dismissal (objective 36 in relation to article 24 of PCA).
- Full implementation of provisions on co-ordination of Social Security (objective 37 in relation to articles 25 and 26 of PCA).
There are no such measures foreseen in the Plan of Measures for Legal Approximation 2007.
In the current stage of relations between Ukraine and the EU, co-ordination of social security takes the form of the conclusion of bilateral agreements with individual Member States. It has been reported by Ukraine that this process already started. The PoMLA 2007 should identify the next steps to complete the task.
The Community provisions on social security are based on four principles: only one legislation can be applicable, equality of treatment, retention of rights acquired, aggregation of periods of insurance or residence.
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With the view to fulfil its Terms of References Ukrainian-European Policy and Legal Advice Centre (UEPLAC) carries out preparation of the regulatory impact assessment methodology for draft legal acts. Based on the results of work a model of Annotation for legal enactment to be submitted to the Cabinet of Ministers of Ukraine was elaborated.
In the time of model elaboration, provisions of the valid legal acts of Ukraine were taking into account, namely the Temporary Rules of procedure of the Cabinet of Ministers of Ukraine, the Law of Ukraine “On the Principles of Regulatory Policy in Economic Activity”, “On the National Programme on Approximation of Ukrainian Legislation to the Legislation of the European Union”, relevant Decrees of the Cabinet of Ministers, etc. Elaborating present model the following legal instruments were also considered: Partnership and Co-operation Agreement between the European Communities and their Member States, and Ukraine; Ukraine-EU Action Plan, Recommendations of the European Commission on conducting the regulatory impact assessment and the best practice of the EU Member States.
The aim of the Annotation is to ensure evaluation and assessment of social, economic and financial impact on the national budget and budgets of local governments as well as impact on civil society and environment resulted from the legal enactment adoption as well as exclude probability to adopt mutually conflicting legal enactments.
Presented model specifies the structure and the content of Annotation for draft legal enactment that will be submitted to the Cabinet of Ministers of Ukraine for adjudication, inter alia for co-ordination with the relevant authorities.
The structure of proposed Annotation includes the main parameters of the regulatory impact assessment for legal enactments, which are applied in the Member States of the European Union and Candidate countries and comply with requirements and standards of the EU regarding regulatory impact.
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This questionnaire is elaborated taking into account the best practices applied in the new Member States and candidate countries of the EU.
The purpose of this questionnaire is twofold. Firstly, it is a preparation of the Ukrainian central bodies for introducing of a practice of regulatory impact assessment of draft legal acts. Secondly, the answers to this questionnaire will constitute the basis for exchange of views between the Ministry of Justice of Ukraine and Ukrainian central bodies while preparing the draft Plan of Measures for 2008 before its presentation to the Co-ordination Council for Legal Approximation of the Ukrainian Legislation to the Legislation of the European Union in September 2007.
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This document is premised on Ukraine’s hypothetical application for full membership of the South-East European Energy Community, and issues associated with said application. This paper deals mostly with technical, economical and commercial questions assuming that legal issues must be solved should Ukraine reach full membership in the Community. This document aims at defining the rationale for becoming a member of the Community and barriers that must be overcome. Due to the complexity of full-scale assessment and the absence of other Ukrainian stakeholders currently involved in impact assessment, this part of the report is limited to electricity sector.
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