Analysis of the draft law:
Analysis of the draft law (document missing)
Unfortunately, I cannot provide an analysis of the draft law because the document has not been uploaded. To conduct the analysis, I need to have the text of the draft law.
Please provide the text of the draft law so that I can perform the following steps:
- Describe the essence of the draft law in 3-5 sentences.
- Describe the structure of the draft law, its main provisions, and changes compared to previous versions (if any).
- Describe the main provisions of the draft law that may be most important to legislators, experts, businesses, and citizens.
After providing the text, I will perform the analysis in HTML format, as indicated in your request.
Analysis of other documents:
Analysis of documents regarding the draft law on ARMA
Resolution of the Verkhovna Rada of Ukraine
Position: The author of the resolution (Radina A.O. and others) strongly supports the adoption as a basis of the draft Law of Ukraine on Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Institutional Capacity of the National Agency of Ukraine for Finding, Tracing and Management of Assets. The document emphasizes the need to finalize the draft law taking into account the proposals of subjects of legislative initiative and the opinion of the Committee on Anti-Corruption Policy.
Key provisions:
- It is proposed to adopt as a basis the draft Law of Ukraine aimed at strengthening the institutional capacity of ARMA and improving asset management mechanisms.
- The Committee on Anti-Corruption Policy is instructed to finalize the draft law and submit it to the Verkhovna Rada for the second reading.
Opinion of the Committee on Anti-Corruption Policy
Position: The Committee supports the draft law with the aim of finalizing certain provisions for the second reading. The decision was made after discussing the proposals of the people’s deputies-members of the Committee.
Key provisions:
- The Committee recommends that the Verkhovna Rada adopt the draft law in the second reading and as a whole as a Law in the version proposed by the Committee, with the necessary technical and legal processing.
- The Committee approved the comparative table to the draft law prepared for the second reading.
- In the process of working on the draft law, 10 amendments were taken into account, partially – 4, editorially – 1, 905 amendments out of 920 were rejected.
Opinion of the Main Scientific and Expert Department
Position: The Main Scientific and Expert Department expresses a number of comments and proposals to the draft law, indicating the need to finalize certain provisions.
Key provisions:
- The purpose of the draft law is to create conditions for economically efficient and corruption-resistant management of seized assets.
- The Department expresses concerns regarding guarantees of ARMA’s independence, the possibility of the Cabinet of Ministers of Ukraine canceling the Agency’s acts, the lack of reference to the погашення судимості [redemption of a criminal record] when appointing to a position, financing the activities of the Competition Commission and the Evaluation Commission through international technical assistance, and the compliance of the proposed changes with the Constitution and other laws of Ukraine.
- It is pointed out that it is necessary to harmonize the provisions of the draft law with the Law of Ukraine “On Civil Service” and the reform of remuneration of civil servants.
- Comments on the protection of personal data and the right to privacy when providing access to information with restricted access.
- Proposals for clarifying terminology and harmonizing provisions with other laws of Ukraine.
- In general, there are many comments that require significant finalization.
Opinion of the Committee on Ukraine’s Integration into the European Union
Position: The Committee believes that the draft law does not contradict Ukraine’s international legal obligations in the field of European integration, but needs to be finalized in terms of the comments made.
Key provisions:
- The draft law relates to the areas of justice, freedom and security, protection of human rights and good governance.
- It is indicated that the draft law will contribute to the implementation of the European Commission’s recommendations on reforming ARMA.
- Comments on possible violations of human rights in terms of protection of personal data and the right to privacy when accessing registers and databases.
- It is pointed out that it is necessary to harmonize the provisions of the draft law with the draft Law “On Amendments to the Law of Ukraine “On Civil Service” regarding the introduction of uniform approaches in the remuneration of civil servants based on the classification of positions.”
Opinion of the Main Department of Document Support
Position: The Main Department of Document Support carried out a professional (linguistic) examination of the draft law and provides editorial corrections, which were taken into account by the main committee.
Key provisions:
- Editorial corrections provided during previous examinations have been taken into account by the main committee.
- There are no comments on the text of the draft law.
Opinion of the Main Legal Department
Position: The Main Legal Department provides a detailed opinion with a large number of comments regarding the inconsistency of the draft law with the Constitution and laws of Ukraine.
Key provisions:
- Comments on changing the status aspects of ARMA’s activities, in particular, regarding the participation of representatives of development partners in the Competition Commission, the prohibition for the Government of Ukraine to cancel the Agency’s acts, the terms of remuneration of ARMA employees, granting members of the Competition Commission and the Evaluation Commission access to information with restricted access, and the status of ARMA employees.
- Comments on the provisions of the draft law, which do not comply with the constitutional principle of the rule of law, in particular, regarding the criteria of integrity of a candidate for the position of Head of the National Agency, restriction of the right to appeal decisions of the Competition Commission.
- Other comments regarding the inconsistency of the provisions of the draft law with the Civil Code of Ukraine, the Law of Ukraine “On Banks and Banking Activities”, the Criminal Procedure Code of Ukraine and other regulations.
- A large number of comments indicate the need for significant finalization of the draft law.
Approximate list of subordinate normative legal acts
Position: The document contains an approximate list of subordinate normative legal acts necessary for the implementation of the draft law.
Key provisions:
- A list of normative legal acts of the Cabinet of Ministers of Ukraine and central executive bodies that need to be adopted or revised in case of the adoption of the draft law is provided.
- The deadlines for the adoption of subordinate normative legal acts are indicated.
Opinion of the Committee on Ukraine’s Integration into the European Union (second reading)
Position: The Committee believes that the draft law does not contradict Ukraine’s international legal obligations in the field of European integration and needs to be finalized in terms of personal data protection.
Key provisions:
- It is pointed out that it is necessary to protect the personal data of a person (candidate for a position at ARMA) and to harmonize the draft law with the uniform approaches in the remuneration of civil servants based on the classification of positions, which are regulated by the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Introduction of Uniform Approaches in the Remuneration of Civil Servants Based on the Classification of Positions.”
