The Venice Commission recommends amending the draft law on the transition period for Crimea and Donbas
The Venice Commission has published an opinion on the Ukrainian bill “On the principles of state policy in the transition period”, which proposes the regulation of the principles of public administration and justice in the occupied territories during the process of their reintegration. In conclusion, there is criticism and support for certain provisions of the government project.
This is stated in the text of the relevant conclusion.
The Commission considers that the impact of this law cannot be clearly foreseen once adopted and that the implementation of the framework law will depend on many details on the implementing laws and regulations that will need to be developed in the future.
This is because the draft law proposes to create only a general legal framework for the various measures of the transition period.
“Because of the general and vague norms ... the project is more reminiscent of political instructions than a normative legal act", - the text reads.
The Commission also noted that the repeal of several regulations, as provided for in the current draft law, would create a legal vacuum in Ukraine on some issues, especially concerning Crimea.
The Commission understands the Ukrainian authorities’ desire to define the legal framework for the transition period and recognizes that the law is largely based on the principles of international law and considers the needs of vulnerable groups in society.
Concepts like "transitional period", "transitional justice" have been criticized because they have a narrower meaning for international law.
Also, Ukraine cannot unilaterally change the basic provisions of international law on armed conflicts, they will remain in force regardless of the law of Ukraine.
"It is clear that the state has a legitimate right to form its vision ... However, such provisions should either be removed from the draft, or it should be clearly stated that they reflect only the Ukrainian reading of international law", - the conclusion explained.
VC experts recommend:
- To bring into line with international law the provisions on liability for criminal offenses committed in connection with temporary occupation, following international law, and review the current differentiated treatment of different categories of criminals;
- To narrow and clarify the provision regarding lustration, given that, according to international standards, lustration is limited to the most important positions in the state, does not apply to elective offices, there should be a possibility of its judicial control, etc .;
- To review that the law aims to establish the truth about all crimes, and not just about those committed by certain specific subjects of the conflict;
- To clarify the provisions for the convalidation of documents issued in the temporarily occupied territories, and revise the restrictive approach to the recognition of academic certificates, degrees and titles issued in those territories;
- To reflect in the project the special constitutional status of the Autonomous Republic of Crimea and Sevastopol.
What is known
- The Commission received the request for an opinion from the Minister for Reintegration of the Temporarily Occupied Territories on July 4, 2021. In August, the government registered a bill in the Verkhovna Rada №5844 “On the Principles of State Policy in the Transition Period”.
