Committee on State Building, Regional Policy and Local Self-Government recommends Ukrainian Parliament return draft law on amendments to some legislative acts of Ukraine (on honoring and establishing of additional guarantees to volunteers of anti-terrorist operation) for update

MIL OSI – Source: Parliament of Ukraine –

Headline: Committee on State Building, Regional Policy and Local Self-Government recommends Ukrainian Parliament return draft law on amendments to some legislative acts of Ukraine (on honoring and establishing of additional guarantees to volunteers of anti-terrorist operation) for update

O. Dekhtiarchuk, head of subcommittee on
administrative services, state symbols and rewards stated that a draft law (No 2837)
suggests to introduce changes to the Law of Ukraine “On State Rewards of
Ukraine” by introduction of “Good Will” order for reward of Ukrainian citizens
who voluntarily took direct participation in anti-terrorist operation in the
regions of its conduct, and to the Law of Ukraine “On the Status of War
Veterans, Their Social Protection Guarantees”, by equating individuals
decorated with this order to combat veterans, as well as to recognize coverage
of families of “Good Will” order recipients by this Law. Clause 2 of the
explanatory note mentions that “the main goal of the draft law is improvement
of martial spirit of anti-terrorist operation volunteers and establishment of
legal and organizational grounds for assurance of realization of rights of anti-terrorist
operation volunteers and their families”.

The head of the subcommittee has informed
that:

– The Verkhovna Rada Committee on Budget,
subsequent to the draft law review, stated in their conclusion that the draft
law affects the parameters of relevant budgets (by decreasing the revenue and
increasing the costs of state and local budgets), due to which the draft law
should be supplemented with financial-economic justification (with relevant
calculations) and suggestions regarding changes in legislative acts of Ukraine
on shortening of budget expenditures and/or sources of additional budget
revenues for achievement of its balance, as provided by part three of article 91
of the Regulation of  Verkhovna Rada of
Ukraine and part one of article 27 of the Budget Code of Ukraine;

– The Ministry of Finance of Ukraine state
in their expert conclusion that the draft law enforcement shall require
additional financial resources. At the same time, due to the absence of source
data on the number of individuals who might be rewarded with the “Good Will”
order and shall attain the relevant status and rights for benefits and
guarantees, the Ministry of Finance of Ukraine is devoid of the possibility to
provide financial assessment of the draft law. It was mentioned that, according
to preliminary calculations, costs of providing benefits in the current year
conditions should amount to about UAH 18 thou for combat veterans and UAH 15
thou for individuals covered by the Law of Ukraine “On the Status of War
Veterans, Their Social Protection Guarantees” (average annual amount per one
individual);

– The Verkhovna Rada Committee on
Corruption Prevention and Counteraction, subsequent to anti-corruption expert
assessment of this draft law, has concluded that this draft statutory act is
free from corruptogenic factors – the draft act conforms to anti-corruption
legislation requirements;

– The Verkhovna Rada Committee on Affairs
of Veterans, Combatants, ATO Participants and Disabled People supported the
draft law idea in their conclusion to the draft law; nevertheless, they stated
that the Law of Ukraine “On Introduction of Changes to the Law of Ukraine “On
the Status of War Veterans, Their Social Protection Guarantees” Regarding the
Status of Individuals Protecting Independence, Sovereignty, and Territorial
Integrity” (No 291 dated 07.04.2015) assures complex regulation of the
issue of provision of the relevant status to the individuals participating in anti-terrorist
operation in volunteer battalions and their family members, i.e. the draft law
has no urgency in the part of introduction of changes to the Law of Ukraine “On
the Status of War Veterans, Their Social Protection Guarantees”. Thus, The
Verkhovna Rada Committee on Affairs of Veterans, Combatants, ATO Participants
and Disabled People, has decided to recommend the Verkhovna Rada of Ukraine to
return this draft law in the first reading to the holders of the right of
legislative initiative for refining;

– Ministry of Defense of Ukraine,
subsequent to the draft law review results, has informed of the absence of any
suggestions and remarks regarding it;

– The Main Scientific-Expert Department of
the Administration of the Verkhovna Rada of Ukraine, having evaluated the draft
law, expressed several remarks and suggestions to its provisions. First of all,
the Main Department believes that reward of Ukrainian citizens who voluntarily
took direct participation in anti-terrorist operation in the regions of its
conduct is possible without establishment of a new order, by the way of their
honoring with existing state rewards. The draft law provisions where it is suggested
to state that “holders of the “Good Will” order are citizens of Ukraine who selflessly
and duly served the Ukrainian people, voluntarily defended our homeland,
independence and territorial integrity of Ukraine, took direct participation in
anti-terrorist operation in the regions of its conduct in accordance with
procedure established by the legislation”, at the opinion of the Main
Department, do not belong to the scope of legal regulation of article 6 “Individuals
belonging to combat veterans” of the Law of Ukraine On the Status of War
Veterans, Their Social Protection Guarantees” (clause 2 of Chapter І of the draft). Having
expressed other remarks to the draft law content, the Main Scientific-Expert
Department of the Administration of the Verkhovna Rada of Ukraine found
expedient to defeat it in the first reading subsequent to its review results.

In review of this draft law, the Committee
also took into consideration ordinances of the President of Ukraine dated
February 17, 2016, No 53 “On honoring by the President of Ukraine “For
Participation in Anti-terrorist operation”” and No 54 “On honoring by the
President of Ukraine “For Humanitarian Participation in Anti-terrorist
operation””, which were established for the purpose of honoring individuals –
defenders of sovereignty and territorial integrity of Ukraine during anti-terrorist
operation in Donetsk and Luhansk Oblasts, as well as employees of enterprises,
institutions, organizations, and other persons involved or voluntarily
supporting the conduct of anti-terrorist operation in Donetsk and Luhansk
Oblasts, performing volunteer activity, staying directly in anti-terrorist
operation conduct region during the relevant period.

O. Bereziuk, People’s Deputy of Ukraine,
suggested referral to the Ministry of Defense of Ukraine with request to
provide the information on the amounts allocated from the state budget of
Ukraine in 2015 for improvement of housing conditions of anti-terrorist
operation participants, as well as the amounts provided by the state budget in
the current year, and measures provided for their use for the purpose of provision
of housing to individuals requiring the state support while defending the
integrity of Ukraine.

Subsequent
to general discussion, the following decision was taken: to recommend the
Verkhovna Rada of Ukraine, in accordance with clause 3, part one of article 114
of the Regulation of Verkhovna Rada of Ukraine, to return the draft law on
amending certain legislative acts of Ukraine (on honoring and establishing of
additional guarantees to volunteers of anti-terrorist operation) (registration
No 2837) to a holder of the right of legislative initiative for refining, and
to refer to the Ministry of Defense of Ukraine with request to provide the
information on the amounts allocated from the state budget of Ukraine in 2015
for improvement of housing conditions of anti-terrorist operation participants,
as well as the amounts provided by the state budget in the current year, and
measures provided for their use for the purpose of provision of housing to
individuals requiring the state support while defending the integrity of
Ukraine.

© Multimedia Investments Ltd Terms of Use/Disclaimer.