Law Draft Analysis:
Unfortunately, I cannot provide an analysis without the text of the law draft. If you have the opportunity to provide the text or key provisions, I can conduct a detailed analysis based on the available information.
Explanatory Note Analysis:
Essence of the Law Draft
The Draft Law of Ukraine provides for amendments to existing laws in connection with the ratification of the Council of Europe Convention on Offenses Related to Cultural Property. It aims to implement international standards for regulating the circulation, export, import, and return of cultural property.
Reasons and Necessity for Adopting the Law Draft
The necessity of adopting this law is due to Ukraine’s obligations to international partners after signing the Council of Europe Convention in 2017. Legislative implementation of the Convention is mandatory, as it involves amending national legislation to ensure effective control over offenses related to cultural property.
Main Consequences of the Law Draft
Adopting this law will allow Ukraine to implement international legal standards, which will contribute to strengthening the protection of cultural property and preventing its illegal circulation. This will have a positive impact on public and other organizations involved in protecting cultural property, as it regulates relations in the sphere of export, import, and return of such property. At the same time, for persons engaged in illegal activities in this sphere, the law will have a negative impact, as it establishes clear rules and restrictions. The law does not require additional budget expenditures, as it will be implemented within already allocated funds.
Analysis of Other Documents:
Analysis of Documents Regarding the Law Draft on Amending Laws of Ukraine in Connection with Ratification of the Council of Europe Convention on Offenses Related to Cultural Property
1. Position of Document Authors
The law draft is supported by the majority of executive authorities and committees of the Verkhovna Rada of Ukraine. Ministries and committees generally expressed support for the draft law, noting the need to implement European standards in the field of cultural heritage protection. At the same time, some expert bodies, such as the Committee on Digital Transformation and the Main Scientific and Expert Directorate, expressed remarks about the need to refine certain provisions, particularly regarding amendments to the Law “On Electronic Commerce”.
2. Main Provisions of Documents
- Draft Approval: The draft law has been approved by the Ministry of Foreign Affairs, Ministry of Internal Affairs, Ministry of Culture and Information Policy, Ministry of Justice, Ministry of Digital Transformation, Ministry of Finance, and the State Customs Service of Ukraine.
- Draft Law Purpose: Implementation of the Council of Europe Convention on Offenses Related to Cultural Property to improve the effectiveness of cultural heritage protection in Ukraine.
- Legislative Amendments: The draft law provides for amendments to the Laws of Ukraine “On Export, Import, and Return of Cultural Property”, “On Culture”, and “On Electronic Commerce”. These changes are aimed at updating the list of cultural property, establishing requirements for their export and import, and improving mechanisms to prevent illegal circulation of cultural property.
- Remarks and Proposals: The Committee on Digital Transformation expressed the need to refine amendments to the Law “On Electronic Commerce” to avoid imposing inappropriate functions on the NCEC. The Main Scientific and Expert Directorate noted the need to clarify terminology and coordinate the law draft’s effective date with the development of subordinate legal acts.
Overall, the draft law is an important step towards improving cultural heritage protection standards in Ukraine, but requires additional refinement to address existing remarks and proposals.
