One Year Later – EU-Ukraine Association Agreement Signed a Year Ago: Progress and Prospects (Harmonization of National Legal System with EU Legislation and Practice) Tbilisi | 2015 Lana Sinichkina, Partner
Jan 19, 2016
One Year Later – EU-Ukraine Association Agreement Signed a Year Ago:
Progress and Prospects
(Harmonization of National Legal System with EU Legislation and Practice)
Tbilisi | 2015Lana Sinichkina, Partner
Content
Tbilisi | 2015
1. Legislative Background
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Legislative Background
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I. EU-Ukraine Association Agreement:
II. Action Plan of the Cabinet of Ministers of Ukraine on Implementation of the EU-Ukraine Association Agreement for 2014-2017
III. Coalition Agreement between the parties constituting the majority of Ukrainian Parliament
IV. Strategy of Constant Development “Ukraine 2020” approved by the President of Ukraine
Economic and Sector Cooperation (Title V)
Energy Macro-Economic Public finances Taxation
Statistics Environment Transport Space
Science, technology Industry, enterprise Mining, metals Financial services
Company law, corporate governance, auditing
Fisheries and maritime policies
Employment, social policy Education, training and youth
Agriculture Information society Danube river Consumer protection
Audio-visual policy Public health Tourism Culture
Sport Civil Society Cross-Border and regional cooperation
Participation in EU agencies and programs
DCFTA (Title IV) – key issues
Technical regulations and conformity assessment
Sanitary and phytosanitary measures
Operation of the Customs Office
Antitrust legislation
IP rights Transparent rules in the energy sector
Public procurement
Ministries Other State Authorities• Ministry of Economic Development and
Trade• Ministry of Agrarian Policy and Food• Ministry of Infrastructure• Ministry of Justice• Ministry of Social Policy• Ministry of Education and Science• Ministry of Health• Ministry of Internal Affairs• Ministry of Regional Development,
Construction and Utilities Services• Ministry of Energy and Coal Industry• Ministry of Finance
• Antimonopoly Committee of Ukraine• National Committee on Television and
Radio Broadcasting• State Inspection on Nuclear Regulation• State Service on Emergency Situations• State Service on Special Connection and
Protection of Information• National Commission on Securities and
Stock Market• National Commission Conducting State
Regulation in the Area of Financial Services Markets
Action Plans of Ministries and other State Authorities
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http://www.kmu.gov.ua/kmu/control/uk/publish/article?art_id=247984208&cat_id=247984327
Recent developments in Ukraine
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New Government: foreign experts and businessmen Active participation of business organizations in development of UkraineFinancial aid from international organizations and funds
• April 2014, IMF – US $ 17.01 billion,• February 2015, IMF - economic reform program;• March 2015, IMF – US $ 17.5 billion program;• May 2015, EU – EUR 1,8 billion program under Memorandum of
Understanding (Riga);
Financial Aid – Reforms to be made by Ukraine
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• Deregulation; • Reform of tax administration;• Reform of banking sector;• Reform of energy sector;• Transparency and anticorruption reform; • Reform of state-owned enterprises
• Deregulation;• Financial sector reform;• Increasing efficiency in the use of public resources;• Anticorruption reform;• Utility and energy sector reform;• Reforms in social sphere
• Deregulation;• Reform of competition policy; • Reform of public finance management system and financial sector;• Anticorruption reform; • Reform of state-owned enterprises;• Reform of public administration;• Reform in energy sector;• Reforms in social sphere;• Judicial reform;
2. Institutional Changes
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New bodies created in order to ensure harmonization
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Issue of appointing the Vice-Premier Minister on European integration was raised by the President on June 4, 2015
3. Reforms
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• Deregulation
Stamping abolishment Simplification of business launch Single Window system creation Reduction of number of licenses/permits Harmonization of Technical Regulation System with EU regulation
Recent Developments in Ukraine
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• Taxation Reform
Reduction of number of taxes from 22 to 9; Introduction of electronic administration of VAT; The convergence of accounting and taxation for income tax; Reduction of the tax burden on the wage fund; Alteration of transfer pricing rules; Specific VAT system in the agricultural sector;
• Judicial Reform
improved order of formation of courts, appointment of judges to administrative positions, optimization of courts;
improvement of the order of formation of the Highest Council of Justice; clarified and strengthened guarantees of independence and immunity of
judges, their rights and obligations, clear definition of the grounds and procedure for disciplinary proceedings
against judges Strengthening the position of the Supreme Court as a guarantor of unity of
the judicial practice
• Anticorruption Reform
Criminal liability of legal entities; Clarification of definition of illegal benefit; New regulations on gifts; Legal regulation of whistleblowing; Introduction of Anti-corruption expertise of legal acts; Registers of corruption offenders; Requirements to compliance procedures; New enforcement agencies:
• National anti-corruption agency • National anti-corruption bureau • Specialized anti-corruption prosecutor’s office
• Decentralization;• Revised public procurement law; • Ongoing public finance management reform;• Laws on standardization and metrology;• Laws on food safety and animal identification and registration;• Amendments to consumer protection legislation;• Agricultural reform; • Criteria for systemically important banks;• Progress on gender equality;• Ratification of eight of the International Labor Organization’s Conventions;
Recent Developments in Ukraine (2)
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Presidential election in May and the parliamentary elections in October 2014 complied with international standards.
4. Civil Society Initiatives
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Key Civil Society Organizations
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Stronger Together
Easy Business
Reanimation Package of Reforms
ACC
EBA
On-line instrument for monitoring implementation of EU-Ukraine Association Agreement:•Search by numbers, names of legal acts of EU, by topics;•Contains brief description of EU legal acts to be implemented and direct links to EUR-Lex;•Allows to asses the progress of implementation of the EU law
Navigator of Association
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http://www.eurointegration.com.ua/navigator/
4. Harmonization in Energy Sector
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Reform of Ukrainian legislation in part of energy market reform and increase of energy transparency is important for:
-Implementation of the Association Agreement;
-Implementation the Protocol on the accession of Ukraine to the Energy Community Treaty;
-increase of the energy sector transparency, thus reduction of corruption and liquidation of shadow schemes;
-increase of investments in the energy sector, strengthening of energy security.
Energy Sphere Reform
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1) Appointing Deputy Minister on issues of European integration;2) Creation of the Department of European integration within the Ministry of
Energy and Coal Industry;3) Approving the Action Plan on Implementation of the EU Legislation in the
Energy Sphere:
4) Adopting the Law of Ukraine “On natural gas market” № 329-VIII – based on Directive 2009/73/EC – April 9, 2015:
5) procedures and liability of the State to enhance the security of gas supply in a crisis situation,
6) the division of market players, 7) consumer protection.5) Registering the Draft law of Ukraine “On transparency of mining industry” reg. No.
2591 based on EITI requirements at the Parliament – April 7, 2015.
Measures taken by Ukraine in energy sphere
Tbilisi | 2015
Draft Law “On transparency of mining industry”:will allow to fulfil the requirements of the EITI – to disclose:
•the funds paid by the companies in the field of extraction and transportation of oil and gas to the budgets of different levels; •the income received by the state from the activities of these companies; and• information on their activity and the license holders.
Ukraine – on the way to EITI
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Thank you!
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Tbilisi | 2015
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We are looking forward to our future cooperation!
Key Contacts:
Timur Bondaryev, Managing [email protected] Lana Sinichkina, [email protected]
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