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Honouring of obligations and commitments by Ukraine

Recommendation 1722 (2005)

Parliamentary Assembly
Assembly debate on 5 October 2005 (28th Sitting) (see Doc. 10676, report of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), co-rapporteurs: Mrs Severinsen and Mrs Wohlwend). Text adopted by the Assembly on 5 October 2005 (28th Sitting).
1. The Parliamentary Assembly refers to its Resolution 1466 (2005) on the honouring of obligations and commitments by Ukraine.
2. The Assembly recommends that the Committee of Ministers :
2.1 analyse the obstacles encountered by the Ukrainian authorities with regard to the ratification of Council of Europe treaties as, since its accession ten years ago, Ukraine has ratified only 45 and signed 27 out of 200 treaties (as of August 2005) ;
2.2 intensify co-operation activities to assist the Ukrainian authorities in the implementation of the European Charter of Local Self-Government (ETS N°. 122), in order to strengthen the development of local democracy in Ukraine (both as regards the legislative and regulatory framework and the training of public servants of local self-government bodies) ;
2.3 with a view to providing the Ukrainian authorities with comprehensive assistance for the building up of an open and democratic society, intensify co-operation activities, in particular in the fight against corruption, reform of the Prokuratura and independence of the judiciary, as well as in the training of judges, police and prosecutors ;
2.4 invite the Ukrainian authorities :
2.4.1 to rapidly ratify Protocols Nos. 12 and 14 to the European Convention on Human Rights (ETS N°. 177 and CETS N°. 194), the revised European Social Charter (ETS N°. 163), the Criminal Law Convention on Corruption (ETS N°. 173), the European Convention on Transfrontier Television (ETS N°. 132), and the European Convention on Nationality (ETS N°. 105) ;
2.4.2 to strengthen co-operation with the Council of Europe in order to ensure full compatibility of Ukrainian legislation and practice with the Organisation’s principles and standards, especially with regard to the standards embodied in the European Convention on Human Rights, as well as full compliance with the decisions of the European Court of Human Rights as regards the individual and general measures that may be required ;
2.4.3 to submit to Council of Europe experts such as the European Commission for Democracy through Law (Venice Commission) any new draft amendments to the constitution, draft legislation concerning the reform of the Prokuratura, creation of a public service broadcasting, revision of the law on the Bar, legal aid, etc.
3. The Assembly, referring to its Resolution 1364 (2004), recommends that the Committee of Ministers and the Secretary General reinforce Council of Europe presence in Ukraine, in particular by designating a special representative of the Secretary General in Ukraine whose mandate should be to follow current developments in the country, to provide advice and Council of Europe expertise if and when needed, and generally to enhance and co-ordinate the ongoing co-operation with the Ukrainian authorities.