Results of the research of legislative provision for movement towards symmetrical visa-free regime between the EU and Ukraine are presented
The conclusions and recommendations of the Center are based on the following: the first results of a ‘visa dialog’ between Ukraine and the EU that started in October of 2008; experience of “Road Maps to Visa-free Regime”, provided on the part of the EU to Western Balkan countries in 2008; and also on the existing Ukraine-EU documents, first and foremost, on Ukraine-EU Action Plan in the area of justice, freedom and security, approved in 2002 and updated in 2007.
Within the framework of the research, there was offered a clearly defined road map of reforms, designated for Ukrainian legislators. The map outlines a list of legislative acts, whose adoption is to provide the normative-legal component of the movement towards the visa-free regime with the EU.
Work on improvement of corresponding legislation requires coordinated and systemic efforts on the part of the Cabinet of Ministers, relevant ministries, parliamentary committees and the parliament as a whole, with involvement of independent experts both from Ukraine and the European Union.
The Ukrainian legislative body has to demonstrate its political will and depoliticized, systemic and professional approach to filling gaps in the national legislation for the purpose of provision of freedom of movement for Ukrainian citizens in Europe and the world.
During the last two years (2008-2009) the Verkhovna Rada of Ukraine did not adopt a single important document, which would correspond to European standards in the area of security of documents, protection of personal data and migration policy. These areas of state policy are the key ones for achievement of progress regarding cancellation of visas on the part of the EU.
A comprehensive list of international conventions and protocols was defined. They are a part of the list of the EU conditions that are necessary for cancellation of the visa regime and that were signed by Ukraine, but still remain unratified as of today. Also a list of necessary international-legal documents, which are not yet signed by Ukraine, was prepared.
Legislative provision of the transfer to the modern standard of biometrical passports and plastic identification cards of European standard and creation of a unified register of documents of the citizens of Ukraine along with a relevant introduction of effective legislation on protection of personal data are the integral conditions for cancellation of the visa regime on the part of the EU.
Another gap in the legislation of Ukraine is legislation on migration. First and foremost, the matter is about a necessity to approve a basic law that would define conceptual approaches to implementation of the migration policy.
It is also needed to adopt the Law of Ukraine “On State Migration Service of Ukraine” on the basis of a revised instruction of the Cabinet of Ministers of Ukraine, ref. # 643, dated as of June 24, 2009.
The national legislation on border management requires further development in the direction of creation of a modern system of integrated border management, with consideration of the Schengen Border Code and other standards of the European law.
According to Oleksandr Sushko, Member of the Joint Committee of Experts on Implementation of the Agreement on Simplification of Visa Registration between Ukraine and the EU, the Ukrainian legislation in the areas, which are given special attention by the European Union in the process of negotiations on provision of visa-free regime, remains significantly imperfect. Pace and quality of legislative work under such directions as migration policy, security of documents, protection of personal data, border management and anti-corruption policy are unsatisfactory.
According to Iryna Sushko, Head of Europe Without Barriers Public Initiative, lack of regulation of placement of biometrical data and absence of their legal protection are the main factors of non-compliance of the current legislation of Ukraine on documents that identify a person to the conditions of introduction of visa-free regime on the part of the EU.
Iryna Solonenko, Director of the European Program of the International Renaissance Foundation, thinks that today it is worthwhile to stop accusing the EU of their lack of desire to cancel visa limitations for Ukrainian citizens and rather concentrate on internal reforms that will make Ukraine a real candidate for the visa-free regime with the EU. The research discusses these reforms and today active public and mass media have to consolidate their efforts and demand that the authorities carry out corresponding reforms.
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The research was carried out under the support of the European Program of the International Renaissance Foundation.
The Europe Without Barriers Public Initiative was created in 2008 on the basis of the eponymous All-Ukrainian Consortium of Public Organizations and Analytical Centers, for the purpose of consolidation of public activists’ and experts’ efforts, directed on elimination of obstacles for freedom of movement in Europe.
web site: www.novisa.org.ua
